In essence, the question is whether EY made mistakes and, if so, how difficult they were, Jonas told the newspaper. The answer depends on whether and to what extent EY has to be liable. A liability limit only applies to negligent mistakes, said Jonas. It looks different with direct or indirect intent. Generally speaking, the following applies: “If auditors knew that the balance sheet was wrong and they still issue a certificate, they have unlimited liability.” This also applies to conditional intent, i.e. if the damage has been accepted with approval.
Jonas will now prepare a report on the work of EY on behalf of Jaffe. If Jonas comes to similar results as the special auditor appointed by the German Bundestag’s investigative committee to Wirecard around the auditor Martin Wambach, a lawsuit against EY is likely, according to the newspaper. The “Handelsblatt” had recently made the Wambach report, which had been classified as secret, public.
The “Handelsblatt” quoted an EY spokesman on Sunday about a possible Jaffe lawsuit with the words: “Please understand that we are fundamentally unable to comment on individual or potential lawsuits. We emphasize, however, that our auditors carried out their audit activities to the best of their knowledge and belief. “
Wirecard went bankrupt in June 2020 after air bookings worth billions became known. The Munich public prosecutor’s office is investigating balance sheet falsification, fraud, market manipulation and money laundering. The now broken up Wirecard group had granted air bookings amounting to 1.9 billion euros. The prosecutors assume that Wirecard has shown fictitious profits since 2015. Former boss Markus Braun, an Austrian, and two other ex-board members were arrested in July 2020. The board member Jan Marsalek, also from Austria, fled, he is wanted with an international arrest warrant. (APA)