NMT Case 5

Summary

Trial V, The United States of America vs. Friedrich Flick et al., also known as the "Flick Trial", took place between February and December 1947; appeal of sentences continued through Nov 1949. Six defendants were charged with the commission of war crimes and crimes against humanity. The English transcript of the trial runs to some 11,026 pages. During the trial, the prosecution introduced 869 written exhibits and 31 witnesses; the defense introduced 613 written exhibits and 20 witnesses. The tribunal convened 136 times.

This trial was the first of the three so-called industrialist cases. The defendants were leading officials in the Flick Concern or its subsidiary companies (of which there were at least sixteen). The Flick Concern was the largest privately-owned enterprise in Germany for the production of iron, steel, and armaments; Friedrich Flick was the principal proprietor, dominating influence, and active head of a large group of enterprises in the coal, iron, and steel industries. In addition, he was on the board of many other companies and held executive positions on important national boards set up to regulate these industries. The other defendants were leading officials in various Flick enterprises. Otto Steinbrinck also held the positions of Plenipotentiary for Coal in the Occupied Western Territories and Plenipotentiary General for the Steel Industry in occupied France, Belgium, and Luxembourg.

Persons Involved

Military Tribunal IV

• Charles B. Sears, presiding judge
• Frank N. Richman, judge
• William C. Christianson, judge
• Richard D. Dixon, alternate judge

Prosecution

• Brigadier General Telford Taylor, Chief of Counsel for War Crimes for all NMT Trials
• Thomas Ervin and Rawlings Ragland, Deputy Chief Counsel
• Charles Lyon, Chief, Flick Trial Team
• Associate counsel: Norbert Barr, Paul Gantt, Ralph Goodman, Richard Lansdale, Edwin Sears, Joseph Stone, Blake Woodson

Defendants

• Friedrich Flick
• Odilo Burkart
• Konrad Kaletsch
• Otto Steinbrinck
• Hermann Terberger
• Bernhard Weiss

Defense Counsel

• Flick: Dr. Rudolf Dix
• Burkart: Dr. Otto Kranzbuehler
• Kaletsch: Dr. Herbert Nath
• Steinbrinck: Dr. Hans Flaechsner
• Terberger: Dr. Horst Pelckmann
• Weiss: Dr. Walter Siemers

Chronology Overview

• Indictment filed 8 Feb 1947
• Indictment served 8 Feb 1947
• Amended indictment filed 18 Mar 1947
• Amended indictment served 18 Mar 1947
• Arraignment 19 Apr 1947
• Prosecution Opening Statement 19 Apr 1947
• Defense Opening Statement 2 July 1947
• Prosecution Closing Statement 24 Nov 1947
• Defense Closing Statement 25-29 Nov 1947
• Prosecution rebuttal 29 Nov 1947
• Judgment 22 Dec 1947
• Sentence 22 Dec 1947
• Affirmation of sentences 30 June 1948
• Denial of writ of habeas corpus 6 Apr 1948
• Denial of appeal of above 11 May 1949
• Denial of writ of certiorari 14 Nov 1949

Indictments

Count 1: War Crimes and Crimes against Humanity

1. Enslavement and deportation to slave labor of civilians
2. Enslavement of concentration camp inmates
3. Use of prisoners of war in war operations and related work

Count 2: War Crimes and Crimes against Humanity

1. Plunder and spoliation in occupied countries and territories

Count 3: Crimes against Humanity

1. Persecution on racial, religious, and political grounds, including the "Aryanization" of Jewish property

Count 4: War Crimes and Crimes against Humanity

1. Murders, atrocities, inhumane acts resulting from working with the Nazi Party and its organizations such as the SS, especially through the group "Friends of Himmler"

Count 5: Membership in the SS, an organization declared to be criminal by the International Military Tribunal

Evidence File Groups Used in Trial: D, EC, NI, PS, R

Other Persons/Organizations Mentioned

• Friedrich Flick Kommanditgesellschaft: parent holding company in Flick concern
• Reichsvereinigung Eisen (RVE): official organization regulating the German iron and steel industry
• Wirtschaftsgruppe Eisenschaffende Industrie: Economic Group of the Iron Producing Industry
• Ostgesellschaften: enterprises set up to exploit industry in the East/USSR (see next entry for example)
• Berg- und Huettenwerke Ost G.m.b.H. (BHO), a government sponsored company established to exploit mines and iron/steel plants in the USSR
• Eisenwerk Gesellschaft Maximilianshuette A.G. (Maxhuette) Iron mines and smelting plants located in Sulzbach-Rosenberg, 50 km east of Nuremberg
• "Kleiner Kreis": a group of leaders of the iron, steel and coal industries
• Reichsvereinigung Kohle (RVK): official organization regulating German coal industry
• "Friends of Himmler" aka "Freundeskreis" aka "Keppler Circle": organization of business leaders offering aid and financial support to the SS
• Siegenermaschinenbau A.G. (SIEMAG): steel processing company in Düsseldorf
• Deutsche Maschinenbau Aktiengesellschaft (DEMAG): construction firm, manufacturer of tanks, locomotives, railroad cars
• Braunkohle-Benzin A.G. (BRABAG): government-sponsored company for manufacturing synthetic fuel from brown coal
• Vereinigte Stahlwerke A.G. (Stahlverein): steel company formed in 1926, with over 1/3 of Germany's steel manufacturing capacity
• Mitteldeutsche Stahlwerke A.G. (Mittelstahl): steel conglomerate owned by Frick in Riesa and later near Berlin
• "FAGUMA": Gesellschaft fuer Fahrzeug- und Maschinenwerke m.b.H., a holding company within the Flick conglomerate
• Rigaer Waggonfabrik (VAIROGS): a firm in Latvia manufacturing railroad cars
• Petschek family: a family of leading bankers/industrialists in Prague, whose mining business was 'sold' to the Flick concern through "Aryanization"
• Rawack und Gruenfeld: an ore-trading concern in Luebeck which was transferred to the Flick concern through "Aryanization"

Detailed Chronology

Judgment and Sentences

Friedrich Flick: guilty on counts 1, 2, 4. Sentence 7 years

Odilo Burkart: not guilty (released)

Konrad Kaletsch: not guilty (released)

Otto Steinbrinck: guilty on counts 4,5. Sentence 5 years.

Hermann Terberger: not guilty (released)

Bernhard Weiss: guilty on count 1, not guilty count 2. Sentence 2.5 years.