1. INDICTMENT1

The United States of America, by the undersigned Telford Taylor, Chief of Counsel for War Crimes, duly appointed to represent said Government in the prosecution of war criminals, charges that the defendants herein committed war crimes and crimes against humanity, as defined in Control Council Law No. 10, duly enacted by the Allied Control Council on 20 December 1945. These crimes included murders, brutalities, cruelties, tortures, atrocities, deportation, enslavement, plunder of public and private property, persecutions, and other inhumane acts as set forth in counts one, two, three, and four of this indictment.

The persons accused as guilty of these crimes and accordingly named as defendants in this case are

FRIEDRICH FLICK-The principal proprietor, dominating influence, and active head of a large group of industrial enterprises (the most important of which are described in appendix A hereof) including coal and iron mines and steel producing and fabricating plants, sometimes collectively referred to herein as the "Flick Concern";2 member of the Aufsichtsrat (supervisory board) of numerous other large industrial and financial companies; Wehrwirtschaftsfuehrer (military economy leader); member of the Praesidium of Reichsvereinigung Kohle and of Reichsvereinigung Eisen (official bodies for regulation of the coal and iron and steel industries); member of the Kleine Kreis ("Small Circle"), a small group of leaders of the iron, coal, and steel industry which exercised great influence over the industry for many years before and during the war; member of the Verwaltungsrat (administrative board) of the Bergund Huettenwerke Ost G.m.b.H. (BHO), a government-sponsored company for exploitation of the Russian mining and smelting industries; member of the Beirat (advisory council) of the Wirtschaftsgruppe Eisenschaffende Industrie (Economic Group of the Iron Producing Industry); member of the "Circle of Friends” of Himmler, which gave financial and other support to the Schutzstaffeln der Nationalsozialistischen Deutschen

1 This indictment, dated 18 March 1947, was sometimes referred to as the "amended indictment" since the initial indictment in the Flick Case was dated 8 February 1947. The indictment of 18 March 1947 superseded and replaced the initial indictment. Amendments to the indictment of 18 March 1947 made pursuant to Tribunal orders upon motion of the prosecution during the course of the trial are indicated hereinafter by footnotes.

• The German word "Konzern" is sometimes used in place of "Concern" throughout this

case.

Arbeiterpartei (commonly known as the SS); member of the Nationalsozialistische Deutsche Arbeiterpartei (Nazi Party, usually abbreviated "NSDAP”).

OTTO STEINBRINCK-A leading official of numerous Flick enterprises and Flick's principal assistant in the operation of such enterprises from 1925 until the end of 1939; thereafter a leading official of Vereinigte Stahlwerke A.G. and affiliated companies; member of supervisory and executive boards of several other private and governmental organizations; Wehrwirtschaftsfuehrer, Generalbeauftragter fuer die Stahlindustrie (Plenipotentiary General for the Steel Industry) in the occupied territories of northern France, Holland, Belgium, and Luxembourg; member of the "Circle of Friends" of Himmler; member of the Praesidium of the Reichsvereinigung Kohle; Brigadefuehrer (Brigadier General) in the SS and recipient of several SS decorations.

ODILO BURKART-A leading official of numerous Flick enterprises and a close associate of Flick; an official of Reichsvereinigung Eisen and of the Wirtschaftsgruppe Eisenschaffende Industrie; Wehrwirtschaftsfuehrer.

KONRAD KALETSCH-A leading official of numerous Flick enterprises and a close associate of Flick; Wehrwirtschaftsfuehrer; principal official and owner of Siegener Maschinenbau A.G. (Siemag).

HERMANN TERBERGER-A leading official of numerous Flick enterprises including, particularly, the Eisenwerk Gesellschaft Maximilianshuette G.m.b.H., and a close associate of Flick; member of the NSDAP; member of the Sturmabteilungen der NSDAP (commonly known as the SA).

COUNT ONE

1. Between September 1939 and May 1945 all the defendants committed war crimes and crimes against humanity, as defined by Article II of Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with: enslavement and deportation to slave labor on a gigantic scale of members of the civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by Germany; enslavement of concentration camp inmates, including German nationals; and the use of prisoners of war in war operations and work having a direct relation with war operations, including the manufacture and transportation of armaments and munitions. In the course of these activities hundreds of thousands of persons were enslaved, deported, ill-treated, terrorized, tortured, and murdered.

2. The acts, conduct, plans, and enterprises charged in paragraph 1 of this count were carried out as part of the slave-labor program of the Third Reich, in the course of which millions of persons, including women and children, were subjected to forced labor under cruel and inhumane conditions which resulted in widespread suffering and many deaths. At least 5,000,000 workers were deported to Germany. The conscription of labor was accomplished in many cases by drastic and violent methods. Workers destined for the Reich were sent under guard to Germany, often packed in trains without adequate heat, food, clothing, or sanitary facilities. Other inhabitants of occupied countries were conscripted and compelled to work in their own countries to assist the German war economy. The resources and needs of the occupied countries were completely disregarded in the execution of the said plans and enterprises, as were the family honor and rights of the civilian populations involved. Prisoners of war were assigned to work directly related to war operations, including work in armament factories. The treatment of slave laborers and prisoners of war was based on the principle that they should be fed, sheltered, and treated in such a way as to exploit them to the greatest possible extent at the lowest expenditure.

3. During the period from approximately May 1942 to 1945, the defendant Flick was a member of the Praesidium (governing

board) of the Reichsvereinigung Eisen (commonly referred to as the RVE), an official organization for the regulation of the entire German iron and steel industry. The defendants Burkart and Terberger also held official positions and exercised important functions in the RVE and assisted and advised Flick with respect to RVE matters. This organization, the Praesidium of which was largely composed of leading industrialists of the iron and steel industries, was given wide powers by the government and exercised pervasive influence and authority in these industries. The RVE had wide authority and exercised important functions with respect to the procurement, allocation, use, and treatment of slave labor and prisoners of war. The influence and control which this official organization had over a large sector of German industry, in which vast numbers of such laborers were forced to work, made it an important agency in the administration of the slave-labor program. Flick attended numerous meetings of the Praesidium of the RVE and otherwise participated in the formulation and execution of repressive and cruel policies designed to enslave, procure, and exploit such labor. Flick's influence and control over policies and actions of the RVE were further extended through officials of his companies who also held positions in the RVE and its subsidiary organizations and committees.

In addition, Flick participated in the slave-labor program within the iron and steel industry between September 1939 and April 1945, through his position in and influence on the Wirtschaftsgruppe Eisenschaffende Industrie (Economic Group of the Iron Producing Industry) and its subsidiary organizations and committees.2

1 Upon motion of the prosecution, the Tribunal ordered on 9 July 1947 that this allegation "should be considered a charge of criminal liability on the part of the defendant Flick only, and is not to be considered as constituting an independent charge of criminal activities on the parts of the defendants Burkart and Terberger."

In this section Burkart and Terberger also were charged with participation in the slavelabor program with respect to their positions in the Economic Group Iron Producing Industry. Upon motion of the prosecution, the Tribunal ordered that the indictment be amended so as to dismiss this charge against Burkart and Terberger (Tribunal Order 9 July 1947). Upon motion of the prosecution, the indictment was also amended at this point by a Tribunal order which struck the following two paragraphs from the indictment:

"Flick also participated in the slave-labor program by virtue of his position and activity on the Verwaltungsrat (administrative board) of Berg-und Huettenwerke Ost G.m.b.H. (commonly referred to as the BHO), a government sponsored company established for the purpose of taking over and exploiting mines and iron and steel plants in the U.S.S.R. As part of its activities, this company participated in the program of forced recruitment, enslavement, and deportation of Soviet nationals and prisoners of war to work in Germany, the U.S.S.R. and elsewhere.

"Flick and Burkart also participated in the slave-labor program through their association with the Kleine Kreis ("Small Circle") of the leaders of the Nord-West Gruppe Eisenschaffende Industrie, a group which unofficially exercised substantial control over, and influence on, the iron and steel industry." (Tribunal Order 9 July 1947)