COUNT FIVE

21. The defendant Steinbrinck is charged with membership, subsequent to 1 September 1939, in the Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the "SS"), declared to be criminal by the International Military Tribunal, and paragraph 1 (d) of Article II of Control Council Law No. 10.

Wherefore, this Indictment is filed with the Secretary General of the Military Tribunals and the charges herein made against the above-named defendants are hereby presented to the Military Tribunals.

[Signed]

TELFORD TAYLOR

Brigadier General, USA

Chief of Counsel for War Crimes
Acting on Behalf of the United States

Nuernberg 18 March 1947

of America

APPENDIX A

The term "Flick Concern", as used in this indictment refers to the business enterprises controlled, influenced, and in substance largely owned, by Friedrich Flick. Many additions and changes took place during the years 1933 to 1945, both in the physical plants included in the concern and in the legal structure in which they were contained. Corporate reorganizations within the concern were almost constantly in progress. From 1940 to 1945 the general nature of the corporate structure was not fundamentally changed, although certain changes took place in intercorporate stockholdings and companies were added to operate plants in occupied territories.

The Flick Concern constituted the largest privately owned and controlled enterprise in Germany for the production of iron, steel products, and armaments. It was surpassed in productive capacity in the industry only by the state-owned Hermann Goering Works and by Vereinigte Stahlwerke A.G. (United Steel Works), in which the government held a substantial interest. The concern owned and operated soft [brown] coal, hard [soft] coal, and iron mines;* blast furnaces and smelting, coking, and chemical plants, including plants for production of synthetic fuel, rolling mills, and fabricating plants for manufacture of finished products, such as ammunition, armor plate, gun carriages, armored cars and trucks, and other Panzer materials; airplanes and airplane parts; and railroad cars, parts, and locomotives.

From at least 1937 until April 1945, the Flick Concern was largely owned, directly or indirectly, by a parent holding company known as Friedrich Flick Kommanditgesellschaft (FKG), a limited partnership of which Friedrich Flick was the only personally liable partner. At first, Flick was the sole owner of FKG. In form most of the ownership of FKG was subsequently transferred to Flick's sons, but it was in substance treated by Flick as his own property, and, as the only general partner, he was in complete control of FKG at all times from 1937 to 1945. The most important of the companies of the Flick Concern are listed below. Unless otherwise indicated, Flick interests owned a majority of the stock of each. Their designation as companies in the form of A.G. or G.m.b.H. (both of which designations describe limited liability companies) is not exclusive; several of the companies were changed from one form to the other.

The Flick Concern comprised, among other interests, the following:

Concerning the usage of "soft coal" and "hard coal" in the trial, see footnote to paragraph 15 of the indictment, this section.

II. ARRAIGNMENT1

Official transcript of the American Military Tribunal in the matter of the United States of America against Friedrich Flick, et al., defendants, sitting at Nuernberg, Germany, on 19 April 1947, 0930, Justice Sears presiding.2

THE MARSHAL: The Honorable, the Judges of Military Tribunal IV.

Military Tribunal IV is now in session.

God save the United States of America and this honorable Tribunal.

There will be order in the courtroom.

PRESIDING JUDGE SEARS: Military Tribunal IV will come to

order.

The Tribunal will now proceed with the arraignment of the defendants in Case 5 pending before this Tribunal.

Mr. Secretary General, will you call the roll of the defendants. (The Secretary General then called the roll of the defendants: Friedrich Flick, Otto Steinbrinck, Odilo Burkart, Konrad Kaletsch, Bernhard Weiss, Hermann Terberger.)

THE SECRETARY GENERAL: May this Honorable Tribunal please, the defendants are all present and in the dock.

PRESIDING JUDGE SEARS: Mr. Secretary General, will you call the defendants one by one for arraignment.

THE SECRETARY GENERAL: Defendant Friedrich Flick.

PRESIDING JUDGE SEARS: Defendant Friedrich Flick, have you counsel?

DEFENDANT FLICK: Yes.

Q. Has the indictment in the German language been served upon you at least 30 days ago?

A. Yes.

Q. Have you had an opportunity to read the indictment?
A. Yes.

Q. Have you read the indictment?

A. Yes.

Q. Defendant Friedrich Flick, how do you plead to this indictment, guilty or not guilty?

A. Not guilty.

1 Tr. pp. 31-34, 19 April 1947.

This caption, with the necessary changes in dates and time, appeared at the top of the first page of the transcript for each day of the proceedings. It will be omitted from all extracts of the transcript reproduced hereinafter.

Q. You may be seated.

THE SECRETARY GENERAL: Defendant Otto Steinbrinck.

PRESIDING JUDGE SEARS: Defendant Otto Steinbrinck, have you counsel?

DEFENDANT STEINBRINCK: Yes.

Q. Has the indictment in the German language been served upon you at least 30 days ago?

A. Yes.

Q. Have you had the opportunity to read the indictment? A. Yes.

Q. Have you read the indictment?

A. Yes, I have read it.

Q. Defendant Otto Steinbrinck, how do you plead to this indictment, guilty or not guilty?

A. I plead not guilty.

Q. You may be seated.

THE SECRETARY GENERAL: Defendant Odilo Burkart.

PRESIDING JUDGE SEARS: Defendant Odilo Burkart, have you counsel?

DEFENDANT BURKART: Yes.

Q. Has the indictment in the German language been served upon you at least 30 days ago?

A. Yes.

Q. Have you had an opportunity to read the indictment?
A. I have read it.

Q. Defendant Odilo Burkart, how do you plead to this indictment, guilty or not guilty?

A. Not guilty.

Q. Be seated.

THE SECRETARY GENERAL: Defendant Konrad Kaletsch. PRESIDING JUDGE SEARS: Defendant Konrad Kaletsch, have you counsel?

DEFENDANT KALETSCH: Yes.

Q. Has the indictment in the German language been served upon you at least 30 days ago?

A. Yes.

Q. Have you had opportunity to read the indictment?

A. Yes.

Q. And have you read the indictment?

A. Yes.

Q. Defendant Konrad Kaletsch, how do you plead to this indictment, guilty or not guilty?

A. I am not guilty.

Q. Be seated.

THE SECRETARY GENERAL: Defendant Bernhard Weiss.