Control Council Directive No. 38 (October 12, 1946)

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II. Profiteers are in particular the following persons, insofar as they are not major offenders:
1. Anyone who, solely on account of his membership in the NSDAP, obtained an office or a position or was preferentially promoted therein;
2. Anyone who received substantial donations from the NSDAP or its formations or affiliated organizations;
3. Anyone who obtained or strove for advantages for himself or others at the expense of those who were persecuted on political, religious or racial grounds, directly or indirectly, especially in connection with appropriations, forced sales, or similar transactions;
4. Anyone who made disproportionately high profits in armament or war transactions;
5. Anyone who unjustly enriched himself in connection with the administration of formerly occupied territories.

D. In Part II of Appendix ‘A’ a list of categories of persons is given who, because of the character of the crimes allegedly committed by them, shown in this Article, paragraphs A, B and C, will be carefully investigated and, if the results of the investigation necessitate a trial, must be brought to trial as offenders and punished if found guilty.

ARTICLE 4
Lesser Offenders (Probationers)

I. A lesser offender is:
1. Anyone including former members of the Armed Forces who otherwise belongs to the groups of Offenders but because of special circumstances seems worthy of a milder judgment and can be expected according to his character to fulfil his duties as a citizen of a peaceful democratic state after he has proved himself in a period of probation;
2. Anyone who otherwise belongs to the group of followers but because of his conduct and in view of his character will first have to prove himself.

II. A lesser offender is more particularly:
1. Anyone who, born after the first day of January 1919, does not belong to the group of major offenders, but seems to be an offender, without however having manifested despicable or brutal conduct and who can be expected in view of his character to prove himself;