LALIVE partner Simone Nadelhofer quoted in Finews and Handelszeitung as two companies face federal criminal court for the first time in Switzerland28 September 2021
For the first time in Switzerland, two companies are going to the criminal court for corporate wrong-doing: The Falcon Private Bank and Credit Suisse. LALIVE partner and white collar crime expert Simone Nadelhofer explains in Finews and Handelszeitung that “this is an event with a signal effect”, as “there have been some convictions of companies by law enforcement agencies, but no convictions by a court”. According to her, “if the court convicts Falcon, other companies in similar cases may refrain from taking their case further. If, on the other hand, the court acquits Falcon, this could be an incentive to move forward with sentencing orders based on Article 102 paragraph 2 SCC in the future”.
“The outcomes of Falcon’s and Credit Suisse’s criminal trials are meaningful in a wider sense”, in Simone Nadelhofer’s opinion. “Some legal questions around corporate criminal liability remain unanswered and the legal community would welcome clarity from Switzerland’s court system on legal practice with corporate crime”. “The question is whether you want to be the first company to fight charges and set a legal precedent for others.”
Zurich litigation partner Simone Nadelhofer specialises in white collar crime and regulatory investigations and advises clients on crisis management, compliance and remedial action. She is regularly retained by corporate clients in cross-border investigations by Swiss and foreign authorities, including U.S. authorities, and leads large-scale internal investigations.See all news