Lawyer Monthly - December 2024

Marcel Frey An Interview with... Emerging Trends in White-Collar Crime and Enforcement in Switzerland 64 LAWYER MONTHLY DECEMBER 2024 Switzerland has become a focal point for white-collar crime investigations in recent years, particularly as the country tightens its prosecution activities and increases societal awareness around financial wrongdoing. With rising cases involving corporate governance and private individuals, legal professionals are adapting their strategies to better enforce civil claims and recover illicitly acquired assets. In this article, Marcel Frey, Counsel at Prager Dreifuss AG, explores the evolving landscape of whitecollar crime in Switzerland, highlighting new trends, key challenges in evidence gathering, and the country’s pivotal role in international judicial assistance. He also discusses the legal avenues for asset recovery and the implications of recent legal changes, offering valuable insights for those navigating this complex field. What emerging trends are you seeing in Switzerland regarding white-collar crime, especially in cases involving private individuals? How have these trends influenced the strategies you use to enforce civil claims? Switzerland has seen a tightening of prosecution activities and a heightened societal awareness of white-collar crime in recent years. Listed companies are increasingly sensitive and stringent regarding their CSR duties, which now also flow into their annual (non-financial) reporting obligations, giving them significantly more visibility. In addition, the post-COVID-19 era, which saw electronic commerce surge, has opened opportunities for tech-savvy fraudsters. Several high-profile cases have come before the courts in recent years, particularly in the corporate governance area. What might have been dismissed as gentlemen’s delicts in the past are now making mainstream news. These activities are increasingly being viewed and pursued as equally odious crimes, justifying strong criminal sanctions, including imprisonment. Cases are being

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