be managed complementarily to achieve the best possible outcome in local proceedings. What advice would you give to private individuals seeking to enforce civil claims in white-collar crime cases? Are there particular steps they can take to strengthen their position, both in Switzerland and internationally? As mentioned earlier, the setup in Switzerland for civil parties who have fallen victim to white-collar crime offers many advantages. Joining the investigation of the public prosecutor provides a wide range of benefits. Public prosecutors – when dealing with genuine criminal actions to the detriment of parties (as opposed to petty financial disputes that belong in regular civil courts) – are generally receptive and appreciative of assistance from civil claimants, who often possess a deeper understanding of the backgrounds and potentially involved parties. Access to the criminal file and review of the evidence gathered (emails and other messages, telephone recordings, bank declare the foreign judgment enforceable in Switzerland, and the judgment creditor may proceed with debt enforcement. If the judgment debtor does not reside in Switzerland, but assets are located there, the claimant may still commence enforcement proceedings based on the foreign judgment. The debt enforcement authorities in the jurisdiction where the asset is located will have jurisdiction for the enforcement proceedings. The absent judgment debtor will be required to appoint a representative (e.g., an attorney) to act as the place of service. Once established, the debt enforcement with recognition of the judgment proceeds as usual. How do you navigate the complexities of cross-border investigations and enforcement, particularly when multiple jurisdictions and legal systems are involved? What role does Switzerland play in fostering these collaborations? White-collar crime investigations often involve multiple jurisdictions. Illicit funds are quickly moved abroad, key witnesses may reside in different countries, and evidence may be located in distant jurisdictions. As a civil complainant, much hope rests on the domestic prosecution authorities, who have the competence to request assistance from overseas authorities via mutual legal assistance. As noted, Switzerland maintains a strong network of international treaties with other states in the area of mutual legal assistance. At the same time, knowledge of and access to overseas expertise in law firms familiar with international financial crime challenges is invaluable for parties who have suffered damages. In many cases, colleagues in other jurisdictions will be aware of additional measures that can be requested in their jurisdiction to safeguard or facilitate the gathering of evidence or securing assets while awaiting the official route pursued by prosecution authorities, or where the prosecution authority might not follow one allegation over another. Given that several countries leave fraud and related claims in the hands of civil complainants, situations may arise where a swift civil measure abroad leads to similar investigative successes as would be achieved in criminal proceedings. Worldwide freezing orders, disclosure obligations, access to company records, and other measures available to claimants in foreign jurisdictions need to 68 LAWYER MONTHLY DECEMBER 2024
RkJQdWJsaXNoZXIy Mjk3Mzkz