An Asset Search In Switzerland
The above information could possibly be used during a divorce to impeach the husband at a deposition about his alleged net worth and assets. The Swiss bank information could also be used to frame a line of questions at a subpoenaed deposition of the nominee. As partly demonstrated by the example of a changed / sanitized letter rogatory to Obergericht des Kantons Zürich, evidence might too be elicited from bank witnesses in Switzerland. Such letters rogatory / legal assistance requests can sometimes play an important role in an asset search, as mentioned at "Asset Search Tips For Divorce & Child Support Cases".
As my local Swiss counsel advises, making a business of parking assets in Switzerland and concealing their beneficial ownership could violate Art. 305bis Swiss Criminal Code: Money Laundering (English Translation). The nominee might therefore also be prone to a Swiss prosecution under Art. 305bis as a security risk, assuming ties to organized crime could be shown. In addition to 305bis, some of the Swiss laws relevant to money laundering and / or hiding assets include:
- the Federal Act on Combating Money Laundering in the Financial Sector: Anti-Money Laundering Act, AMLA (English Translation).
- Art. 305ter Swiss Criminal Code: Insufficient Diligence In Financial Transactions and Right to Report (English Translation).
- Art. 260ter Swiss Criminal Code: Criminal Organizations (English Translation).
- Art. 260quinquies Swiss Criminal Code: Financing Terrorism (English Translation).
- Art. 69 to 72 Swiss Criminal Code: Confiscation (English Translation).
- Art. 102 and 102a Swiss Criminal Code: Corporate Criminal Responsibility (English Translation).
As the foregoing suggests, a number of different legal strategies could be used in connection with the divorcing husband's assets hidden in Switzerland. Enlisting the help of foreign investigators like the above-mentioned former Criminal Intelligence Specialist; retaining local counsel in Switzerland; and prosecuting letters rogatory / legal assistance requests; are however just some of the tools which may be part of an effective asset search in Switzerland.
Copyright 2007-2008 Fred L. Abrams