The Federal criminal court will have to once again deal with the question of whether the administration of the President of the Swiss partners Investment Network AG acted illegally, as he handed over without a permit from the Swiss authorities customer data to the US tax authority. The Federal court has upheld a complaint by the U.S. attorney’s office.
The Federal criminal court Martin Egli acquitted in may of the allegation of the prohibited acts for a foreign state. The man had passed on in 2013, a lawyer data from 109 customers to the US tax authorities. So he wanted to clean up the Situation for the company Swiss-partner in the tax dispute with the USA. The Federal criminal court denied in its judgment, the intent and language free Egli. This was before his trip to the United States two opinions to create. This illuminated the legality of a data transfer without the consent of the Swiss authorities.
No mistake
The Federal court has now held in a published ruling, the Chairman of the Board could not rely on a so-called mistake of law – i.e., that he was expected to do nothing that’s forbidden.
Rather, the Creating of the two opinions according to the Federal court, that Egli was aware of this, to move in a grey zone. Also, the report would have the possibility of an offence cannot be completely ruled out. For this reason, the Board of Directors, the President, who is himself a lawyer, had not been able to trust, the fact that he is acting correctly.
The Federal court has taken the case to the Federal criminal court rejected. This must decide whether the Transfer of the customer data in an unlawful and culpable action. It is the presumption of innocence still applies. (sda)
Created: 19.12.2018, 12:02 PM
