procedural economy, well and good – but the procedures need to be completed anyway, and by the authority has also started. With this decision, the Federal government prevented the court met in Bellinzona, the Plan of the Federal advocacy (BA), the frozen assets of an investigation for investment fraud to a bankruptcy office for distribution. The decision is in December 2018, but may be released today.

For the Victims in the case of fraud, this is a good and a bad news: The good is a certain degree of legal security. Now that you know what authority you have to negotiate and that they can’t make the case to a different authority. The bad news is that it could delay the disbursement and distribution of the seized assets.

“Switzerland is a constitutional state …”

The German lawyer Oliver Frick, who represents six of the Injured party, the decision of the Federal criminal court as “very pleasing”, but wonders “that it could come so far: Switzerland is a constitutional state, and there was already a Supreme court decision that the Federal government can not bar out and push a procedure just.”

Frick, but also can not say, when his clients will see the money. The BA have called the period up to the withdrawal. Whether the BA has appealed against this decision to appeal and the process is delayed further, it is not currently known.

snow-ball system with 80-million-damage

the case is now ten years old. At that time, a huge plant and flew on fraud. The German-run New York company BCI (Business Capital Investors Corporation) was advertised with a return of 15.5 per cent to investors. Many believed, especially small investors, who wanted to protect their pensions. You walked into the trap.

The supposedly safe Fund turned out to be a Ponzi scheme, money from new investors was paid to the old investors as a return on investment. However, when there are not enough new customers paid off, collapsed the System. The damage is expected to amount to up to 80 million Swiss francs.

Eight person in charge of the BCI, were arrested in Germany before a court and, in 2014, to prison sentences of between one year and ten and a half years the convicted. The money the investors had moved on several borders until it landed on fiduciary accounts in Switzerland. There, the BA, in 2008, seized still of 12.2 million Swiss francs.

“for Years, no decisions were made.”Oliver Frick, a lawyer, six Injured

Actually the case, BCI could be completed so long ago. However, while some of the perpetrators are already back in freedom, to fight their victims still struggling to get out of the in Switzerland, seized millions of small damages. The BA was not exactly cooperative. “For years, nothing happened, no decisions were made,” said lawyer Oliver Frick, who complains about the fact that it is “incredibly difficult to even reach someone at the office of the attorney General”.

In the summer of 2018, the movement finally came, however, in the case. Of course, not the way the were presented to the Injured party. The BA announced that it will transfer the whole of the confiscated assets of the BCI to the betreibungsamt Bern-Mittelland. This Betreibungsamt had collected in 2012, are also entitled to the 12.2 million. It would have distributed the money, just to a lot more persons, whose claims were verified to the part unclear and not in court.

the seizure of assets and then?

This decision was contested by several investors before the Federal criminal court in Bellinzona and got right. The decision of the judges in Bellinzona is a sharp rebuke to the prosecutors, The confiscation of assets belong to “the core task of the criminal courts and Prosecutor’s offices. The principle that procedures should be conveniently carried and rapidly brought to a conclusion, could not be used for “statutory procedure in the first place”.

Easier said: If the prosecutors divestment of assets, then you need to decide what happens to it and who gets it.

The media office of the Federal public Prosecutor’s office refers to the fact that the judgment of the Federal criminal court was not yet final, therefore, could not speak. In a statement to the complaint, the state warned lawyers of the “enormous commitment of resources, as well as a massive extension of the duration of proceedings”, should you need to take care of fed assets.

(editing Tamedia)

Created: 09.01.2019, 15:50 PM