Asset Recovery and Asset Repatriation
Following fraud, embezzlement, or corruption, assets obtained through criminal activity are often held in various accounts, with different companies, or in multiple countries. Recovering these assets requires that they be identified, secured in a timely manner, and that the legal requirements for their restitution be clarified.
LENLAW assists individuals, companies, governments, and government institutions that have suffered losses in securing and repatriating assets related to Switzerland. We examine the options available under criminal law, mutual legal assistance law, and civil law, and develop a strategy tailored to each specific case.
Identify and Secure Assets
Successful asset recovery begins with determining where the assets are located and how they can be secured.
We can assist you, in particular, with:
- the analysis of cash flows and existing bank and business records
- the identification of assets and relevant evidence related to Switzerland
- the application for and supervision of pretrial protective measures
- the coordination of cross-border investigative and mutual legal assistance measures with foreign legal representatives and authorities
Right from the start, we assess what legal options are available and whether recovery seems realistic given the information at hand and the expected effort involved.
Asset Forfeiture and Repatriation
Securing assets is often only the first step. Whether and how these assets can subsequently be returned to the victims depends on the specific proceedings and the rights of the parties involved.
We assist our clients in asserting their claims in Swiss criminal proceedings and examine the options for restitution, forfeiture, and the use of forfeited assets for the benefit of victims.
In cross-border cases, we also take into account the possibilities for international legal assistance and, where appropriate, supplementary civil proceedings.
Asset Recovery for Countries That Have Suffered Losses
States can lose significant assets due to corruption, embezzlement of public funds, and other economic crimes. If such funds are transferred through Swiss financial institutions or held in Switzerland, various legal avenues may be pursued to secure them and repatriate them.
We advise and represent states and government institutions in identifying relevant assets, compiling evidence, and preparing for international mutual legal assistance proceedings. Provided that the legal requirements are met, we also represent their interests as private plaintiffs in Swiss criminal proceedings.
In doing so, we take into account the various options available under international mutual legal assistance, Swiss criminal prosecution, and, where applicable, other legal instruments for the recovery of unlawfully acquired assets.
Publications and Insights
Asset Recovery in Switzerland – Support for Affected Countries
Countries, too, can suffer significant financial losses as a result of corruption and other economic crimes. This article highlights the legal options available to affected countries in Switzerland and explains how these can be used to secure and repatriate assets.
Cyber Fraud: Possibilities and Limitations of Asset Recovery
What steps should victims take after falling victim to fraud? And when are there realistic chances of recovering lost assets? This article explains the most important immediate steps to take and the legal options for recovery.
The Restitution of Ill-Gotten Assets: An Analysis of the Swiss Approach
What tools does Swiss law provide for the recovery of unlawfully acquired assets? In an academic book chapter, Nadja Capus and Stefan Mbiyavanga examine the possibilities and limitations of international mutual legal assistance, criminal forfeiture, and the special legal provisions governing assets of foreign politically exposed persons.
The Restitution of Ill-Gotten Assets: An Analysis of the Swiss Approach
What tools does Swiss law provide for the recovery of unlawfully acquired assets? In an academic book chapter, Nadja Capus and Stefan Mbiyavanga examine the possibilities and limitations of international mutual legal assistance, criminal forfeiture, and the special legal provisions governing assets of foreign politically exposed persons.
More about the publication (English)
The Confiscation of Assets in Cases of Transnational Corporate Bribery
How are proceeds from bribery by internationally active companies confiscated in Switzerland? This article by Nadja Capus and Stefan Mbiyavanga examines the confiscation practices of the Office of the Attorney General of Switzerland and the options for using confiscated assets to benefit victims.
Contact Person
Our attorneys have experience in securing, seizing, and repatriating assets in both domestic and international proceedings.
Contact
Do you need legal assistance with a criminal, white-collar crime, or international case? We’ll review your situation and discuss with you how we can advise or represent you.