An article from Baldi & Caratsch on 23 October said that new case law in the field of asset recovery comes to the aid of victims of financial crime. It reports that the Swiss Federal Supreme Court has held that the victims of fraud and other financial crimes have a claim to compensation not just against the author of the predicate crime, but also against the money launderer whose acts thwarted the state’s possibilities to confiscate and return the ill-gotten funds to the victim. The article says that the new case law is likely to lead to an increase in legal claims against banks and other providers of auxiliary services used by fraudsters, as it introduces a more reasonable burden to prove their ancillary liability.
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