22 December 2024 I Guide
Trends and Developments
The article discusses trends and developments in white-collar crime in Switzerland, focusing particularly on internal investigations within financial institutions and their legal implications. It highlights the tension between the duty to cooperate with the financial regulator FINMA and the nemo tenetur principle (the right against self-incrimination). Additionally, it analyzes the scope of attorney-client privilege, noting that this protection does not extend to information voluntarily shared with third parties, such as FINMA. Two recent Swiss Federal Supreme Court rulings clarify these issues, emphasizing the risks and limitations of attorney-client privilege and the challenges in cooperating with regulatory authorities.