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Jürg Wernli

Partner
Attorney-at-law, LL.M.

Jürg Wernli has been a s lawyer for more than 30 years. He advises companies and  individuals, mainly in the fields of white collar crime  as well as debt collection and bankruptcy law, and he represents his clients before authorities and courts in Switzerland.

Education and Training

  • CAS (Certificate of Advanced Studies) in Criminal Law, University of St. Gallen HSG / University of Fribourg (2013)
  • LL.M. in International Economic Law, with focus on Contract Law / Arbitration Law, University of Zurich (1998)
  • Master of Law / Advocate (Attorney-at-Law), University of Berne (1986)

Preferred Fields of Work

  • Commercial criminal law (White Collar Crime), Administrative Criminal Law, Criminal Proceedings,
    at the interface with contract and corporate law, tax law and debt enforcement and bankruptcy law
  • Debt Collection and Bankruptcy Law
    Enforcement and warding off claims, planning and support of bankruptcy proceedings

References criminal law cases (extract)

2023 – current

Fraud, Money Laundering

Criminal investigation by the Public Prosecutor’s Office Aargau, based on alleged large scale fraud of investors via online trading-platforms in Europe.

Representation of the accused.

2022 – 2024

Computer Fraud, Forgery

Criminal investigation by the Public Prosecutor’s Office Bern, Business Crime Unit, based on alleged computer fraud, transferring financial assets to the disadvantage of several building syndicates.
Conviction of the accused, forfeiture of real estate, company shares, claims, bank accounts of the convicted and third parties. Assignment of assets to damaged parties to cover the damage.

Representation of building syndicates.

2019 – aktuell

Mismanagement, Fraud, Violation of Covid-19 Guarantee Legislation, Forgery

Criminal investigation by the Public Prosecutor’s Office Bern, Business Crime Unit, based on alleged fraudulently obtaining Covid-19 loans and short-time work compensations for several companies.

Representation of the accused.

2020 – 2024

Bribery, Criminal Mismanagement

Criminal investigation by the Office of the Attorney General of Switzerland against an employee of a company based in Europe; allegation of bribery of foreign public officials and criminal mismanagement in the years 2006 to 2008.

Representation of the accused.

2018 - current

Fraud, Bribery

Criminal investigation by the Zurich Public Prosecutor's Office against several Swiss entrepreneurs; allegations of fraud and bribery in the process of acquisition and sale of companies around the “Raiffeisen Group”.

Representation of an accused.

2013 - current

Bribery

Criminal investigation by the Central Bureau of Investigation, India, against employees of a Swiss technology company on suspicion of bribery in the award of public contracts.

Representation of an accused.

2013 - 2023

Tax Evasion (VAT)

Investigation by the Federal Office of Customs and Border Security against a Swiss art-gallery; allegations of importation of works of art and evasion of VAT (import tax) in the amount of approximately CHF 13 Mio., misuse of transfer procedure.

Representation of the company. Closure of proceedings. No tax payment of the company.

2016 - 2023

Corporate Criminal Liability/Bribery

“SICPA SA, Switzerland”

Criminal investigation by the Swiss Office of the Attorney General against SICPA SA on suspicion of the company's criminal liability in connection with the allegation of bribery of foreign public officials.

Representation of the accused company.

The criminal investigation was concluded in April 2023. A Summary Penalty Order was is-sued against SICPA SA (fine CHF 1 million, compensation claim CHF 80 million).

2019 - 2021

Fraud

Criminal investigation by the Zurich Public Prosecutor's Office against an art dealer on suspicion of fraud/falsification of documents in the sale of works of art, which was allegedly not genuine, to the USA.

Representation of the accused.

2019 – 2021

Money Laundering, Participation in a Criminal Organisation

Criminal investigation by, inter alia, the Swiss Office of the Attorney General against a bank, former employees, and clients of the bank; allegations of money laundering and participation in a Bulgarian criminal organisation in connection with the trafficking of cocaine between South America and Europe.

Representation of an accused.

2018 - 2020

Corporate Criminal Liability/Bribery

Preliminary investigation by the Swiss Office of the Attorney General against a multinational company based in the United States to determine whether there was ground for suspicion for corporate criminal liability due to bribery of foreign public officials.

Representation of the company.

2016 - 2020

Corporate Criminal Liability/Bribery/Money Laundering

“Odebrecht/Petrobras, Brazil”

Criminal investigation by the Office of the Attorney General against employees of a Brazilian construction group; allegations of money laundering etc.

Representation of an accused employee and of two companies, the latter affected by asset forfeiture.

2013 - 2019

Fraud, Criminal Mismanagement, Money Laundering

«Parmalat, Italy»

Criminal investigation by the Office of the Attorney General against a former employee of a bank; allegations of fraud, criminal mismanagement, and money laundering in connection with the bankruptcy of Parmalat S.p.A.

Co-representation of the defendant, advice on procedural matters and concerning statute of limitations.

2017 – 2018

Money Laundering, Bribery

Criminal investigation by the Geneva Public Prosecutor's Office; allegations of money laundering and bribery of foreign public officials in connection with the procurement process of Swiss technology.

Representation of the non-accused Swiss company in the legal assistance procedure.

2011 – 2016

Abuse of Public Office, Bribery

Criminal investigation by the Swiss Office of the Attorney General against former public officials and against employees of subcontracting companies; allegations of abuse of public office, bribery, and forgery of documents in connection with the procurement of IT systems. 

Representation of an accused.

2011 – 2016

Corporate Criminal Liability, Money Laundering

Criminal investigation by the Solothurn Public Prosecutor's Office against Swiss Post; allegations of money laundering and corporate criminal liability in connection with a payment of CHF 5 million in cash, allegedly originated fraudulently.

Appointed by FINMA; representation of the damaged company.

2004 – 2012

Corporate Criminal Liability/Bribery

“Alstom”

Criminal investigation by the Swiss Office of the Attorney General against Alstom Ltd. and Alstom Network (Switzerland) Ltd.; allegations of corporate criminal liability due to bribery of foreign public officials.

Representation of the accused companies.

The criminal investigation was concluded in November 2011. A Summary Penalty Order was issued against Alstom Network (Schweiz) Ltd. (fine of CHF 2.5 Mio., compensation claim of CHF 36.4 Mio.). The criminal investigation against Alstom Ltd. was discontinued with a compensation payment of 1 Mio. to the International Committee of the Red Cross).

2001 – 2009

Support of a Criminal Organisation

“9/11”

Criminal investigation by the Swiss Office of the Attorney General against Mr. Youssef Nada; allegations of participation in and/or support of a criminal organisation being responsible for the attacks of 11 September 2001 in the USA.

Representation of the accused.

The criminal investigation was discontinued in November 2005 following an appeal by the accused to the Federal Criminal Court (BK.2005.2005.4). Proceedings for removal from the national and international sanctions lists followed (BGE 133 II 450). Delisting from the sanctions list in 2009.

Other Activities

Current

  • Member of the Bernese Hunting Examination Commission, Economic, Energy and Environmental Directorate of the Canton of Bern
  • Defence Lawyer Military Court 2 (MilGer 2)

 

Before 2024

2010 – 2023

EXPERTsuisse AG “Law Module” leader for the education,training and examins of Swiss certified tax experts

2009 – 2021

Mandatary on behalf of the bankruptcy office in more than 20 liquidation and composition with proceedings, examination commissioner and liquidator by order of the Swiss financial market authority FINMA in more than 15 liquidations.

1998 – 2005

Examining magistrate military justice

Memberships

  • Swiss Lawyers Association / Bernese Lawyers Association
  • International Bar Association (IBA)
  • Swiss SchKG  (debt collection and bankruptcy)Association
  • Swiss Arbitration Association
  • Swiss Criminological Society

Publications

2024

Transparency: Corporations Caught between a Rock and a Hard Place
in Nadja Capus/Franziska Hohl Zürcher (Edit.)
Negotiated Justice in Transnational Corruption – Between Transparency and Confidentiality
Helbing Lichtenhahn, Basel, CEMAJ, Faculté de droit de l’Université de Neuchâtel, Neuchâtel
ISBN 978-3-7190-4819-8

2022

iusNet: Die Einstellung der Strafuntersuchung gegen Unternehmen nach erfolgter Wiedergutmachung

2020

Kein Deferred Prosecution Agreement im Unternehmensstrafrecht? (Jusletter 5. Oktober 2020), co-author of Déborah Carlson-Burkart, attorney-at-law, LL.M.

2020

IBA (International Bar Association) - Criminal proceedings against companies in Switzerland: still no deferred prosecution agreement

2019

iusNet: Wiedergutmachung in Wirtschaftsstrafsachen gemäss Art. 53 StGB

2019

Jusletter 6. Mai 2019: Strafverfahren gegen Unternehmen

2014

Kommentar zum Bundesgesetz über die Mehrwertsteuer, Basel 2000, Art. 69–71 MWSTG, Betreibung, Sicherstellung, andere Sicherungsmassnahmen
[Commentary to the Federal Law on the Value Added Tax, Basel 2000, Art. 69–71 MWSTG (VAT Act), Collection, Securing and Other Back-up Measures]

2000

Bundesgesetz über Schuldbetreibung und Konkurs, Kurzkommentar Basel 2014, Art. 110–115, Art. 145, privilegierter Pfändungsanschluss, Pfändungsurkunde/Verlustschein, Nachpfändung

 

Speaker at Conferences

2024

University of Zurich, Faculty of Law

Coach seminar «Pleading before Military Tribunal”; Moot Court

Dr. iur. Stefan Flachsmann

2024

Universität Neuenburg

Negotiated justice in transnational corruption - between transparency and confidentiality

Event Universität Neuenburg

Transparency: Corporations caught between a rock and a hard place

2023

Zürcher Anwaltsverband

Non-Trial Resolutions: Paving the Path to Justice

International Bar Association

Current and prospective implementation and use of NTRs in Switzerland and European countries.

2023

Schulthess Forum Wirtschaftsstrafrecht, Zürich

Aktuelle Entwicklungen und Praxisfragen im Wirtschaftsstrafrecht und Strafprozessrecht

Schulthess Forum

Unternehmensstrafbarkeit nach Art. 102 StGB und Art. 7 VStrR

2019

Schulthess Forum Wirtschaftsstrafrecht, Zürich

Aktuelle Entwicklungen und Praxisfragen im Wirtschaftsstrafrecht und Strafprozessrecht

Wiedergutmachung in Wirtschaftsstrafsachen gemäss Art. 53 StGB