Unexplained wealth is not proof of money laundering
Cash, an expensive car or a deposit without a paper trail: the OM is quick to infer money laundering from this. But a suspicion is not proof.
What money laundering is legally
Money laundering (art. 420bis) is the concealing or using of assets derived from crime. There are variants: intentional, negligent and habitual money laundering, each with its own sentence.
The criminal origin is crucial. Without a demonstrable predicate offence, the case turns on whether a lawful origin can reasonably be ruled out.
The suspicion and your explanation
The case law works with a step-by-step scheme: if there is a suspicion of money laundering, a concrete, verifiable explanation of the origin may be expected from you. That explanation must come at the right moment — not too early, not too late.
We help you give that explanation with substantiation and prevent an unfortunate first statement from working against you later.
Concealing, acquiring and the simple variant
The law distinguishes the concealing of origin from merely having in one’s possession money obtained from one’s own crime. For the latter a limitation applies: without a concealing act there is often no independent money laundering.
We test whether the conduct actually falls under the charged variant — that regularly makes the difference.
Cash statement and financial investigation
The OM often substantiates money laundering with a cash statement or wealth comparison. Those calculations lean on assumptions about income and expenditure and regularly contain errors.
We have the financial investigation recalculated and expose incorrect assumptions and double counts.
Lifting a seizure with a complaint
If a seizure has been placed on money, a car or your home, we file a complaint (art. 552a Sv) with the District Court to have the seizure lifted or limited.
That way, where possible, you regain the use of your property while the case is ongoing.
Sentence, confiscation and future
In addition to a sentence, money laundering almost always leads to a confiscation claim. Habitual money laundering also carries a higher sentence, and a conviction affects your VOG and financial position.
We defend on the criminal case, the classification and the confiscation, and steer towards the outcome that burdens your future least.
When to call us
- A seizure has been placed on money, a car or a home
- The bank has reported an unusual transaction or blocked your account
- You are being questioned about the origin of your wealth
- Money laundering is on the summons, alone or alongside another offence
- A confiscation claim has been announced
- You are being designated as a money mule
Frequently asked questions
Must I explain where my money comes from?
If the OM substantiates a justified suspicion of money laundering, a concrete and verifiable explanation may be expected from you. When and how you give it determines a great deal. Consult us first.
No predicate offence has been proven. Can I still be convicted?
Even without an identifiable predicate offence, money laundering can be found if a lawful origin can reasonably be ruled out. That is precisely where we contest the OM’s reasoning.
What can I do about the seizure?
We file a complaint (art. 552a Sv) with the District Court to have the seizure lifted or limited, so that you can again use your property.
What is habitual money laundering?
That is repeated or systematic money laundering, with a higher sentence. We contest that classification where it concerns isolated acts.
I only had money of my own. Is that already money laundering?
For money obtained from one’s own crime, merely having it in one’s possession without a concealing act often does not constitute independent money laundering. We test whether your conduct actually falls under the charge.
My account was used by someone else. What now?
Then the question is whether you knew or should have known what was happening, and whether you are yourself a victim or a money mule. We investigate the factual circumstances.
Is the OM’s calculation correct?
Often not. Cash statements contain assumptions and double counts. We have the financial investigation recalculated and contest incorrect items.
Does this affect my VOG and work?
A money laundering conviction weighs heavily, particularly for financial positions. We keep that interest in view from the outset.