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Zwirner Law

Swiss Attorney - Debt Bankruptcy & Financial Law

Representative Case Results

Successful outcomes in debt bankruptcy, financial disputes, and compliance matters

Note: Due to client confidentiality, specific details have been modified or redacted. Results represent typical outcomes; individual case results may vary based on specific facts and circumstances.

Internet Fraud Recovery Cases

Major Recovery from Fraudulent Platform

2024 | Asset tracing | Settlement | Debt collection

Situation: Client transferred substantial funds to what appeared to be a legitimate online platform. After initial deposits were withdrawn successfully, the platform became inaccessible and funds were frozen.

Our Action: Immediate asset tracing via financial analysis revealed funds were being transferred through multiple intermediary accounts. We filed emergency court motions for asset freezing, coordinated with FINMA and banking authorities, and initiated negotiations with the platform operators.

Result: Through a combination of legal pressure, regulatory coordination, and direct negotiation, we achieved successful recovery within 6 months. Client received funds in installments as assets were liquidated.

Emergency Injunctive Relief - Funds Protected

2024 | Urgent action | Fraud | Asset protection

Situation: Corporate client discovered that a trusted employee had initiated unauthorized wire transfers to offshore accounts. The funds had been transferred within hours of discovery.

Our Action: We filed an emergency motion for immediate asset freezing within 24 hours, coordinating with Swiss courts. Simultaneously, we pursued criminal referral and worked with banking authorities to freeze the receiving accounts.

Result: Swiss courts granted the freezing order within 48 hours. Coordination with authorities resulted in account seizure. Funds were ultimately recovered and returned to the client.

Investment Fraud Recovery

2023 | Sophisticated fraud | Financial forensics | Bankruptcy proceedings

Situation: Multiple clients invested in what was promoted as a legitimate investment protocol. After substantial capital was raised, the developers disappeared and funds were transferred across multiple accounts and jurisdictions.

Our Action: We coordinated sophisticated financial analysis to track fund movements. Analysis revealed clear patterns of fund dissipation. We pursued litigation against identified parties and coordinated with law enforcement.

Result: Through aggressive enforcement and cooperation with financial institutions, we recovered a significant portion of lost funds. Ongoing proceedings may recover additional assets.

Phishing Attack Recovery

2023 | Phishing | Account compromise | Asset recovery

Situation: Individual received sophisticated phishing email impersonating a legitimate financial platform. The email led to a fake login page that captured their credentials. Attackers quickly transferred substantial funds to multiple accounts.

Our Action: We coordinated immediate financial analysis to trace fund movements, identified several account deposits, and initiated rapid contact with financial institutions to prevent further transfers. We pursued civil litigation and criminal referral simultaneously.

Result: Through quick action, we recovered significant funds before they could be further dissipated. Investigation revealed the coordinated operation, leading to law enforcement involvement.

Financial Disputes & Enforcement Cases

CHF 1.2 Million Recovery from Investment Fraud

2024 | Investment fraud | Fraudulent prospectus | Litigation
CHF 1,200,000 Recovered

Situation: Institutional client was defrauded through a fabricated investment opportunity with falsified financial statements and regulatory approvals. Promoters disappeared after capital was raised.

Our Action: We conducted comprehensive document analysis to prove fraud, identified responsible parties through corporate registry searches, and filed civil litigation. We coordinated with regulatory authorities and pursued both civil and criminal proceedings.

Result: Settlement negotiations resulted in recovery of CHF 1.2 million. Additional criminal proceedings against perpetrators resulted in asset seizure.

USD 680,000 Recovered from Unauthorized Bank Transfers

2023 | Unauthorized transfers | Bank negligence | Settlement
USD 680,000 Recovered

Situation: Customer discovered that a banking employee had transferred substantial funds to personal accounts without authorization over an extended period. The bank's internal controls failed to detect the pattern.

Our Action: We asserted claims against the bank for negligence and breach of banking duty. We filed criminal complaint and coordinated with law enforcement. Through litigation threat and settlement negotiation, we obtained recovery agreement.

Result: Bank settlement resulted in full recovery of USD 680,000 plus coverage of legal costs and damages for delayed response.

EUR 420,000 Collected from Defaulted Commercial Debt

2023 | Debt recovery | Cross-border enforcement | Collection
EUR 420,000 Collected

Situation: Swiss creditor faced non-payment from foreign debtor on substantial outstanding commercial debt with no established payment arrangements.

Our Action: We filed civil litigation in Swiss courts, obtained judgment, and coordinated with foreign counsel for enforcement in debtor's jurisdiction. We identified assets and pursued collection procedures.

Result: Cross-border coordination resulted in asset identification and collection proceedings that recovered EUR 420,000 over 18 months.

AML & Compliance Cases

Comprehensive AML Program Implementation for Financial Platform

2024 | Program design | System implementation | Staff training
Successful Implementation

Situation: Growing financial platform had rudimentary compliance procedures and faced regulatory scrutiny from FINMA regarding inadequate AML/KYC controls.

Our Action: We conducted comprehensive compliance assessment, identified gaps in procedures, designed customized AML/KYC program tailored to platform's business model, implemented customer risk assessment framework, developed transaction monitoring procedures, and coordinated staff training.

Result: Program implementation passed FINMA examination. Regulatory findings were resolved and exchange received favorable compliance assessment. Ongoing optimization continues to strengthen controls.

FINMA Enforcement Response and Compliance Remediation

2023 | Regulatory enforcement | Settlement | Remediation
Successful Settlement

Situation: Fintech platform received FINMA enforcement inquiry regarding alleged deficiencies in AML procedures and suspicious activity reporting. Company faced potential significant penalties and operational restrictions.

Our Action: We coordinated immediate response to regulatory inquiry, prepared comprehensive documentation, engaged in settlement negotiations with FINMA, and developed detailed remediation plan addressing identified deficiencies.

Result: Settlement agreement resulted in manageable penalty and implementation timeline for remediation measures. Ongoing compliance monitoring ensured successful resolution.

Suspicious Activity Reporting (SAR) Coordination and Filing

2023 | SAR procedure | Regulatory coordination | Investigation support
Successful Reporting and Resolution

Situation: Asset manager identified suspicious transaction patterns suggesting potential money laundering activity. Company needed to file SAR with regulatory authorities while protecting client relationships.

Our Action: We analyzed transaction patterns to confirm SAR filing obligation, guided SAR preparation and filing, coordinated with regulatory authorities, and provided guidance on client communication while maintaining confidentiality.

Result: SAR was filed appropriately and investigation was coordinated with law enforcement. Company was recognized for proactive compliance posture.

Areas of Demonstrated Expertise

Internet Fraud Recovery Expertise

  • Financial analysis and fund tracing
  • Platform coordination and negotiation
  • Emergency relief and asset freezing
  • Investment fraud investigation
  • Multi-account asset tracking
  • Regulatory coordination

Financial Dispute Resolution

  • Banking dispute litigation
  • Fraud investigation and proof
  • Cross-border enforcement
  • Settlement negotiation
  • Judgment collection procedures
  • International coordination

Compliance Expertise

  • AML/KYC program design
  • Regulatory compliance review
  • FINMA coordination
  • Policy and procedure documentation
  • Staff training coordination
  • Enforcement response

Jurisdictions & Coordination

  • Swiss litigation and enforcement
  • Regulatory coordination
  • Banking coordination
  • Counsel coordination
  • Legal proceedings
  • Regulatory compliance

Compliance & Reporting Protocol

Every mandate is delivered with governance artifacts that withstand scrutiny from banks, regulators, auditors, and foreign courts.

Regulatory Interfaces

  • FINMA correspondence files and response matrices
  • SchKG enforcement calendars with filing proofs
  • Structured briefs referencing Fedlex citations

Cross-Border Documentation

  • HCCH-compliant service packages and apostilles
  • Translations certified for EU and U.S. proceedings
  • Evidence chains suitable for MLAT and Europol requests

Client Assurance

  • Quarterly status memoranda for boards and investment committees
  • Cost tracking tied to budgeting standards (IFRS / Swiss GAAP FER)
  • Post-matter reviews capturing regulatory feedback and settlements

Your Case May Be Next

These results represent what we can achieve with aggressive representation and strategic legal action. Contact us to discuss how we can help your situation.

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