Anne Valérie Julen Berthod

Bär & Karrer Ltd

Geneva www.baerkarrer.ch

anne.julen@baerkarrer.ch Tel: +41 58 261 57 50

Biography

Anne Valérie Julen Berthod is counsel in Bär & Karrer’s white-collar crime/ internal investigation practice group. She is specialised in complex tax and financial crime proceedings, asset recovery and compliance (AMLA) matters. She is also very active in international legal assistance. She practises business crime defence and financial litigation before both Swiss courts and in cross-border proceedings. She is praised for her excellent interpersonal and negotiation skills with clients and authorities.

How are things different now in the field of business crime defence to when you were starting out?

The profession has been strongly feminised with the rise of women to high positions in many companies and on boards of directors. The success in court of many brilliant women lawyers and their greater visibility has contributed to this feminisation.

Women can bring a different approach in terms of fighting spirit and persuasion that are an advantage when approaching the authorities or when arguing a case in court.

What do clients look for when selecting their counsel?

The most important thing for a lawyer is to anticipate the clients’ needs, which is why it is imperative to take an interest in its business and its specificities. In addition to the specific knowledge that is expected, responsiveness and the search for solutions adapted to the particular concerns of the client and his future business development are essential. Finally, it is important that a lawyer can think “outside the box”.

How useful have videoconferencing tools been in criminal proceedings due to the challenges brought on by the coronavirus pandemic?

This tool provided by Swiss legislation has not been used often in the criminal field and this is a good thing in my opinion. The defence of the clients’ rights in criminal proceedings requires the ability to take part in person in the hearings, to appreciate the context, to grasp the nuances in the behaviour of the people present, whether it be the court, the lawyers or the opposing parties, which is impossible with videoconferencing. The UK introduced unexplained wealth orders (UWOs) in 2018. How do you think they could be used in mutual assistance proceedings?

Several states are considering the adoption of a tool such as the UWO in order to more effectively combat corruption among their political elites and relatives or the laundering of criminal assets.

In view of its strong financial centre and stable political system, Switzerland may be chosen as a safe haven by persons suspected of being involved in serious crimes that may be subject to a UWO. If the UK prosecution authorities are considering taking evidence or seizing assets linked to such persons in Switzerland, as UK law permits, they could submit requests for mutual assistance to the Swiss enforcement authorities in this regard.

How has the criminalisation of tax offences become increasingly relevant in Europe?

We are seeing a growing number of criminal tax proceedings, in Switzerland especially in the area of federal taxes, as the Federal Tax Administration has set up a specialised department equipped to investigate and prosecute such cases. The procedure is conducted by the administration unless the defendant asks to be tried by a court. The penal consequences for the convicted person can be severe, in terms of sanctions and publicity, and should certainly not be minimised on the grounds that it is “only” a tax matter.

What challenges do sports corporations face with increasing criminalised offences in global sports becoming the norm?

Sports organisations must learn to cooperate with the criminal prosecution authorities because, while they have the means to discipline violations of their code of conduct, they do not have coercive means. In order to interrogate, search and seize evidence and fight corruption in sport, they must cooperate with state authorities. The match-fixing cases are an excellent example of this collaboration, which is also encouraged by legislators.

What are the main challenges for enforcement agencies in your jurisdiction?

Switzerland remains one of the leading financial centres for cross-border asset management and continues to be highly exposed to the laundering of criminal assets. The Swiss authorities do not have the resources to prosecute offences committed mainly abroad, where the defendants are resident abroad and where only the profit is concealed in Switzerland. For this reason, they focus primarily on the confiscation of assets of criminal origin.

In which direction would you like to steer your practice in the next five years?

I will strive to contribute to the advancement of women in the very exclusive and conservative world of the Swiss legal profession to ensure that in the same way as in the UK, the appointment of women to senior positions in Swiss law firms becomes the norm.

I will also use my experience as a criminal lawyer in all areas of administrative criminal law where the state prosecutes and punishes without respecting the fundamental rules of the European Convention for the protection of human rights and fundamental freedoms.

WWL says: Anne Valérie Julen Berthod is “a hands-on and client-friendly practitioner” who comes highly recommended for her expertise in cross-border asset recovery matters.