2015-6-1
Nater Dallafior successfully obtains ruling against Swiss Financial Market Supervisory Authority (FINMA)
On 28 April 2015, the Swiss Federal Administrative Court set aside a summons to appear as a witness issued by the Swiss Financial Market Supervisory Authority (FINMA) against a former employee of a Swiss financial institution.
Based on a request of the UK Financial Conduct Authority (FCA) for international administrative assistance in connection with the manipulation of the GBP Libor, FINMA invited the appellant to be heard on a voluntary basis as a person providing information (Auskunftsperson). After the appellant refused to accept FINMA's invitation and asked to be summoned by an appealable order, FINMA subpoenaed him as a witness.
The court ruled that third parties should be interrogated as persons providing information and have, in contrast to witnesses, an absolute right to remain silent. Moreover, they can-not be punished for giving false testimony. Only if the third parties refuse to disclose crucial information or the accuracy of their statements is questionable, they may be summoned as a witness. The court held that the appellant was entitled to request and challenge the summons, and that the exercise of these rights gave no pretext to FINMA to subpoena him as a witness. The appellant was represented by Roberto Dallafior and Patrik Salzman (Decision B-3201/2014).
2020-9-3
Nater Dallafior wins leading cases in international administrative assistance ›
2020-6-16
Nater Dallafior successfully represented a client against M.M. Warburg Bank ›
2020-1-8
Nater Dallafior successfully represented a client in post Swissair grounding proceedings ›
2019-12-9
Nater Dallafior successfully represented a client in officers' liability proceedings ›
2019-4-23
Successful lifting of the account freeze ›
2019-1-10
Carried interest pool ›
2018-6-21
Federal Administrative Court lifts work ban ›
2017-12-15
Nater Dallafior successfully advises Kuwait in controversy with FIFA over worldwide ban ›
2017-5-8
Nater Dallafior achieves landmark decision on FINMA Watch List ›
2015-8-1
Nater Dallafior successfully represents a global IT company in public tender proceedings ›