The Institutionalization of the Fight against White-Collar Crime in Switzerland, 1970-1990

Overview & Synopsis

During the 1970s and 1980s, economic and financial crime turned into a societal issue in Switzerland. The perpetrators of white-collar crime often enjoyed total impunity: legal proceedings were very time consuming, authorities in charge of judicial investigation were under-resourced. This paper investigates how the political and judicial authorities responded to this challenge. By the end of the 1980s, a strong shift towards a more specialized handling of financial crime by public prosecutors occurred. Specialized departments were set up and judges were trained in commercial matters. This transformation breached with a long tradition of leniency and inefficient judicial handling of economic crime. Based on archival evidence, this paper sheds new light on the drivers of an institutionalization process which affected not only the Swiss financial centre, but also all the global judicial proceedings which relied on it. Professionalizing the response to financial crime also aimed at restoring the corporate reputation of Swiss financial firms, in a context of growing competition among offshore financial centers. Secrecy and subterfuge are the white collar criminal's best friends. The surest invitation to illegal conduct that man can devise is a hidden conduit for transmission of funds safe from the eyes of law enforcement officials. That is exactly what secret foreign bank accounts do. Although such accounts may be used with perfect innocence by some depositors, they are too tempting a lure for the tax evader, the securities swindler, the corrupter of public employees, the fraud and the cheat. The 'little tin box' of the 1930's has been replaced by the Swiss bank account of the 1970's.