The Police Court of the Sense District (canton of Fribourg) has ruled that the conduct of a bank employee in making a cash payment of CHF 30,000 was lawful and in line with her duty. The public prosecutor had accused the bank employee of money laundering as a result of this payment. They had alleged that she must have known that the circumstances surrounding this payment would have pointed toward money laundering.

Her defence attorney, > Marcel Aellen of Bratschi Wiederkehr & Buob, refuted this view and requested an acquittal for the bank employee at the trial. The withdrawal or transfer of an amount that has just been paid in is insufficient grounds in and of itself to suspect a money laundering transaction that could potentially be liable for legal prosecution. Otherwise it is likely that thousands upon thousands of cash withdrawals and transfers would have to be investigated every day. In reality, there must be further evidence. There was no such evidence in this case. From a subjective point of view, it was also clear that the bank employee had neither the intention nor the recklessness to thwart any investigations in connection with money laundering, as stipulated in Art. 305bis of the Swiss Criminal Code.

The judge shared this view and acquitted the bank employee. He ruled out any possibility of her having committed a crime in recklessness. There were no clues to suggest that she should not have made the payment. The public prosecutor did not submit an appeal within the statutory deadline of ten days, meaning the acquittal is legally valid.Media release (German)
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