Attorney General of Switzerland
2012 – 2020
In 2012, the Federal Assembly of Switzerland elected me Attorney General, and thus the head of an authority that had become legally independent of the Swiss government. The Attorney General’s office had recently been subject to a great deal of turbulence, and my election raised great hopes for reorganisation. The office also had to counter criticism that its proceedings were taking far too long. Guided by the principle that “structure follows strategy”, I pursued reorganisation step by step. Together with my team, we focused on combating white-collar crime. During my time in office, the Attorney General’s office temporarily blocked assets in connection with criminal proceedings worth over seven billion Swiss francs. I placed special emphasis on international cooperation and sought new solutions in corporate criminal law.
Internationally renowned cases, such as Petrobras/Odebrecht, 1MDB, Gunvor, Uzbekistan and World Soccer, deserve mention as part of this new emphasis. Such litigation required close strategic cooperation with the U.S., Singapore, Luxembourg, Malaysia, Uzbekistan, France, The Netherlands, Hong Kong, Cyprus, Sweden, South Africa, Russia, Brazil, and other jurisdictions, on both conceptual and tactical matters. The experience led me to initiate legal changes leading to a Swiss deferred prosecution agreement (DPA).
In the fight against terrorism, we were able for the first time to exchange information with the U.S. as part of a joint investigation team (JIT).
New challenges arose in close cooperation with the Swiss cantons, particularly in cybercrime. I always maintained a close relationship with inter-cantonal bodies, such as the Conference of Cantonal Justice and Police Directors (KKJPD), and played a key role in shaping digitalisation projects for the Swiss judicial system.
We faced intercultural challenges in connection with the criminal prosecution of the so-called “Arab Spring” in the strategic handling of cases involving Egypt and Tunisia. As a member of the Executive Committee (ExCo) of the International Association of Prosecutors (IAP), I campaigned internationally for the independence and impartiality of criminal prosecution, compliance with the principles of rule of law, and dialogue with civil society. The separation of the Attorney General’s office from the executive branch meant that I was able to represent Switzerland in dealings with various foreign ministers of justice, the ex-officio heads of the prosecutorial services in their jurisdictions.
During my term in office, I worked with the Swiss Bar Association (SAV-FSA) and cantonal professional associations to develop a Code of Conduct.
Towards the end of my second term in office, and particularly in 2020, after I had been re-elected a second time, accusations were made by third parties against my conduct and my personal integrity in connection with the world football case. The media coverage and political exploitation of the accusations ultimately made it impossible for me to continue in office and prompted my resignation. In retrospect, I should not have been surprised by the vehemence. On one hand, this was due to the exaggerated importance typically placed in the Attorney General’s office in Switzerland, which means that criticism of the person in charge, and of their conduct in office, tends to make waves. And on the other hand, over the years, an Attorney General inevitably arouses opposition and hostility, especially in the world of white-collar crime.
The case against me in connection with these allegations was closed in 2023. However, true to its nature, the media spent incomparably less time on the termination of the proceedings than on the original, unfounded allegations. My take-away from the period is invaluable practical knowledge about the role of the media and the political world in regard to criminal proceedings.