Facts
The Federal Supreme Court consolidates two proceedings (6B_604/2022 and 6B_618/2022) as they are closely related in subject matter. The appeals of the accused [A.] and [B.B.] against the judgment of the Court of Appeal of the Canton of Basel-Stadt of November 2, 2021 are upheld, to the extent that they are admissible.
The Court of Appeal had found [A.] and [B.B.] guilty of qualified money laundering and multiple counts of qualified breach of trust in business management to the detriment of [D.] Ltd. The Federal Supreme Court annuls these convictions and remands the case to the lower court for a new assessment.
Considerations
Regarding the allegation of money laundering, the Federal Supreme Court finds that the contested decision does not explain why the funds transferred to the account of [D.] Ltd. by the insurance companies [K.] and [N.] should originate from a felony within the meaning of Art. 305bis of the Swiss Criminal Code. The lower court has not convincingly demonstrated the intent to enrich oneself on the part of the persons acting for the insurance companies.
Regarding the breach of trust in business management, the Federal Supreme Court criticizes that the lower court wrongly assessed the duties of the accused towards [D.] Ltd. according to Swiss corporate law. Since [D.] Ltd. was an English shell company without a…