Conviction for multiple qualified breach of trust in business management

Facts

The Federal Supreme Court overturns the judgment of the High Court of the Canton of Zurich, which had acquitted the appellant of the charge of multiple qualified breach of trust in business management. The appellant, who was employed by [ACH. AG] , had transferred a total of 11 commission payments from the [A.] London-Branch amounting to a total of CHF 1,463,532.50 to his own accounts between December 2004 and June 2006, instead of passing them on to the actual beneficiaries, the end customers of [ACH.] . The Federal Supreme Court considers this to be a violation of the duty of loyalty towards [ACH.] and thus a fulfillment of the elements of breach of trust in business management pursuant to Art. 158 No. 1 of the Swiss Criminal Code. The matter is remanded to the lower court for assessment of the subjective elements of the offense.

Considerations

The Federal Supreme Court states that the appellant, as an employee of [ACH. AG] , was acting in an asset management function and thus fulfilled the elements of breach of trust in business management pursuant to Art. 158 No. 1 of the Swiss Criminal Code. By not passing on the commission payments received from the [A.] London-Branch to [ACH.] but…