Forfeiture of Assets and Substitute Claim against Company Y.________ AG

Facts

The Office of the Attorney General of the Canton of Zurich filed an appeal against the decision of the High Court of the Canton of Zurich dated July 7, 2009. The High Court had found [X.] guilty of violations of the Federal Act on Lotteries and Commercial Bets, sentenced him to a fine of 7,000 Swiss francs, and partially forfeited the blocked provider shares of 311,284.30 Swiss francs held at Company [Z. AG] , in the amount of 200,000 Swiss francs. A substitute claim against Company [Y. AG] was not ordered.

Considerations

The Federal Supreme Court considered that the net principle should generally be applied in the calculation of the forfeited assets, as these were mere violations of the Lottery Act and the TV game shows in question were not prohibited and punishable already due to their nature or content. The lower…