Facts
The appellant [W.] was the Head of the Real Estate Division at the Swiss National Accident Insurance Fund (SUVA) and was responsible for the sale of eight properties in Ticino and German-speaking Switzerland. He had the market values of the properties significantly underestimated by an external appraiser and then proposed to the responsible Real Estate Investment Committee (IAA) that the properties be sold at these minimum prices. The properties were subsequently sold exclusively to companies in which the appellant himself had an interest. In connection with these sales, the appellant received a total of over 1 million Swiss francs from the buyers, which he kept for himself.
The Federal Criminal Court subsequently convicted the appellant of bribery, multiple instances of breach of official duty, and forgery of documents, and sentenced him to a custodial sentence of 3 1/2 years and a fine of 90 daily rates of 150 Swiss francs.
Considerations
The Federal Supreme Court upholds the conviction of the appellant. Although the appellant, as Head of the Real Estate Division at SUVA, did not have formal decision-making powers, he was able to significantly influence the decisions of the IAA due to his position and expertise. By proposing to the IAA low minimum sale prices based on manipulated market value…