Trial Lucerne criminal court finds former lawyer guilty
The Lucerne Criminal Court has sentenced a former lawyer and notary to a conditional custodial sentence and a fine. The accused had embezzled and laundered funds and used a Covid-19 loan for private expenses and trading.
13.09.2024, 15:25
13.09.2024, 16:15
SDA
The 59-year-old was sentenced on Friday to a conditional custodial sentence of 22 months, a conditional fine of 60 daily rates of CHF 30 and a fine of CHF 2,000. The verdict is final.
The accused embezzled funds intended for real estate gains tax that he had received from clients as a notary three times. In total, he defrauded his clients of CHF 418,000.
In addition, the accused applied for a coronavirus loan of CHF 15,000. Contrary to the contract, however, he used CHF 12,000 of this not to secure the liquidity of his sole proprietorship, but for private purposes. Because he concealed the origin of the funds, he was also guilty of money laundering.
Taciturn
The accused was taciturn in court when questioned about his actions. It was "stupidity" and "stupidity". It was "clear that you shouldn't do something like that".
The trial was held in abbreviated proceedings and therefore without a plea. This was possible because the defendant had admitted to the charges and accepted the sentence requested by the public prosecutor.
However, the single judge described the proposed sentence as "very favorable" but agreed to it. The defense lawyer said that his client had not been able to gain a foothold in society since he had committed the crimes. This was also part of the sentence.
Probation period extended
In return for the lenient sentence, the judge increased the requested probationary period from two to three years. She also justified this with the unstable situation and the unclear future of the accused.
In fact, the defendant, whose authorization to certify as a notary public expired in 2019 and who was removed from the register of lawyers in 2020, has not had a home for several years. He sometimes lives here, sometimes there, he said. He is lucky to have friends with whom he can live and eat.
A forensic psychiatric report, which was quoted in the indictment, speaks of a parasitic lifestyle. The accused avoids gainful employment and relies on the support of others.
Does not need much money
"I can survive like this," said the accused. He does not need a lot of money. He doesn't work, but he does a lot of sport and reads. In a "certain way" he is better off than he was ten years ago.
However, the accused also said that he was "struggling" with his situation. He does not know what his future looks like until he retires, but wants to make a decision on this soon. In response to questions from the judge, it became clear that he finds it difficult to accept help.
One injured party expressed her disappointment with the outcome of the proceedings in court. She has been fighting for her money for years, she said.
