Criminal organization active in Switzerland: charges brought against an Italian citizen residing in the Canton of Aargau

Extensive and thorough investigations carried out by fedpol as part of the criminal proceedings conducted by the Office of the Attorney General of Switzerland (OAG) have established the presence on Swiss territory of the mafia-type criminal organization known as the 'Ndrangheta, with its nerve center in Calabria and active internationally, as well as the accused’s membership of and support for this organisation.

Mafia-type criminal organization known as the 'Ndrangheta, Anello-Fruci clan

According to the indictment filed by the OAG, the accused is alleged to have operated in Swiss territory as an affiliate and as a reference person for the development of the interests of the Anello-Fruci clan, whose existence and formation have been confirmed by final convictions in Italy. From at least the beginning of 2001 until July 2020, through sustained and uninterrupted conduct, the accused is alleged to have consciously participated in its criminal activity.

The 58-year-old is alleged to have maintained close relations, in particular with its leaders, offering them full availability, both personal and of persons close to him, in the execution of illegal and legal conduct aimed at contributing to the achievement of the illegal and legal, financial and personal ends of the criminal organization. In this context, he allegedly carried out, or had carried out, orders issued by the clan’s leaders, providing the latter and its members with logistical support. The accused is also alleged to have transferred cash from Switzerland to Italy, also through third parties, after having carried out currency exchange transactions in Switzerland involving money destined in part or entirely for the criminal organization’s coffers. In favour of the criminal organization, he is also alleged to have acted as an intermediary in Switzerland for the trafficking of drugs, promoted the illegal trafficking of weapons and ammunition, recruited persons to carry out activities, and concealed assets under the clan’s control. The accused is also alleged to have intentionally initiated negotiations aimed at frustrating the identification of the origin, the tracing or the forfeiture of assets, knowing or having to assume that they originated from a felony. The 58-year-old is alleged to have used the mafia method, exercising conduct marked by domination and psychological coercion, exploiting the intimidating power of the criminal organization capable of the most heinous crimes, in particular in the collection of debts and bribes. Such mafia method is also alleged to be reflected in the constitution and accumulation of undeclared cash for tax offences and transfers to Italy, and in the management of activities linked to the restaurant industry and public establishments, in various cantons and also through frontmen.

Criminal organization known as the ‘Ndrangheta, Fino Mornasco locale coordinated with the Giffone locale

According to the indictment filed by the OAG, the accused would have punctually supported the criminal organization known as the ‘Ndrangheta, Fino Mornasco locale coordinated with the Giffone locale, whose existence and structure have been confirmed by final convictions in Italy, by acting as an intermediary for drug trafficking, providing or acting as an intermediary for the sale of weapons, participating in a ‘Ndrangheta meeting, and misleading the Swiss administrative authorities in order to allow a member of the locale to establish himself on Swiss territory with in order to facilitate the criminal activities of the locale in Switzerland.

How it operates: an organization based on secrecy

According to the indictment filed by the OAG, the accused is alleged to have acted in the knowledge that he was contributing to the existence, consolidation, and strengthening of a criminal organization that is compartmentalized and secret in its structure, its members, and its way of acting in order to last. An organization that operates by employing qualified discretion, relying, among other things, on frontmen, in order to guarantee secrecy to its illegal activity and to achieve its criminal ends, and increase its financial capacity through criminal means.

Other charges

The accused is alleged to have been involved in illicit drug trafficking, repeatedly carrying out preparatory acts aimed at procuring in another way for others, for sale, different types of narcotics. According to the indictment, the accused is alleged to have imported, possessed, alienated, offered to third parties, exported to Italy, and offered his availability as an intermediary for the sale of weapons and ammunition. He is alleged to have imported, stored, and offered counterfeit banknotes to third parties with the aim of circulating them in Switzerland. He is also alleged to have purchased or received as a gift and helped to alienate at least one weapon that he knew or should have known was obtained by a third party through an offence against property.

The conduct alleged in the OAG’s indictment constitutes participation in and support for a criminal organization (art. 260ter SCC), handling stolen goods (art. 160 SCC), importation, acquisition, and storage of counterfeit money (art. 244 in conjunction with art. 250 SCC), violation of the Federal Act on Weapons, Weapons Accessories, and Ammunition (art. 33 WA), and violation of the Federal Act on Narcotics (art. 19 NarcA).

An international investigation

During the investigations conducted by fedpol under the direction of the OAG, numerous covert surveillance measures were ordered and executed, such as telephone and environmental monitoring, observation services, and a cover investigation, in order to identify the members of the mafia-type criminal organization, as well as its criminal purposes and operational dynamics. The investigation also relied on the statements of several collaborators of justice in Italy. The latter provided multiple pieces of information regarding the establishment of the 'Ndrangheta clan in Switzerland, information that was later developed and confirmed in the investigations carried out by the OAG. A complex investigation with international implications, conducted as part of a joint investigative team (JIT) formed together with the Prosecutor's Office of Catanzaro.

The criminal proceedings have been extended to more individuals, involving a total of thirteen accused. On 24 October 2024, the OAG issued a summary penalty order for money laundering (Art. 305^bis SCC) against a 59-year-old Italian citizen resident in canton Solothurn. A rejection was filed against it. The case has therefore been transferred to the Federal Criminal Court. Two additional cases have been resolved with summary penalty orders against two individuals for contravention of the Federal Narcotics Act (Art. 19a NarcA) and infringement of the Federal Weapons Act (Art. 33 WA) and contravention of the Federal Weapons Act (Art. 34 WA). These summary penalty orders have become final and can be consulted at the OAG's legal service under the usual conditions. The OAG also issued a ruling abandoning proceedings concerning the money laundering charge.

The proceedings against another accused were referred to the cantonal authority on grounds of jurisdiction.

Regarding seven accused, the proceedings were separated, leading to the following outcomes:

• Delegation of criminal prosecution for three accused to the competent Italian authorities. The acts committed in Switzerland were contested in Italy within the framework of the trial called “Imponimento,” which led to convictions, some of which have not yet become final.
• Delegation of criminal prosecution for one accused to the competent Italian authorities. A conviction in Italy has been issued as part of the trial called “Cavalli di Razza.”
• Summary penalty order for aggravated violation of the Federal Narcotics Act (Art. 19, para. 2 NarcA).
• Ruling abandoning proceedings for money laundering (Art. 305bis SCC).
• One case has been transferred to the cantonal authority.

The convictions pronounced in this context represent an important result and testify to the effectiveness and appropriateness of the collaboration between the OAG, cantonal and foreign prosecuting authorities.

For the accused, the presumption of innocence applies until the sentence becomes final. With the filing of the indictment, the competence to provide further information passes to the FCC.

Original text of the press release in Italian.