Cybercrime: Charges brought in voice phishing case
Bern, 14.02.2019 - The Office of the Attorney General of Switzerland (OAG) has concluded an investigation into cybercrime allegations and filed charges against one person before the Federal Criminal Court in Bellinzona. The accused, a woman, is suspected of being a member of a criminal group that committed “voice phishing” offences in Switzerland between March 2016 and July 2018.
In the criminal proceedings, which were opened in May 2017, the OAG has filed an indictment against a single accused on charges of commercial computer fraud (Art. 147 para. 1 in conjunction with para. 2 of the Swiss Criminal Code SCC). The accused, who was acting as part of an international group, is accused of making telephone calls to deceive persons into disclosing e-banking data (a process known as “voice phishing”). The data obtained was then used to make illegal money transfers, as a result of which around 50 victims in Switzerland lost a total of more than CHF 2 million.
Thanks to close cooperation with the Dutch authorities and with the support of the Federal Office of Police fedpol and Eurojust, the accused was located in the Netherlands and identified. She was subsequently arrested in Rotterdam and extradited to Switzerland, where she will now appear before the Federal Criminal Court in accelerated proceedings (Art. 358 ff. Swiss Criminal Procedure Code). As an indictment has been filed, the Federal Criminal Court is now responsible for providing further information.
Accelerated proceedings (Art. 358 ff. Swiss Criminal Procedure Code):
Accelerated proceedings make it possible, subject to certain requirements, to conclude a case more quickly. Where the accused essentially admits his or her guilt and accepts the civil claims in principle, it is no longer necessary to lead evidence on all aspects of the charges. The accepted facts of the case serve as the basis for drafting the indictment, which must be approved by both the accused and by the complainants. The indictment is then submitted to the court in the form of a proposed judgment. The court assesses whether it is lawful and appropriate to conduct accelerated proceedings, whether the charges are consistent with the outcome of the main hearing and the case files, and whether the requested sanctions are reasonable. If the court decides that the requirements for accelerated proceedings have been met, the indictment is transformed into its judgment. If not, ordinary proceedings are conducted instead.
Address for enquiries
Office of the Attorney General of Switzerland, Communications Service, T +41 31 324 32 40, firstname.lastname@example.org
Office of the Attorney General of Switzerland