A restaurateur from Bern was sentenced to 43 months' imprisonment by the Commercial Criminal Court. The 62-year-old had used a complex network of companies to conceal his income and assets. Although he did not appear to be responsible on paper, he controlled several companies.
During the sentencing, the restaurateur sat quietly in the courtroom, as reported by the Berner Zeitung. The court found him guilty of multiple counts of seizure fraud, fraud, fraudulent mismanagement and forgery. The sum of the offense amounts to around four million francs.
In addition to him, his son and two other people were also charged. The son received a conditional custodial sentence of 18 months as he had transferred over 100,000 francs to his private account.
Restaurateur announces appeal
A business partner was sentenced to a conditional fine for involvement in Covid credit fraud, while a long-standing lawyer of the restaurateur was acquitted. The main defendant claimed that he was a good restaurateur but had no knowledge of accounting. The court did not believe him and found that he did have an overview of his companies.
In summer 2019, the restaurateur had assured the debt enforcement office that he and his wife only had a modest income while living in a luxurious villa. The court clarified that it was not the formal construct but the actual control over the companies that was decisive. The restaurateur had a general power of attorney over the companies.
Public prosecutor Roman Sigrist was satisfied with the verdict, in particular with the guilty verdict for seizure fraud. The restaurateur announced that he would appeal. New proceedings are also underway against him, including in relation to a real estate project in Kosovo, where there is suspicion of investment fraud.
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