SALE MONEY Following the publication of the " FinCEN Files", a new wave of criticism is aimed at the fight against money laundering in Switzerland. Many voices call for a reform of the system, without agreeing on the diagnosis or the paths to follow

SEBASTIEN RUCHE @sebruche

As with every money laundering scandal, the publication of the " FinCEN Files" by the International Consortium of Investigative Journalists (ICIJ) since Sunday has highlighted criticism of the way Switzerland is fighting against the integration of dirty money into the financial system. Often on the basis of opposing observations and proposing equally divergent solutions.

A fight against "archaic" dirty money. A "not effective" defense. Banks that send a lot of suspicious activity reports, "but almost nothing happens". Interviewed by Tamedia newspapers after the publication of the " FinCEN Files", Daniel Thelesklaf does not hold back his blows against the fight against money laundering at the federal level, which he led for less than a year until his surprise resignation in June last.

The specialist recommends introducing fines for offending banks – Finma can currently only confiscate illicit profits – and even a reversal of the burden of proof. Bank customers would then have to prove that their capital is clean. However, the man does not believe in the implementation of such a measure, while considering, paradoxically, that "Switzerland is basically well equipped" to combat money laundering.

In the Swiss system, financial intermediaries must communicate their justified suspicions of money laundering to a federal entity, MROS, which Daniel Thelesklaf headed when it was created in 1998 before returning to it in August 2019. This office then decides which files should be be forwarded to the Public Ministry. In many other countries, these reports are automated.

Widen the anti-money laundering net?

While the revision of the law on money laundering (LBA) is underway in the federal parliament, some are pushing for the reporting of suspicions to be generalized. The NGO Transparency International thus wishes that lawyers, notaries, accountants or real estate agents are also required to communicate their suspicions. Such a widening of the anti-money laundering net is in line with the recommendations of the FATF, the body responsible for coordinating the fight against dirty money at the international level. In December 2016, Switzerland had received a score above the average of other countries in its 4th assessment by the FATF.

The multiplication of reports is precisely one of the main problems of the Swiss system, according to another of its critics, even if he has a view opposed to that of Transparency International . "We should focus on the quality of transmissions, and not their quantity as is currently the case," said Carlo Lombardini. According to the Geneva lawyer, in its current form, the fight against money laundering is lost in advance.

"Switzerland has taken a wrong turn by making the compliance officers criminally liable", the bank employees responsible for verifying the origin of the funds provided by customers or potential customers, explains Carlo Lombardini. This risk for their career means that "these specialists, whose work is very difficult, transmit many more reports to MROS, but the quality of the signal drops", analyzes the one who is also a professor at the University of Lausanne .

He suggests modifying the LBA so that banks become punishable, instead of collaborators. In addition, "the investigative work must be carried out by the authorities, who must already fight against crime, before tackling money laundering", concludes our interlocutor, for whom the " FinCEN Files" "have above all shown that the The United States is the biggest launderer in the world, since the authorities did nothing following the reports sent by banks".