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Bernhard Lötscher

Partner
Head of White Collar Crime Team

Portrait ofPortrait of Bernhard Lötscher

Bernhard Lötscher

Partner
Head of White Collar Crime Team

Contact
CMS von Erlach Partners Ltd
Räffelstrasse 26
P.O. Box
8022 Zurich
Switzerland
Languages German, English, French

Bernhard Lötscher advises and represents corporate and private clients in economic crime matters, criminal and regulatory investigations as well as international mutual assistance in administrative, criminal and civil matters. In addition he has extensive experience in the field of anti-money laundering compliance. His practice moreover includes civil litigation and arbitration.   

Bernhard is a member of the CMS Dispute Resolution Practice Group, the CMS Anticorruption Sub-Group and the CMS Banking and Finance Practice Group.

He graduated with honours from the University of Zurich in 1990. After an internship with Union Bank of Switzerland (today UBS), he joined CMS in 1993 and was admitted to the bar in 1996. He is a partner since 2001.

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Sources say: "He is a very skilled lawyer and a team player."

Chambers & Partners, Europe, White-Collar Crime, Switzerland, 2022

Practice head Bernhard Lötscher represents private individuals as both defendants and plaintiffs, as well as assisting international corporates with investigations, asset tracing and criminal defence. Clients appreciate the clarity he brings to complex, cross-border cases with one reporting: "He offers brilliant analysis of the facts without being too complex."

Chambers and Partners, White-Collar Crime, Switzerland, 2019

"Bernhard Lötscher is 'able to explain the subtle aspects of this field of law to lawyers and laymen alike.' Another source praises his 'excellent communication skills' and adds: 'He ensured that the interests of our company, and of our customers, were fully safeguarded.' He has experience of internal investigations into disloyal conduct and breaches of company secrets, as well as assisting with proceedings into alleged tax fraud and counterfeiting."

Chambers and Partners, White-Collar Crime, Switzerland, 2018

"Strong choice for multi-jurisdictional issues, particularly cross-border investigations. Notable expertise in advising clients from the financial services industry, covering matters such as insider trading, money laundering and fraud."

Chambers and Partners, White-Collar Crime, Switzerland, 2015

Sources say: "He is a very skilled lawyer and a team player."

Chambers & Partners, Europe, White-Collar Crime, Switzerland, 2022

Practice head Bernhard Lötscher represents private individuals as both defendants and plaintiffs, as well as assisting international corporates with investigations, asset tracing and criminal defence. Clients appreciate the clarity he brings to complex, cross-border cases with one reporting: "He offers brilliant analysis of the facts without being too complex."

Chambers and Partners, White-Collar Crime, Switzerland, 2019

"Bernhard Lötscher is 'able to explain the subtle aspects of this field of law to lawyers and laymen alike.' Another source praises his 'excellent communication skills' and adds: 'He ensured that the interests of our company, and of our customers, were fully safeguarded.' He has experience of internal investigations into disloyal conduct and breaches of company secrets, as well as assisting with proceedings into alleged tax fraud and counterfeiting."

Chambers and Partners, White-Collar Crime, Switzerland, 2018

"Strong choice for multi-jurisdictional issues, particularly cross-border investigations. Notable expertise in advising clients from the financial services industry, covering matters such as insider trading, money laundering and fraud."

Chambers and Partners, White-Collar Crime, Switzerland, 2015

Relevant experience

  • Representing a private venture capital company in criminal and civil proceedings concerning a large scale "man in the middle" fraud (cyber-crime).
  • Representing a leading provider of artificial intelligence technology vis-à-vis Swiss regulatory bodies in connection with inquiries about suspected non-compliance with export control laws.
  • Representing a manufacturer of perfumes and scents in a criminal investigation for alleged counterfeiting; defense work involves investigation of business conduct of distributors in high risk countries.
  • Representing a Swiss group company of a commodity trading and mining concern in international judicial assistance proceedings for suspected large scale tax fraud.
  • Advising a major Swiss bank in investigation of Swiss regulatory body for alleged violation of diligence duties in handling cross-border customer relationships.
  • Counsel to a precious metals trader in connection with probes of Swiss and foreign regulatory bodies in suspected irregularities concerning precious metals trading.
  • Counsel to a group of companies active in the field of asset management in connection with regulatory and penal investigations for suspected insider trading.
  • Representing an aircraft owner company in arbitration proceedings against former operations manager.
  • Training of compliance functions and front office of the Swiss subsidiary of an international banking group on CDB 16 compliance.
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Memberships & Roles

  • Zurich Bar Association (ZAV)
  • Swiss Bar Association (SBA)
  • International Bar Association
  • Bankrechtliche Vereinigung
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Publications

  • Regulatory Intelligence, Country Update-Switzerland: AML, Thomson Reuters, 6 November 2023 (co-author: Sophie Weber)
  • Basle Commentary Anti-Money Laundering Act, commentary on article 7, December 2021 (co-author: Nino Sievi)
  • Anti-Money Laundering Country Guide, chapter on Switzerland, Thomson Reuters, October 2020 (co-author: Flavia Widmer)
  • The International Investigations Review - Edition 10, chapter on Switzerland, July 2020
  • CMS Guide to Anti-Bribery and Corruption Laws, June 2018 (co-author: Nino Sievi)
  • Erfüllungsklage des Käufers, in: Fischer / Theus Simoni / Gessler (editors), Kommentierte Musterklagen zum Vertrags- und Haftpflichtrecht, vol I, Zurich 2016
  • Tax deductibility of fines imposed on commercial undertakings, Criminal Law and Business Crime Newsletter, Newsletter of the International Bar Association Legal Practice Division, vol. 8(1), May 2015, pp. 12–14 (co-author: Nino Sievi)
  • Nemo Iudex in Sua Causa – No jurisdiction of the arbitrators to authoritatively rule on their own Fees, Remarks on the Swiss Federal Tribunal’s Decision 4A_391/2010 and 4A_399/2010 of 10 November 2010, 29 ASA Bulletin 1/2011, 120-128 (co-author: Axel Buhr)
  • Kann ein fingierter Verdacht auf «Betrugsdelikte und dergleichen» Amtshilfegrundlage in Steuersachen sein?, Jusletter, 18 October 2010 (co-author: Axel Buhr)
  • Abkommen Schweiz-USA in Sachen UBS: Sind dem Bundesverwaltungsgericht die Hände gebunden?, Anwaltsrevue, 15 January 2010 (co-author: Axel Buhr)
  • On the Treaty between Switzerland and USA of 19 August 2009, concerning the IRS Request for Information Exchange in the Matter of UBS Ltd, Neue Zürcher Zeitung, 17 September 2009
  • No Judicial Assistance from Switzerland in the Yukos Affair, Neue Zürcher Zeitung, 8 February 2005
  • Die Subsumption des Eigenhandels mit Rohwaren unter den Begriff der Finanzintermediation im Sinne des GwG ( co-author: Prof. Dr. iur. Niklaus Schmid), AJP, November 2002
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Lectures list

  • Zwangsvollstreckung nach ZPO, Lecture at Institut für Rechtswissenschaft, CAS Prozessführung - Civil Litigation, St Gallen, February 2018
  • Was ist gute KYC-Policy im Bereich des Transaction Monitoring?, Lecture at the Swiss Compliance Officers Meeting, Zurich, June 2017
  • Switzerland Tightening the Screws – Proposed Legislation to Implement the 2012 FATF Recommendations, Lecture at STEP Israel 15th Anniversary Conference, Tel Aviv, June 2013
  • Steuerdelikte als Vortat zur Geldwäscherei – Stand der Diskussion und Ausblick, Lecture at Verband Schweizerischer Vermögensverwalter (VSV), Revisionsseminar GwG / Standesregeln, Zurich, March 2013
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Education

  • Bar Admission (1993)
  • Internship with Union Bank of Switzerland, UBS (1990-1993)
  • Legal studies, Universities of Zurich and Lausanne (1984 − 1990)
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Expertise

23/12/2019
Corporate Liability for Lack of Corruption Prevention
Corporate Criminal Liability Commodity trader pays Sfr 94 million for lack of organisational corruption prevention. Introduction Under Swiss criminal law, criminal offences committed within a corporation...
Publication
21/02/2019
Anti-Corruption: Trends and Developments in Switzerland
Anti-Corruption: Trends and Developments in Switzerland CMS Switzerland’s lawyers Bernhard Lötscher, Nino Sievi and Aline Wey Speirs ana­lyse the most significant trends and provide a broader discussion...
Publication
30/08/2018
Amendments to Anti-money Laundering Act
On 1 June 2018 the Federal Council initiated the consultation on a number of amendments to the Anti-money Laundering Act. The draft bill marks the third bundle of legislative measures to com­pre­hens­ively...
Publication

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12/04/2023
CMS Switzerland recommended by The Legal 500 EMEA 2023
Rankings of CMS Switzerland in The Legal 500 EMEA 2023 Edition
News
03/2023
CMS Switzerland recommended in the Chambers Europe Guide 2023
Chambers and Partners has pub­lished its rankings of Europe's lead­ing law firms and lawyers in the Europe Guide 2023. Our firm and our lawyers are listed in both rankings for Switzerland.
News
11/04/2022
CMS Switzerland recognised by The Legal 500
Rankings of CMS Switzerland in The Legal 500 EMEA 2022 edition
News
03/2022
CMS Switzerland recommended in the Chambers Europe Guide 2022
Chambers and Partners has pub­lished its rankings of Europe's lead­ing law firms and lawyers in the Europe Guide 2022. Our firm and our lawyers are listed in both rankings for Switzerland.
News
09/09/2021
The International Investigations Review | 11th Edition
The International Investigations Review by The Law Reviews 
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14/04/2021
CMS Switzerland ranked by The Legal 500
Rankings of CMS Switzerland in The Legal 500 EMEA 2021 edition CMS Switzerland is recommended in 18 categories in this year's Europe, Middle East and Africa edition of The Legal 500, published in April...
News
18/03/2021
CMS Switzerland ranked in Chambers and Partners Europe Guide 2021
We are delighted to announce that 13 of our lawyers across 9 practice areas are recommended in the Chambers and Partners Europe Guide 2021. The following lawyers from our offices in Zurich and Geneva...
News
23/02/2021
CMS Guide to Anti-Bribery and Corruption Laws
We are delighted to present the sixth edition of the CMS Guide to Anti-Bribery and Corruption Laws
Publication
27/11/2020
Anti Money-Laundering Country Guide – Switzerland
The “Switzerland – AML Country Guide” by Thomson Reuters has recently been updated by our experts on white-collar crime and dispute resolution, Bernhard Lötscher and Flavia Widmer.Find out more...
Publication
27/11/2020
The International Investigations Review | 10th Edition
The International Investigations Review by The Law Reviews  Criminal and regulatory investigations have evolved since the turn of the millennium into a topic of particular interest and concern for corporates...
Publication
15/04/2020
New rankings from "The Legal 500" for CMS Switzerland
New rankings from "The Legal 500" for CMS Switzerland CMS Switzerland is being recommended in 16 categories in this year's edition of The Legal 500, published in April 2020. We are particularly pleased...
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12/03/2020
Top-Rankings for CMS Switzerland by Chambers and Partners
Top rankings for CMS Switzerland by Chambers and Partners CMS Switzerland is delighted to announce that 14 lawyers across 10 practice areas have been recommended in the 2020 edition of Chambers and...
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