Swiss Embargos and their Impact on Contracts Governed by Swiss Law Illustrated by the Swiss Sanctions against Iran
April 5, 2011
Introduction: Many international commercial contracts (such as e.g., construction, distribution, sale and purchase) are governed by Swiss (substantive) law as per a choice of law provision. Often the choice of law is made in combination with an arbitration clause referring disputes to arbitration in Switzerland. The effect of international sanctions on commercial contracts has become a burning issue once more due to the sanctions adopted by the international community against Iran. The present note briefly analyses the Swiss regime of sanctions against Iran, and some contractual issues that might arise from contracts governed by Swiss substantive law. In 2010, the trade volume between Iran and Switzerland amounted to CHF 741 million, with machinery and equipment as the predominant export to Iran. The trade volume of contracts related to business transactions with Iran and governed by Swiss substantive law is unknown, but it is safe to assume that it is a multiple of the above amount.
In June 2010, the United Nations Security Council adopted new and tighter sanctions against Iran aiming at stopping Iran’s nuclear program (UN Security Council’s resolution 1929 of 9 June 2010). Based on this resolution the United States, the European Union and several other important countries (including Australia, Japan, Canada) implemented even broader sanctions against Iran. Those sanctions consist of strict economic and financial embargos banning imports from and exports to Iran, and also contain a blacklist of Iranian companies and individuals with whom trade is prohibited.
In August 2010, Switzerland transposed the UN resolution into Swiss national law by amending the existing Federal Ordinance of 14 February 2007 on Measures against the Islamic Republic of Iran. On 19 January 2011 Switzerland also tightened its sanctions against Iran by adopting a new Federal Ordinance (the “Ordinance”) which replaced the 2007 Ordinance. It came into effect on 20 January 2011 and, in principle, aligns Switzerland’s position with that of the UN.
The (new) Swiss Sanctions: The Federal Embargo Act (“EmbA”) is the legal basis for Swiss sanctions against foreign countries. Pursuant to Articles 1 and 2 EmbA, the Swiss Government can enact coercive measures imposed by the United Nations, by the OSCE, or by Switzerland’s most important business partners aiming to ensure the respect of public international law, namely compliance with human rights.
The Ordinance imposes a strict ban on export of so called dual use goods, technologies, and software (i.e. products and technologies normally used for civilian purposed which may also have a military application). Furthermore, since it is assumed that Iran finances the enrichment of uranium through the revenues of its oil and gas sector, the export restrictions also encompass goods that may be used in this sector. Furthermore, any financing of or shareholdings in Iran’s oil and gas sector is prohibited.
The Ordinance also affects Switzerland’s financial sector and contains e.g. a prohibition for Swiss (re-)insurance companies to contract with Iranian individuals or entities. Likewise, the law proscribes Swiss banks from transacting with Iranian banks. Furthermore, any money transfer to or from an Iranian individual or company over CHF 10’000 must be reported to Switzerland’s State Secretariat for Economic Affairs (the “SECO”); transfers exceeding CHF 50’000 even require a prior authorization from the SECO. The Swiss financial institution executing the transfer must file the request for authorization. Where that institution is not based in Switzerland, the Swiss beneficiary or the party ordering the money transfer must report it and seek prior authorisation. The SECO will grant a request if the money transfer does not violate the Ordinance or any other Federal Acts applying to the proliferation of armaments. Finally, the Ordinance also provides for a long blacklist of Iranian individuals and companies whose assets in Switzerland have been frozen and with whom any kind of transaction is prohibited.
Any violation of the Ordinance is punishable by imprisonment of up to one year or a fine of up to CHF 500’000.
Some Issues Arising under Swiss Law:
a. No bar to arbitration- The effect, if any, of a sanction on arbitration agreements is determined by the (arbitration) law at the place of arbitration. The nullity of the contract containing the arbitration agreement does not necessarily lead to the nullity of the arbitration agreement. Under Swiss arbitration law, all claims with a monetary value are arbitrable (Article 177 Private International Law Act), irrespective of whether the underlying contract is void or enforcement would be prohibited by international sanctions (Decision of the Swiss Federal Supreme Court Fincantieri v OTO Melara in ASA Bulletin 1993, 58 regarding sanctions against Iraq).
b. Illegality/Impossibility- Even if arbitration is possible, the claim may fail on the merits. Article 20 of the Swiss Code of Obligations (“CO”) sets forth three grounds on which a contract can be null and void: First, the contract is impossible to perform, second it has an illegal content, or third it violates bonos mores. A contract is illegal if its content, its conclusion or its purpose is incompatible with mandatory provisions of Swiss law. A contract must be lawful at the moment the parties conclude it. As a consequence, even if a dispute arises at a time when the contract is no longer unlawful (e.g. because the embargo was lifted), the contract remains null and void (Decision of the Swiss Federal Supreme Court 102 II 401 of 21 December 1976). This is, however, controversial and some scholars opine that in such circumstances, the illegality is cured (Claire Huguenin in Basle Commentary to the Swiss Code of Obligation I, 4th edition 2007 to Article 19/20 CO, N 16 with further references).
As to the impossibility of performance, it might arise from factual or legal circumstances. It is therefore not necessary that a given performance obligation under a contract be factually impossible so long as the law prohibits such performance, provided that the law is of permanent nature. Situations of temporary impossibility do not cause the nullity of the contract but are considered as being a situation of default under Swiss law. Most embargos are of temporary nature and therefore tend to cause default situations rather than a permanent impossibility. However, in a decision dating back to 1955, the Swiss Federal Supreme Court accepted embargos as possible causes for (permanent) legal impossibility (Decision of the Swiss Federal Supreme Court 81 II 613 of 13 December 1955). As a consequence, embargos such as that provided for by the Ordinance may give rise to a legal impossibility.
c. Supervening impossibility- If a contract becomes unlawful after its conclusion (“supervening impossibility”) by operation of a law enacted subsequently, the law cannot retroactively invalidate the contract (Decision of the Swiss Federal Supreme Court 100 II 105 of 28 March 1974). While impossibility ab initio under Article 20 CO renders a contract null and void ex tunc, an intervening impossibility merely exempts the obligor from its performance obligations as of the moment when the impossibility intervenes (Article 119 CO). Parties are free to include risk allocation clauses in their contract which apply in the event of international sanctions or provide for a mere suspension of performance in a force majeure clause (instead of extinction of the obligation as provided for by Article 119 CO).
As is the case with initial impossibility, likewise a supervening impossibility must be of a permanent nature, which may not hold true for most embargos. Nevertheless, as already outlined, Swiss courts have accepted payment restrictions imposed by Switzerland as a potential cause of legal impossibility. In a case involving a Swiss (national) embargo on exports of certain types of machines that could be potentially used in the production of nuclear weapons, the Swiss Federal Supreme Court ruled that the enactment of embargo qualified as a supervening legal impossibility within the meaning of Article 119 CO. The Supreme Court specified, however, that the seller of such goods may still be held liable for any damages resulting from non-performance if he knew or could have known about the future embargo at the time the contract has been entered into (Decision of the Swiss Federal Supreme Court 111 II 352 of 3 September 1985).
As stated, certain Swiss legal scholars consider that a temporary embargo does not constitute a legal or permanent impossibility within the meanings of Articles 20 and 119 CO, respectively, but merely a default situation. In this context, the award in ICC arbitration no. 7575 is of interest (Reported in Journal de droit international 2010, p. 1377). As the relevant embargo (against former Yugoslavia) was no longer in place, the arbitral tribunal found that there was no obstacle to the future performance of the contract. Another interesting question examined by the arbitral tribunal was whether interest continued to accrue during the embargo. The tribunal considered that interest was due and served to redress currency devaluation.
by Matthias Scherer ([email protected]) and André Brunschweiler ([email protected]) @ LALIVE
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jack loach
Sods ----- Law. March.---- 2014. For almost two decades we have strived to get justice for the injustice we have suffered at the hands of a world renowned bank--- PICTET & CIE. BANK. Two yorkshiremen both running their own small family businesses trying to resolve the problem by taking all the correct legal procedures to recover their monies. The matter was raised in Parliament – twice-- the FSA investigated the matter concluding that PICTET had rogues operating in their London Bank --- but the rogues had left ---saying no one left to prosecute.??? ----- so there. We then approached the Financial Ombudsman Service. (FOS) --- our case was dealt with by seven different people ---- then our numerous E-Mails were ignored --- nobody would speak to us -------so there. We then asked the SFO ( Serious Fraud Office.) to investigate our case ---- the criteria of our case ticked all their boxes. --- we were instructed not to send them any documents/evidence.------ in fact they wrote to us advising us to go to the Citizen's Advice Bureau.(CAB.) Richard Alderman the SFO boss ---- who responded to our letter was the same man who would not investigate the “ Madoff” scandal or the “Libor” fiasco. The MP's committee ---- said he was sloppy--- and the SFO was run like “ Fred Karno's Circus” ----- it was an office of fraud.----- so there. Our M.P. approached our local Chief Constable to investigate----- he was called---- Sir Norman Bettison--- Chief Constable of West Yorkshire Police ---- a force that made “ Dad's Army” look like the S.A.S. They were inept – corrupt ---malicious --- from top to bottom. We were criminally dealt with by the Forces Solicitor---- the Head of the Economic Crime Unit ----and the Chief Constable ----- so there. We were then advised to pass our complaint against West Yorkshire Police to the I.P.C.C. – which we did --- they advised us to make our complaint to ---- the West Yorkshire Police --- we did with reluctance --- all we got was abuse and obfuscation. ----- so there. Sir Norman Bettison ---- The Forces solicitor--- and the Head of the Economic Crime ---- have all been removed from their posts and facing criminal allegations. ------ so there. We even sought justice through the Courts --- culminating in a visit to the Court of Appeal-London.--- On leaving the Courts of Appeal that day our barrister a “rising star” informed us --- that if that was Justice then you can keep it. He quit the law and moved to Canada ----- so there. A few years later we learned that one of the judges in our case at the Court of Appeal was related to a senior executive of the Pictet Bank -----so there. Pictet & Cie .Bank --- voted private bank of the year 2013. Ivan Pictet ---- Voted banker of the year 2012. ---- the senior partner --- lied on numerous occasions and had documents destroyed --- also said genuine documents were forgeries. ----- so there. Ivan Pictet in Oct. 2013 ---- Given the Legion of Honour --- but saying that ---- honours were given to Hitler --- Eichmann --- Mussolini ---Franco --- he's in fitting company. ----so there. MONTY RAPHAEL.Q.C. -- Peters & Peters.London. They were the banks lawyers. Monty Raphael.Q.C. along with Ivan Pictet withheld crucial documents requested by the High Court ---- the FSA ---- and the police Fraud Squad. ----so there. Monty Raphael.Q.C. became an Honorary Queens Counsellor in March. 2012. Monty Raphael.Q.C. became a Master of the Bench in Nov.2012. An expert in Fraud ---the Doyen of Fraud Lawyers. ----- so there. This says a lot about Banks --- the consensus of opinion is that they are highly paid “crooks” ---- no wonder they voted Ivan Pictet banker of the year. It appears that crimes in the “establishment.” are honoured by their peers. “HONOURS AMONG THIEVES.” Full Story.---- “google or Yahoo” Insert. Ivan Pictet.Banker. Monty Raphael.Q.C. Ivan Pictet/Monty Raphael. Update --- March. 2014. Pictet & Cie Bank ---- List of Crimes. 1996 ----- F.S.A--- Breach in London. 2003 ----- F.S.A. -- States rogues operating in Pictet's London office. Ivan Pictet states that documents were forgeries but were later proved to be genuine in the British Courts. He had documents destroyed in their London office --hoping to hide the crimes. 2007 .- - - The Securities and Exchange Surveillance issued a recommendation that the Prime Minister and The Commissioner of the FSA to take disciplinary action against Pictet Asset Management – Japan Ltd. 2008 .-- Dec. - Pictet Bank state - " We have never chosen any funds linked to Madoff. 2011 - - - Madoff Trustees sue Pictet & Cie. Bank for $156 Million. 2011- - - Pictet & Cie Bank abetted a Bribery Scheme - Oil company sues Pictet for $350Million 2012 - - - April – Geneva Bank Pictet used in Offshore Tax Scheme. ( USA.) 2012 -- - June. -- Published in Anglo INFO .Geneva.--- USA Trust Fund Investors were sent false and fraudulent documents by Pictet Bank in order to collect large fees. ( Like MADOFF) Even after the SEC in the USA uncovered the fraud Pictet continued to charge fees and drain whatever was left in these accounts. Estimated that $90 million lost in this Pictet Ponzi scheme. 2012 - - - July. -- De – Spiegel. -- states – Pictet Bank uses a letterbox company in Panama and a tax loophole involving investments in London to gain German millionaires as clients. 2012 - - - August ---- German Opposition Leader accuses Swiss Banks of "organised crime." 2013 --- Jan.--- Swiss MP' table motion to freeze Tiab Mahmud's assets of " criminal origins" held in Swiss banks – $18 million held in 5 accounts at Pictet & Cie. Bank. Bahamas. Ironically the Pictet & Cie.Bank partners are bigger criminals than the criminals who have accounts in the their bank. The bank is now seeking to re-structure -- to cut the partners liability – hoping to off load their decades of criminal responsibilty – and move onwards to carry out new crimes. The Germans are right -- the bankers should go to prison if found guilty of financial crimes.. Both Ivan Pictet and Monty Raphael.Q.C. conspired to withhold crucial documents requested by the High Court – the FSA --- and the Police Fraud Squad. Written Parliamentary Questions received by the table office .. (1) To ask the secretary of state what steps he is taking to ensure that Swiss Banks such as Pictet & Cie do not evade criminal prosecution under EU law even when the illegal act is committed by a London based subsidiary. (2)To ask the secretary of state what steps he is taking to protect the rights of UK citizens who seek redress following criminal activities by Swiss banks with subsidiary offices located in London. Quote. ( America’s Top Lawyer .) You can be the richest man in the world with the best lawyers that money can buy but you cannot win against a man who has got nothing left to lose and is telling the truth. *** We note that there has been a sharp increase in Peters & Peters partners leaving to go to other practices. Moving does not alleviate them of any responsibility from any illegalities that may have occurred at Peters & Peters during their partnership tenure. From 1999 onwards. The consensus of opinion is the Pictet & Cie should be prosecuted , and that their U.K. banking licence should be taken away. Their Solicitors at Peters & Peters .London “ struck off and prosecuted..” *** Started campaign --- June 6th.2008. 5years ---- approx 10 .5 million e-mails - - - but still no writs, injunctions or threats of litigation - - - WHY - - - because it is all true. *** . The bigger they are --- the harder they fall.!!! In America ---- they would have all been in prison for the last seven years. Feb 2013,--- Pictet & Cie Bank Partners remove their unlimited liability.They realise that all their personal wealth is at risk , the people they have conned might want their money back. Full Story.*** . " Google " or " Yahoo" . Insert-- ( Charles Pictet. Banker. Insert-- ( Ivan Pictet.Banker. Insert-- ( Jacques de Saussure.Banker. Insert-- ( Nicolas Pictet. Banker. Insert-- ( Jean-Francois Demole.Banker. Insert -- ( Philippe Bertherat. Banker. Insert-- ( Renaud de Planta. Banker. Update. March. 2014. Over the last three years we posted the following on hundreds of sites . -- *** Were currently waiting for the West Yorkshire Police ;- Chief Constable . Sir Norman Bettison Forces Solicitor. Mike Percival. Head of Economic Crime Unit. Det Chief Inspector. Steven Taylor. -to see if they continue to cover up this case like the FSA. – “ watch this space.” **** We can now state that all the above have been removed from their posts. All three facing criminal allegations. **** These three senior police officials assisted in covering up the crimes carried out by Pictet & Cie Bank and it's lawyers. Swiss Bank Accounts. 2014. Is your monies safe in these accounts ---- definitely NOT. Would you get your money back if every body decided to withdraw all their accounts – NO WAY. Economic Experts say that there would only enough money to repay 50% of their clients. Are you going to be in the 50% --- that loose your money.-- Get it out NOW. 2012 -- - June. -- Published in Anglo INFO .Geneva.--- USA Trust Fund Investors were sent false and fraudulent documents by Pictet Bank.Switzerland. in order to collect large fees. ( Like MADOFF) ---Even after the SEC in the USA uncovered the fraud Pictet continued to charge fees and drain whatever was left in these accounts. Estimated that $90,000,000 million lost in this Pictet Ponzi scheme. 2012 - - - July. -- De – Spiegel. -- states – Pictet Bank uses a letterbox company in Panama and a tax loophole involving investments in London to gain German millionaires as clients. 2012 - - - August ---- German Opposition Leader accuses Swiss Banks of "organised crime." All the fines that crooked Swiss banks have incurred in the last few years exceeds £75.Billion. It is also calculated that the secrecy " agreements" with regards to tax evation by their clients will cost the banks another £450 Billion.( paid out of your monies.) The banks are panicking --- the are quickly restructuring their banks ---- from partnerships -- to " LIMITED COMPANIES." ----- this will probably mean that in the future --- they could pay you only 10% of your monies " if you are one of the lucky ones" ---- and it be legal.
jack loach
Sods ----- Law. Dec.---- 2014. For almost two decades we have strived to get justice for the injustice we have suffered at the hands of a world renowned bank--- PICTET & CIE. BANK. Two yorkshiremen both running their own small family businesses trying to resolve the problem by taking all the correct legal procedures to recover their monies. The matter was raised in Parliament – twice-- the FSA investigated the matter concluding that PICTET had rogues operating in their London Bank --- but the rogues had left ---saying no one left to prosecute.??? ----- so there. We then approached the Financial Ombudsman Service. (FOS) --- our case was dealt with by seven different people ---- then our numerous E-Mails were ignored --- nobody would speak to us -------so there. We then asked the SFO ( Serious Fraud Office.) to investigate our case ---- the criteria of our case ticked all their boxes. --- we were instructed not to send them any documents/evidence.------ in fact they wrote to us advising us to go to the Citizen's Advice Bureau.(CAB.) Richard Alderman the SFO boss ---- who responded to our letter was the same man who would not investigate the “ Madoff” scandal or the “Libor” fiasco. The MP's committee ---- said he was sloppy--- and the SFO was run like “ Fred Karno's Circus” ----- it was an office of fraud.----- so there. Our M.P. approached our local Chief Constable to investigate----- he was called---- Sir Norman Bettison--- Chief Constable of West Yorkshire Police ---- a force that made “ Dad's Army” look like the S.A.S. They were inept – corrupt ---malicious --- from top to bottom. We were criminally dealt with by the Forces Solicitor---- the Head of the Economic Crime Unit ----and the Chief Constable ----- so there. We were then advised to pass our complaint against West Yorkshire Police to the I.P.C.C. – which we did --- they advised us to make our complaint to ---- the West Yorkshire Police --- we did with reluctance --- all we got was abuse and obfuscation. ----- so there. Sir Norman Bettison ---- The Forces solicitor--- and the Head of the Economic Crime ---- have all been removed from their posts and facing criminal allegations. ------ so there. We even sought justice through the Courts --- culminating in a visit to the Court of Appeal-London.--- On leaving the Courts of Appeal that day our barrister a “rising star” informed us --- that if that was British Justice then you can keep it. He quit the law and moved to Canada ----- so there. A few years later we learned that one of the judges ( Lord Justice.) in our case at the Court of Appeal was related to a senior executive of the Pictet Bank -----so there. The Ministry of Justice passed our case to Lord Myners to investigate --- we would rather have had Mickey Mouse or Donald Duck do it. --- to this day we don't know ---whether he did anything or not ---- probably not --- seeing that his wife was on the Pictet Prix Board. Pictet & Cie .Bank --- voted private bank of the year 2013. Ivan Pictet ---- Voted banker of the year 2012. ---- the senior partner --- lied on numerous occasions and had documents destroyed --- also said genuine documents were forgeries. ----- so there. Ivan Pictet in Oct. 2013 ---- Given the Legion of Honour --- but saying that ---- honours were given to Hitler --- Eichmann --- Mussolini ---Franco --- he's in fitting company. ----so there. MONTY RAPHAEL.Q.C. -- Peters & Peters.London. They were the banks lawyers. Monty Raphael.Q.C. along with Ivan Pictet withheld crucial documents requested by the High Court ---- the FSA ---- and the police Fraud Squad. ----so there. Monty Raphael.Q.C. became an Honorary Queens Counsellor in March. 2012. Monty Raphael.Q.C. became a Master of the Bench in Nov.2012. An expert in Fraud ---the Doyen of Fraud Lawyers. ----- so there. This says a lot about Banks --- the consensus of opinion is that they are highly paid “crooks” ---- no wonder they voted Ivan Pictet banker of the year. It appears that crimes in the “establishment.” are honoured by their peers. “HONOURS AMONG THIEVES.” Full Story.---- “google ” Insert.----- The Crimes of ----- Pictet & Cie Bank. or insert Ivan Pictet/ Monty Raphael Q.C. Update --- Dec... 2014. Full Story--- "Google " ---- The Crimes of -----Pictet & Cie. Bank. 1996 ----- F.S.A--- Breach in London. 2003 ----- F.S.A. -- States rogues operating in Pictet's London office. Ivan Pictet states that documents were forgeries but were later proved to be genuine in the British Courts. He had documents destroyed in their London office -- hoping to hide the crimes. 2007 .- - - The Securities and Exchange Surveillance issued a recommendation that the Prime Minister and The Commissioner of the FSA to take disciplinary action against Pictet Asset Management – Japan Ltd. 2008 .-- Dec. - Pictet Bank state - " We have never chosen any funds linked to Madoff. 2011 - - - Madoff Trustees sue Pictet & Cie. Bank for $156 Million. 2011- - - Pictet & Cie Bank abetted a Bribery Scheme - Oil company sues Pictet for $350Million 2012 - - - April – Geneva Bank Pictet used in Offshore Tax Scheme. ( USA.) 2012 -- - June. -- Published in Anglo INFO .Geneva.--- USA Trust Fund Investors were sent false and fraudulent documents by Pictet Bank in order to collect large fees. ( Like MADOFF) Even after the SEC in the USA uncovered the fraud Pictet continued to charge fees and drain whatever was left in these accounts. Estimated that $90 million lost in this Pictet Ponzi scheme. 2012 - - - July. -- De – Spiegel. -- states – Pictet Bank uses a letterbox company in Panama and a tax loophole involving investments in London to gain German millionaires as clients. 2012 - - - August ---- German Opposition Leader accuses Swiss Banks of "organised crime." 2013 --- Jan.--- Swiss MP' table motion to freeze Tiab Mahmud's assets of " criminal origins" held in Swiss banks – $18 million held in 5 accounts at Pictet & Cie. Bank. Bahamas. Ironically the Pictet & Cie.Bank partners are bigger criminals than the criminals who have accounts in the their bank. The bank is now seeking to re-structure -- to cut the partners liability – hoping to off load their decades of criminal responsibilty – and move onwards to carry out new crimes. The Germans are right -- the bankers should go to prison if found guilty of financial crimes. Swiss Bank Accounts. Dec . 2014. Is your monies safe in these accounts ---- definitely NOT. Would you get your money back if every body decided to withdraw all their accounts – NO WAY. Economic Experts say that there would only enough money to repay 50% of their clients. Are you going to be in the 50% --- that loose your money.-- Get it out NOW. 2012 -- - June. -- Published in Anglo INFO .Geneva.--- USA Trust Fund Investors were sent false and fraudulent documents by Pictet Bank.Switzerland. in order to collect large fees. ( Like MADOFF) ---Even after the SEC in the USA uncovered the fraud Pictet continued to charge fees and drain whatever was left in these accounts. Estimated that $90,000,000 million lost in this Pictet Ponzi scheme. 2012 - - - July. -- De – Spiegel. -- states – Pictet Bank uses a letterbox company in Panama and a tax loophole involving investments in London to gain German millionaires as clients. 2012 - - - August ---- German Opposition Leader accuses Swiss Banks of "organised crime." All the fines that crooked Swiss banks have incurred in the last few years exceeds £75.Billion. It is also calculated that the secrecy " agreements" with regards to tax evation by their clients will cost the banks another £450 Billion.( paid out of your monies.) The banks are panicking --- the are quickly restructuring their banks ---- from partnerships -- to " LIMITED COMPANIES." ----- this will probably mean that in the future --- they could pay you only 10% of your monies " if you are one of the lucky ones" ---- and it be legal. Peters &Peters – Partners.— (1999---2014)--- guilty. Pictet & Cie. -- Partners. --- (1999 --- 2014)---guilty. The bank and it’s officials/lawyers deliberately withheld crucial documents requested under a High Court order. The bank and it’s officials/lawyers deliberately withheld evidence from the Police, and one of it’s account managers Susan Broadhead gave a false witness statement to the Police. Another one of it’s managers Nicholas Campiche ( Now Head of Pictet – Alternative Investments.) concocted a letter pretending to be a client and closed his account. The senior partner (Ivan Pictet.) sought to have numerous documents destroyed,along with those copies held in their London office’s of Pictet Asset Management. Initially stating that they were forgeries then their lawyers Peters & Peters – Monty Raphael Q.C.–and the barrister Charles Flint.Q.C. later had to admit in Court that the documents were genuine. British Parliament. Hansard .29th March 2007. Barry Sheerman .M.P.—quote. ---------“ Constituents of mine have lost £2 million through fraud. The fraudster used Pictet & Cie - - a French Bank - - and Pictet Asset Management to back the fraud being perpetrated.”” Both Ivan Pictet and Monty Raphael.Q.C. conspired to withhold crucial documents requested by the High Court – the FSA --- and the Police Fraud Squad. Written Parliamentary Questions received by the table office .. (1) To ask the secretary of state what steps he is taking to ensure that Swiss Banks such as Pictet & Cie do not evade criminal prosecution under EU law even when the illegal act is committed by a London based subsidiary. (2)To ask the secretary of state what steps he is taking to protect the rights of UK citizens who seek redress following criminal activities by Swiss banks with subsidiary offices located in London. *** We note that there has been a sharp increase in Peters & Peters partners leaving to go to other practices. Moving does not alleviate them of any responsibility from any illegalities that may have occurred at Peters & Peters during their partnership tenure. From 1999 onwards. The consensus of opinion is the Pictet & Cie should be prosecuted , and that their U.K. banking licence should be taken away. Their Solicitors at Peters & Peters .London “ struck off and prosecuted..” *** Started campaign --- June 6th.2008. 5 .5years ---- approx 10 .5 million e-mails - - - but still no writs, injunctions or threats of litigation - - - WHY - - - because it is all true. *** . The bigger they are --- the harder they fall.!!! In America ---- they would have all been in prison for the last seven years. Feb 2013,--- Pictet & Cie Bank Partners remove their unlimited liability. They realise that all their personal wealth is at risk , the people they have conned might want their money back. Full Story.*** ---" Google" -----insert.--- Pictet & Cie. Bank. or Insert-- ( Charles Pictet. Banker. Insert-- ( Ivan Pictet.Banker. Insert-- ( Jacques de Saussure.Banker. Insert-- ( Nicolas Pictet. Banker. Insert-- ( Jean-Francois Demole.Banker. Insert -- ( Philippe Bertherat. Banker. Insert-- ( Renaud de Planta. Banker. Insert. -- ( Monty Raphael.Q.C.) Over the last eighteen months we posted the following on hundreds of sites . --- *** Were currently waiting for the West Yorkshire Police ;- Chief Constable . Sir Norman Bettison Forces Solicitor. Mike Percival. Head of Economic Crime Unit. Det Chief Inspector. Steven Taylor. to see if they continue to cover up this case like the FSA. – “ watch this space.” We can now state that all the above have been removed from their posts. All three facing criminal allegations. These three senior police officers helped and assisted the Pictet & Cie Bank in keeping crucial criminal evidence from the High Court and Court of Appeal.