Daniel Fischer (lawyer)

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Daniel Fischer (born May 22, 1953 in Bern ; † June 20, 2015 in Zurich ) was a Swiss lawyer and professor for international business law at the SRH University in Berlin .

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He became known throughout Switzerland as the representative of so-called Lehman victims who, on the advice of Swiss banks , had invested in Lehman Brothers securities . Among other things, he represented around 350 to 500 members of the investor self-help group and 50 other Lehman victims of the approximately 7,000 so-called Lehman victims in Switzerland. In previous years he acted against hidden retrocessions in the interests of investors . Since 2012 he has been taking action against Swiss banks, which do not reimburse the retrocessions owed.

In addition, he represented a large number of aggrieved investors in matters including Madoff as a member of an international law alliance, UBS Wealth Management Global Property Fund, K1, Auriga Ltd. etc. Most recently he represented the Swatch Group against UBS AG and the INFINA victims against the St. Galler Kantonalbank.

In the area of white- collar crime , in addition to corporate governance, he primarily dealt with crime due diligence. He investigated numerous economic frauds and demonstrated that certain behavioral patterns (modules) always occur in all economic crimes and that crime is thus more easily recognizable. As part of a strategy to create suspicion for economic crimes , he introduced the term “Econ Crime” in this context, which, in addition to White Collar Crime, describes a know-how crime.

In connection with the financial crisis, he developed a form of dispute settlement, the "Swiss Banking Medarp" system, a combination of mediation and arbitration . The aim is for the Swiss banks to regain confidence. In addition, he often appeared publicly for investment protection, in particular he advocated the introduction of class actions and the criminal liability of certain forms of investment advice by banks. This development should ultimately also serve the investor.

He was an expert at the United Nations Commission on International Trade Law UNCITRAL . He also held the title of Certified Fraud Examiner (CFE) and was a board member and training director of the Association of Certified Fraud Examiners of the Central & Northern European Chapter and Switzerland.

In addition to his legal activities, he was co-editor of the Musical - the online magazine "imScheinwerfer" and moderated contributions to musicals on Radio Top . Most recently he wrote a series on the history of Swiss musicals.

Works

• Banks should offer their customers fairer solutions in the event of a dispute. A plea for a new legal tool. In: Claude Baumann, Ralph Pöhner (eds.): New start: 50 ideas for a strong Swiss financial center. Verlag Neue Zürcher Zeitung , Zurich 2010, ISBN 978-3-03823-589-7 , p. 137 ff.
• Corporate governance and the Sarbanes-Oxley Act from a criminal perspective. Stämpfli Verlag, Bern 2008, ISBN 978-3-7272-0013-7 ( Treatises on Swiss law. Issue 751).
• The appraiser's criminal liability. In: Adrian Siegel, Daniel Fischer (Ed.): The neurological assessment. Orell Füssli , Zurich 2004, ISBN 3-280-07047-3 ( Swiss medico-legal manual. Vol. 1), p. 57 ff.
• New Ecocrime and New Economy. In: Hans Siegwart, Julian Mahari (Ed.): Milestones in Management. Volume X. Management & Law, Helbing & Lichtenhahn , Basel 2003, ISBN 978-3-7190-2013-2 , p. 361 ff.
• The threat to corporate finances from New Econ Crime. In: H. Siegwart (Ed.): Finance and Accounting: Yearbook 2003. WEKA-Verlag , Zurich 2003, ISBN 3-297-14100-X , pp. 205 ff.

Web links

• Daniel Fischer on the website of the law firm Fischer & Partner
• Association of Certified Fraud Examiners (Switzerland)

Individual evidence

1. ↑ Certificate of appointment as professor for Dr. Daniel Fischer ( Memento of the original from June 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 29 kB). 
2. ↑ SRH Hochschule Berlin: visiting professors in the winter semester 2009/2010 ( memento of the original from June 21, 2010 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .  
3. ↑ welt.de , March 1, 2009.
4. ↑ anleger-selbsthilfe.ch , June 7, 2010.
5. ^ Lehman victims argue with CS over 5 million francs , SF Tagesschau from April 23, 2010
6. ↑ Bonuses instead of compensation ( Memento of the original dated May 13, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , SF Rundschau from April 28, 2010.  
7. ↑ cash.ch , January 14, 2010.
8. ↑ Banks keep money that belongs to the customer ( online version , PDF version ( memento of the original from June 21, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and remove then this note. ), Balance No. 16, by Franco Tonozzi, October 11, 2006. 
9. ↑ Correct behavior is the exception , manager magazin , August 4, 2006
10. ↑ Asset managers under pressure . In: Der Spiegel . No. 39 , 2007, p. 65 ( online - September 24, 2007 ).
11. ↑ Asset managers fear wave of lawsuits . In: Der Spiegel . No. 29 , 2006, p. 59 ( online - July 17, 2006 ).
12. ↑ Payday for Asset Managers , Frankfurter Allgemeine Zeitung , July 21, 2006, No. 167, p. 23.
13. ↑ Ticking time bomb retrocessions ( PDF version ( Memento of the original from December 21, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note. ), Finanz und Wirtschaft , Daniel Fischer and Enzo Caputo, edition: 51, page: 30. 
14. ↑ judgment 4C.432 / 2005 of 22 March 2006 .
15. ↑ "The judgment affects a lot of investors" , Tages-Anzeiger , November 5, 2012
16. ↑ Many banks do not give customers what they are entitled to , Tages-Anzeiger , October 8, 2013.
17. ^ The bank robbers by Leo Müller , page 239, ISBN 978-3-430-20092-9 .
18. ↑ “A customer of mine lost over 100 million” , NZZ am Sonntag, February 22, 2009
19. ^ Madoff losses: A case for the Swiss criminal justice system , SonntagsZeitung , December 6, 2009, p. 58.
20. ↑ Madoff: When it is really fast ( Memento of the original from November 3, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , Kriminalistik Schweiz 10/2009, no. 10, pp. 573-578. 
21. ↑ The Madoff case  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , SF 1 Tagesschau from February 17, 2009.  
22. ↑ UBS is liquidating real estate funds  ( page can no longer be accessed , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Finanz und Wirtschaft December 16, 2009, edition: 98, page: 19.  
23. ↑ UBS continues to fight against cash outflows , 20 Minuten Online, December 16, 2009.
24. ↑ Shareholders refuse ex-management discharge , manager magazin , April 14, 2010.
25. ↑ Swiss banks involved in hedge fund fraud  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Sunday newspaper , November 1, 2009, p. 55.  
26. ↑ K1 scandal Haftunf checks , business daily , November 5, 2009, p. 13
27. ^ K1 scandal: investors without illusions , nt-tv , February 3, 2010
28. ↑ Hedge fund scandal: investors lose Kiener money ( Memento from February 5, 2010 in the Internet Archive ), Financial Times Deutschland , May 8, 2010.
29. ↑ Office clock  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Sunday newspaper , July 2, 2009, p. 58.  
30. ↑ Swatch definitely wants to sue UBS , Cash, January 5, 2011
31. ↑ Swatch demands 30 million francs from UBS , Tages-Anzeiger, March 10, 2011.
32. ↑ Serbs rip off compatriots in Switzerland , 20 minutes, November 15, 2010.
33. ↑ Infina fraud scandal  ( page can no longer be accessed , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , SRF 10vor10, September 25, 2013.  
34. ↑ Demonstrate Infina victims  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , SRF Tagesschau, November 2, 2013.  
35. ↑ Economic investigation spring 2009 , p. 5 .
36. ↑ Management and Law, Volume 10 by Hans Siegwart, ISBN 3-7190-2013-4 , ISBN 978-3-7190-2013-2 , p. 361.
37. ↑ New start: 50 ideas for a strong Swiss financial center. , ISBN 978-3-03823-589-7 , How banks can regain trust through new conflict resolution methods .
38. ↑ Light class action in Switzerland? , Observer , July 26, 2013
39. ↑ Sonova is threatened with further million lawsuits , 20 Minuten , April 17, 2013.
40. ↑ «Legal security is not guaranteed» , Observer , February 25, 2013.
41. ↑ No law protects bank customers from rogue advisors , Tages-Anzeiger , October 14, 2011.
42. Jump up ↑ When Banks Speculate , Observer , September 1, 2011.
43. ^ Daniel Fischer on the website of the Association of Certified Fraud Examiners - Local Chapter
44. ↑ The patients - the new musical by Marco Rima (incl. Photo series and podcast) ( Memento of the original from August 30, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .  
45. ↑ The Little Villabassa Opera - She is Coming ( Memento of the original from June 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .  
46. ↑ Tell - The Musical (report including podcast) ( Memento of the original from April 26, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. .  
47. ↑ Swiss musical, a special case? Part 1 ( Memento of the original from June 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Part 2 ( Memento of the original from June 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Part 3 ( Memento of the original from June 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .     
48. ↑ Interview in the Tages-Anzeiger on June 9, 2009, Der Jurist, who is also a journalist .