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Wednesday 02 September 2020 11:22 am  |  Updated:  Wednesday 02 September 2020 11:57 am

Swiss regulator starts action against Credit Suisse over spying claims

By: James Booth

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Switzerland’s financial supervisor has opened enforcement proceedings against Credit Suisse over a spying scandal that led to the ousting of former chief executive Tidjane Thiam and tarnished its reputation.

The move by the Swiss Financial Market Supervisory Authority (FINMA) intensifies the regulatory pressure on Credit Suisse and follows the completion of a review of the bank’s corporate governance by an independent auditor and its use of electronic communications in connection with the surveillance of former employees.

FINMA said today it will pursue indications of violations of supervisory law and in particular the question of how these activities were documented and controlled.

Credit Suisse said it would cooperate “to ensure a complete and expeditious conclusion of the review of this episode and incorporate lessons learned.”

The bank had tried to remove the auditor, Thomas Werlen, appointed by FINMA as part of its probe into the bank, because his law firm Quinn Emanuel Urquhart & Sullivan had been involved in legal cases against it.

Credit Suisse’s appeal of a lower court decision that backed Werlen’s appointment is pending in the Swiss Federal Supreme Court.

FINMA declined to comment on how Credit Suisse’s ongoing appeal and the pending court decision could impact its enforcement proceedings.

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Credit Suisse reiterated today that spying on employees was not part of its culture.

Revelations of corporate espionage erupted last year when it emerged Credit Suisse had been snooping on former wealth management boss Iqbal Khan, who was leaving for rival UBS, and former human resources head Peter Goerke.

The seven-day spying operation, which was sparked by fears that Khan might poach fellow employers to join him in his new role at UBS, came to light after Khan noticed he was being trailed while out on a shopping trip with his wife.

After being chased through Zurich’s quiet business district Khan reportedly stepped out of his car and started to take photos of the license plate of the private investigator’s vehicle.

The investigator then allegedly told Khan to stop taking photos and hand over his phone, before Khan started to shout for police and the private eye left.

An internal Credit Suisse probe concluded that Thiam didn’t know about the spying, and that operations head Pierre-Olivier Bouee was responsible. Bouee, a longtime confidant of Thiam, was fired late last year and has not commented publicly on the scandal.

Thiam resigned in February and Credit Suisse hired Thomas Gottstein, a bank veteran, to replace him.

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