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- The Federal Customs Administration is demanding seven million francs from Urs Schwarzenbach for tax evasion.
- The billionaire’s lawyer advocates a statute of limitations.
- The Zurich District Court rejected this request.
- The trial is taking place without Urs Schwarzenbach. The 72-year-old does not appear in court due to the corona pandemic.
At the center of the process are 88 works of art worth 100 million francs, including images by greats like Picasso and Andy Warhol. Schwarzenbach is said to have brought this illegally to Switzerland with the help of his then-lawyer and gallery owner. Customs accuse the three men of having avoided import taxes totaling more than 11.4 million francs.
According to the indictment, the defendant used a special procedure: galleries can import works of art duty-free because they usually re-export the paintings, sculptures or installations soon. But Schwarzenbach is said to have used this so-called “relocation procedure” for his private collection.
The billionaire cooperated with a gallery, which, according to customs, never had the works. For example, the other two defendants clarified the duty-free importation of works of art for Schwarzenbach. The two men are said to have simulated contracts.
The customs administration demands a fine of seven million francs for Urs Schwarzenbach. His lawyer demands that the case be closed. The reason for this: a prescription period has expired. Because the investigations against his client had already started at the end of 2012, and not only with the formal opening in March 2013, as stated by customs. Under the law, an investigation that has begun must be completed in five years, according to the lawyer. The Zurich District Court has rejected the request for limitation.
Urs Schwarzenbach has been arguing with the Federal Customs Administration for years. The art collector is also in conflict with the tax authorities of the federal government and the canton of Zurich, not only because he is said to have illegally brought works of art across the border. The owner of Dolder also marketed artwork on a larger scale without declaring it.
In 2017, armed customs officers seized around 30 plants during a raid on the luxury hotel Dolder. Last year, Urs Schwarzenbach prevented the works from being forcibly auctioned with a super-provisional court order. But he did not pay an advance on time. Therefore, the auction ban became obsolete.