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- The trial against billionaire Urs Schwarzenbach will continue in mid-January 2021.
- On the first day of the trial, the Federal Customs Administration demanded seven million francs from the defendants for tax evasion.
- Urs Schwarzenbach, 72, did not appear in court due to the corona pandemic.
Customs accused Schwarzenbach of illegally bringing more than 80 works of art to Switzerland thanks to a special procedure. His attorney at the time and a gallery owner would have helped him with this. The catch: Galleries can import artwork duty-free because they usually re-export the images, sculptures, or installations shortly.
But Schwarzenbach is said to have used this so-called “relocation procedure” for his private collection. According to customs, the billionaire cooperated with a gallery, which, however, never had the works. According to the customs administration, the special procedure only served to prevent Schwarzenbach from having to pay taxes.
On the first day of the trial, the judge questioned the also accused owner of the gallery. He was the only one of the three defendants at the scene. The other two defendants were exempted from the process due to the corona pandemic.
The gallery owner admitted that Schwarzenbach exhibited the imported works of art at his hotel. The images were never actually sold. However, Schwarzenbach’s attorney upheld an acquittal for his client. He argued that everything had happened legally: the “relocation procedure” did not evade taxes. Rather, these would be postponed to a later date when the artwork changes hands.
At the beginning of the negotiation, Urs Schwarzenbach’s lawyer had asked for the proceedings to be suspended. 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 rejected the statute of limitations, as did the other two defendants. The second day of negotiations will take place in mid-January 2021.
The conflict has been around for a long time
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 brought artwork across the border illegally. 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.