THE Swiss attorney-general has confirmed that it has initiated criminal proceedings against Xavier Andre Justo, who is suspected to have committed an offence under Article 273 of the Swiss Criminal Code (SCC) for disclosing business secrets to private parties.

The Office of the Attorney-General (OAG) ordered the opening of criminal proceedings on November 19 last year after it received a complaint against the 1Malaysia Development Bhd (1MDB) whistle-blower from an unnamed suspect in the state fund’s criminal proceedings.

“On December 11, 2017, the OAG acknowledged receipt of a criminal complaint from one of the suspected persons in the criminal proceedings conducted within the framework of the 1MDB case against the person you mentioned,” it said in an email response to The Malaysian Insight, referring to Justo as “the person you mentioned”.

“It was alleged that the person could have supposedly violated, in particular, Article 273 of the Swiss Criminal Code SCC (Industrial Espionage),” the email read.

“In view of the authorisation to prosecute issued by the Head of the Department of Justice and Police on September 17, 2018, after examination of the case and pursuant to Article 309 of the Swiss Criminal Procedure Code, the OAG ordered on November 19, 2018, the opening of criminal proceedings against the person you mentioned, who is suspected to have committed an offence under Article 273 SCC.

“As always, the presumption of innocence applies to the person suspected in this case, and the OAG has no further comments to make on these ongoing criminal proceedings as things stand at present.”

Justo today dismissed reports of the investigation, saying that it was an ‘administrative process’ and ‘nothing important or interesting’.

According to legal financial website the International Financial Law Review, the purpose of article 273 SCC “is to protect territorial sovereignty of Switzerland and its economic independence and security by prohibiting the disclosure of trade or business secrets to foreign authorities and private persons”.

The act allows for a maximum sentence of three years’ imprisonment and a fine for those found guilty, according to the site.

Justo, who has recently taken residence in Malaysia, had worked for Saudi Arabia’s PetroSaudi International (PSI) and was convicted in Thailand of trying to blackmail his ex-employer with confidential documents stolen from the company.

The documents revealed that billions of ringgit were siphoned off 1MDB under the guise of a deal with PetroSaudi.

He had also passed the data to The Edge Media Group with the promise of payment, but was never paid.

Last month, The Edge Media Group chairman gave Justo US$2 million (RM8.2 million) for his role in exposing the 1MDB scandal. 

As a result of the leaked documents, whistle-blower site Sarawak Report and the Wall Street Journal revealed that 1MDB money had also ended up in former prime minister Najib Razak’s bank accounts.

Najib, who is facing criminal charges in relation to the 1MDB scandal, has repeatedly denied abusing public funds for personal gain. – February 18, 2019.