Insolvency Fraud



Insolvency Fraud

You have a debtor who claims to be unable to repay your debt because he declares himself insolvent? But you have a suspicion that this is just an appearance of not having to meet your outstanding debts? Detective Bayo can initiate an investigation into this person’s current, actual lifestyle and spending patterns.

If the debtor is unwilling to pay a significant debt then it may be that they gave away some of their assets or sold real estate in order to escape the claims. However, sometimes it is not easy to prove fraudulent insolvency and this has already been put into effect years before in order to avoid paying outstanding claims.


However, if you need to receive money from someone who makes themselves insolvent, you may be able to file a criminal complaint. After all, making yourself fraudulently insolvent is a crime punishable by prison sentences and/or fines. So reads the excerpt from the criminal law:

Art 490 bis Sw.: With imprisonment from one month to two years and with a fine from one hundred francs to five hundred thousand francs or with one of these punishments alone shall be punished he who has fraudulently worked his insolvency and has not fulfilled the obligations incumbent upon him.

If you also file a civil suit in such a criminal action, you can also seek damages and recovery of the costs incurred in gathering evidence. It is also possible to seek damages from the co-perpetrator or accomplices of the crime. Against the co-perpetrator or accomplice, the criminal action does lapse when he returns the goods handed over to him (Art. 490 bis Sw.).

Bank account information is shielded

However, it is important to note that it is not possible to know directly how much money a person has in his or her bank account. Bank account information is confidential and can only be obtained through authorized channels. Our research focuses on other techniques, such as thoroughly examining financial documents and analyzing financial patterns, to identify any irregularities in a person’s financial behavior.

Collaboration with Bayo

With a report from Detective Bayo, it is possible to file such a criminal complaint. We gather concrete evidence if there is fraud. We can survey your debtor’s general, current lifestyle so that you can use this report to prove that the incapacity is fraudulent.

At Detective Bayo, we always work on a customized basis and look at each case individually. Don’t hesitate to contact us via our contact form so we can see how we can help you further and make determinations in the most efficient manner.

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