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Thought Leaders

Thought Leaders

Benjamin Borsodi

Benjamin Borsodi

Schellenberg Wittmer Ltd15bis, rue des AlpesPO Box 2088GenevaGenevaSwitzerland1211

Thought Leader

WWL Ranking: Global Elite Thought Leader
WWL Ranking: Thought Leader
WWL Ranking: Thought Leader

WWL says

Benjamin Borsodi is one of the most prominent white-collar crime specialists in the market, who regularly works with corporate entities and executives in high-stakes internal investigations and disputes.

Questions & Answers

Benjamin Borsodi is head of the internal corporate investigations group in Geneva. His areas of expertise cover fraud and business crime; international mutual legal assistance; corporate investigations; asset tracing and recovery; and compliance, as well as banking litigation. Benjamin has authored several publications on business crime-related issues and is a frequent speaker at international conferences.

What attracted you to a career in white-collar and corporate crime?

Criminal law and criminal procedure were already among my favourite topics at university. I initially started my career as an associate in the corporate department of another major Swiss law firm, but quickly realised that my interest lay in the litigation space, and more specifically in white-collar crime-related work.

I then joined Schellenberg Wittmer and was promptly assigned to the case of the Geneva State Bank collapse, which was deemed one of the major financial debacles of the 20th century in Switzerland. The criminal proceedings were conducted by a team of no less than four investigative magistrates and it lasted well over a decade.

From that moment on, I knew I wanted to dedicate my career to the field of white-collar crime and investigation.

To what extent is technology currently revolutionising the practice area?

Technology is a major factor in dealing with large-scale investigations where document review is deemed a key element. Artificial intelligence will no doubt have an increasingly important impact in the conduct of such mandates.

A couple of years ago Schellenberg Wittmer implemented FlexLaw, an entity that offers efficient and flexible legal support services in areas that are generally resource-intensive such as large-scale document reviews and e-discovery.

What are the main challenges currently facing those working in the investigations and asset recovery space?

Legal privilege is certainly one of the hot topics in most jurisdictions. There is uncertainty at different levels and case law tends to prove somewhat unpredictable in this field.

Corporations and practitioners alike would welcome appropriate protection for privileged communications exchanged within the context of internal investigations. Recent approaches developed by courts in some countries appear to lack a proper understanding of the necessity to implement full privilege regarding attorney-client communication.

What are the main issues associated with the need for cross-border cooperation with regulatory authorities?

Cultural differences in the context of cross-border investigations can prove a real challenge. In addition, certain jurisdictions enjoy a specific set of rules and regulations that can be perceived as obstacles in the conduct of proceedings with ramifications in different countries. This is typically the case with Switzerland and its “blocking statutes”.

Under these circumstances, I always favour the use of local counsel, in view of interacting with regulatory authorities in other jurisdictions.

What is the most memorable case you have been a part of?

As previously mentioned, my involvement in the case surrounding the collapse of the Geneva State Bank at the end of the 1990s was a turning point in my career. This was a matter where our firm was acting on behalf of one of the two individuals employed by the bank’s former auditor, who was charged in the proceedings. 

We “visited” all possible aspects of the code of criminal procedure with, at some point, an average of two to three appeals filed each month against decisions issued by the pool of investigate magistrates.

After over a decade of judicial battles our client was acquitted.

How does Schellenberg Wittmer distinguish itself from the competition in the Swiss market?

Creativity, reactivity and agility are probably three of the main features of Schellenberg Wittmer in the field of white-collar crime and investigation. We recognise the opportunities when they arise and implement necessary means to seize them. 

Our white-collar and investigation practice is additionally the largest in Switzerland, and it continues to grow with the addition of two new partners and several associates in 2019.

As managing partner at Schellenberg Wittmer, what were your main priorities for the firm’s development in the future?

Sustainability has always been a priority when I acted as managing partner of the firm up to May 2019. This implied a steady growth in terms of financials and a focus on diversity at a partner level.

What is the best piece of career advice you have ever received?

Life can prove long! This was said by my then-mentor in the context of an acrimonious piece of litigation, as we were discussing our next move like chess players. The point was: we, lawyers, should be adequately aggressive in defending a case, but refrain from using overzealous strategies or attacks. Today’s adverse party is a potential client of tomorrow, and opposing counsel might be an ally in the next assignment.

Global Leader

Asset Recovery 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Benjamin Borsodi is a fraud and white-collar crime specialist, singled out for his expert handling of asset-tracing proceedings and mutual legal assistance matters.

Biography

Benjamin Borsodi is a member of Schellenberg Wittmer's dispute resolution practice group. As head of the internal corporate investigations group in Geneva, his areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, asset tracing and recovery and compliance as well as banking litigation.

Recent examples of Benjamin's expertise include conducting an internal investigation on behalf of a leading commodities trading company in the context of bribery and money laundering allegations; acting on behalf of a sovereign state to recover substantial assets dissipated through a multi-jurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co-authored several publications on business crime-related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

WWL Ranking: Recommended

WWL says

Benjamin Borsodi impresses clients with “his knowledge of business crime” and is routinely involved in complex corporate investigations and fraud matters.

Biography

Benjamin Borsodi is a partner in Schellenberg Wittmer's dispute resolution practice group. As head of the internal corporate investigations group in Geneva, his areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, asset tracing and recovery and compliance as well as banking litigation.

Recent examples of Benjamin's expertise include conducting an internal investigation on behalf of a leading commodities trading company in the context of bribery and money laundering allegations; acting on behalf of a sovereign state to recover substantial assets dissipated through a multi-jurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co-authored several publications on business crime-related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

WWL Ranking: Recommended

WWL says

Benjamin Borsodi comes highly recommended by sources as one of the most impressive white-collar experts in the Swiss market. 

Biography

Benjamin Borsodi is a partner in Schellenberg Wittmer's dispute resolution practice group. As head of the internal corporate investigations group in Geneva, his areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, asset tracing and recovery and compliance as well as banking litigation.

Recent examples of Benjamin's expertise include conducting an internal investigation on behalf of a leading commodities trading company in the context of bribery and money laundering allegations; acting on behalf of a sovereign state to recover substantial assets dissipated through a multi-jurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co-authored several publications on business crime-related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

Investigations 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Benjamin Borsodi is regarded as an assiduous and knowledgeable practitioner with experience defending clients facing corruption and criminal allegations in high-profile cases.

Biography

Benjamin Borsodi is a member of Schellenberg Wittmer's dispute resolution practice group. As head of the internal corporate investigations group in Geneva, his areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, asset tracing and recovery and compliance as well as banking litigation.

Recent examples of Benjamin's expertise include conducting an internal investigation on behalf of a leading commodities trading company in the context of bribery and money laundering allegations; acting on behalf of a sovereign state to recover substantial assets dissipated through a multijurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; and assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co- authored several publications on business crime-related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

Litigation 2019

Professional Biography

WWL Ranking: Recommended

WWL says

Benjamin Borsodi is a prominent figure in the Swiss market who is held in high esteem for his exceptional work representing clients in commercial and financial litigation.

Biography

Benjamin Borsodi is a partner in Schellenberg Wittmer's dispute resolution practice group and head of the internal corporate investigations group in Geneva. His areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, compliance, asset tracing and recovery as well as banking and commercial litigation.

Recent examples of Benjamin's expertise include representing a leading commodities trading company in the context of bribery and money laundering allegations that led to the third largest corporate criminal liability plea deal in Switzerland; acting on behalf of a sovereign state to recover substantial assets dissipated through a multi-jurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co- authored several publications on business crime related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

National Leader

Switzerland - Asset Recovery 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Benjamin Borsodi is nominated for his “know-how and practical approach” and is considered “a star in the scene”.

Biography

Benjamin Borsodi is a member of Schellenberg Wittmer's dispute resolution practice group. As head of the internal corporate investigations group in Geneva, his areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, asset tracing and recovery and compliance as well as banking litigation.

Recent examples of Benjamin's expertise include conducting an internal investigation on behalf of a leading commodities trading company in the context of bribery and money laundering allegations; acting on behalf of a sovereign state to recover substantial assets dissipated through a multi-jurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co-authored several publications on business crime-related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

WWL Ranking: Recommended

WWL says

Benjamin Borsodi is a “star” with a ‘‘practical approach” and “sincere professionalism” when defending clients on corporate crime. 

Biography

Benjamin Borsodi is a member of Schellenberg Wittmer's dispute resolution practice group. As head of the internal corporate investigations group in Geneva, his areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, asset tracing and recovery and compliance as well as banking litigation.

Recent examples of Benjamin's expertise include conducting an internal investigation on behalf of a leading commodities trading company in the context of bribery and money laundering allegations; acting on behalf of a sovereign state to recover substantial assets dissipated through a multi-jurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co-authored several publications on business crime-related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

Switzerland - Investigations 2020

Professional Biography

WWL Ranking: Recommended

WWL says

The “fantastic” Benjamin Borsodi is hailed by peers as an expert practitioner whose “great analysis” makes him a go-to in the Swiss market for sophisticated corporate investigations. 

Biography

Benjamin Borsodi is a member of Schellenberg Wittmer's dispute resolution practice group. As head of the internal corporate investigations group in Geneva, his areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, asset tracing and recovery and compliance as well as banking litigation.

Recent examples of Benjamin's expertise include conducting an internal investigation on behalf of a leading commodities trading company in the context of bribery and money laundering allegations; acting on behalf of a sovereign state to recover substantial assets dissipated through a multijurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; and assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co- authored several publications on business crime-related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

Switzerland - Litigation 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Benjamin Borsodi is "a very clever lawyer" whose expertise lies in fraud, business crime and asset recovery proceedings.

Biography

Benjamin Borsodi is a member of Schellenberg Wittmer's dispute resolution practice group and head of the internal corporate investigations group in Geneva. His areas of practice cover fraud and business crime, international mutual legal assistance, corporate investigations, compliance, asset tracing and recovery as well as banking and commercial litigation.

Recent examples of Benjamin's expertise include representing a leading commodities trading company in the context of bribery and money laundering allegations that led to the third largest corporate criminal liability plea deal in Switzerland; acting on behalf of a sovereign state to recover substantial assets dissipated through a multi-jurisdictional fraud and bribery scheme; obtaining the release of significant assets for a Russian individual entangled in allegations of a "pump-and-dump" market manipulation scheme; defending one of the major Brazilian construction companies for the Swiss aspects of the Petrobras scandal; assisting the trustees and beneficiaries of a trust in the context of massive assets' misappropriation and breach of trust.

Benjamin is active in several professional associations such as the International Bar Association, the American Bar Association and the European Criminal Bar Association. He has authored and co- authored several publications on business crime related issues and is a frequent speaker at international conferences, which includes regular engagements at C5 events, particularly in the fields of fraud and asset recovery.

Benjamin graduated from the University of Geneva with a degree in economics in 1994 followed by a degree in law in 1996. He was admitted to the Swiss Bar in 1999 and to the New York Bar in 2001, after earning a Master of Laws from Georgetown University law centre in 2000.

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