Samantha Salsench

Samantha Salsench

Associate
Baker McKenzie Switzerland AG

Biography

Samantha Salsench is an associate in the Firm's Zürich office, where she is a member of the Dispute Resolution and Investigations, Compliance & Ethics practice groups. She is also part of the Trade Law team.

Before joining the Zurich office, she worked over 6 years with the Dispute Resolution team of the Barcelona office.

Practice Focus

Samantha has broad experience in white collar crime litigation, having represented natural and legal persons before all instances of Spanish courts, assuming the roles of defense counsel and private prosecution. She has also advised on, coordinated or participated in internal investigations, very frequently with cross-border implications and related to judicial proceedings. She also regularly advises corporations with respect to the preparation or updating of their criminal-law related compliance programs (including training to employees and periodical assessments).

Representative Legal Matters

  • Represented a defendant from Russia before the Audiencia Nacional in the Zed case.
  • Represented several directors of a leading Dutch corporate secretarial services provider in a criminal case before the Audiencia Nacional for alleged fraud, forgery, money laundering and disloyal administration in relation to real estate transactions in Mexico funded by several Spanish financial institutions before their public intervention.
  • Represented or advised subsidiaries of a global leader in the testing, inspection and certification sector, and/or their employees and directors, in or with respect to several criminal proceedings and internal investigations in Spain.
  • Acted as private prosecution for a Spanish investment company in a criminal case against a Belgian individual for fraud and forgery related to a real estate project.
  • Advised several corporations with respect to cyber-attacks.
  • Significant experience in advising corporations in cases of CEO fraud or in representing them in criminal proceedings to recover the defrauded funds.
  • Represented a Cypriot financial services company and its employees in several criminal proceedings in Spain, acting as private prosecution in cases of alleged defamation and acting as defense counsel in cases of alleged fraud against investors.
  • Represented a leading wine distributor and its top directors in a case for alleged crimes against industrial property, fraud, fraudulent advertising and forgery in respect of several Spanish denominations of origin.
  • Represented a leading social network company involved as direct civil liable in a criminal case instituted due to the publication of defamatory messages in an account of a user. 
  • Represented the owners and directors of App developers and intermediary services providers in a case of alleged fraud committed with regards to services charged with additional tariffication numbers /Premium-SMS numbers.

Professional Associations and Memberships

  • Barcelona Bar Association (ICAB)
  • Associació de Becaris de la Fundació "la Caixa"
  • DAAD - Alumni

Corporate Responsibility

Samantha participates every year as evaluator and judge in the IBA ICC Moot Court organized by the Grotius Centre for International Legal Studies of the Leiden University.

Admissions

  • Switzerland in accordance with Art. 28 BGFA (2022)
  • List of Assistants to Counsel of the International Criminal Court (2021)
  • Barcelona~Spain (2008)

Education

  • Humboldt University of Berlin (Dr. iur. International and National Criminal Law and Human Rights Law, magna cum laude) (2020)
  • University of Galway - Irish Center for Human Rights (LL.M. in International Criminal Law, first class honors) (2011)
  • Universitat Ramon Llull - ESADE Law School (Lic. iur.) (2008)

Languages

  • Spanish
  • Catalan
  • English
  • German

Previous Offices

  • Barcelona
  • Author, “Francoism Facing Justice: Enforced Disappearances before Spanish Courts”, Journal of International Criminal Justice 11 (2013), pp. 463-483.•
  • Co-Author, “Restorative Justice in Spain”, in Angelika Pitsela and Elisavet Symeonidou-Kastanidou (Eds.), Restorative Justice in Criminal Matters: Comparative Research in 11 European Countries, Sakkoulas Publications (Athens-Thessaloniki 2013), pp. 213-247.
  • Co-Author, “Restorative justice and mediation in penal matters in Europe: Spain”, in Johanna Grzywa-Holten, Philip Horsfield and FriederDünkel (Eds.), Restorative Justice and Mediation in Penal Matters, Forum Verlag Godesberg (Berlin 2014), pp. 855-890.
  • Co-Author, "Spain", in Frieder Dünkel, Philip Horsfield and Andrea Parosanu (Eds.), European research on restorative juvenile justice. Volume I Research and Selection of the Most Effective Juvenile Restorative Justice Practices in Europe: Snapshots from 28 EU Member States, International Juvenile Justice Observatory (2015), pp. 165-170.