Ernesto Bertarelli

When Merck announced the closure of Merck Serono's Geneva headquarters in 2012, involving more than 500 job losses and hundreds of transfers, debate turned to the Bertarelli family's sale of Serono several years earlier. Bertarelli acknowledged that no guarantee of the site's long-term retention had been imposed during the sale.

State of the evidence

Closure announcement and Bertarelli's public response documented

Legal status — source text

No personal judicial proceedings

Attribution

Retrospective controversy over the terms of Serono's sale; Bertarelli had no operational responsibility when the site closed

Following Alinghi's victory, the protocol for the 33rd America's Cup triggered prolonged litigation with Golden Gate Yacht Club/BMW Oracle. The eligibility of Spanish challenger CNEV and several competition rules were challenged before New York courts, delaying the event.

State of the evidence

New York court litigation and decisions concerning challenger eligibility documented

Legal status — source text

Civil and sporting litigation; no criminal proceedings

Attribution

Direct responsibility as Alinghi's principal backer and central figure defending the disputed protocol

Emirates Team New Zealand brought actions in New York against Alinghi, AC Management and other parties, seeking damages for postponement of the Cup and alleging anti-competitive conduct connected with its organisation.

State of the evidence

Two civil actions brought by Team New Zealand documented

Legal status — source text

The actions were withdrawn in 2008; no criminal conviction

Attribution

Bertarelli was named or implicated through Alinghi and AC Management, which he controlled

In 2005, Serono reached a settlement of approximately $704 million in the United States concerning the unlawful marketing of Serostim, including practices intended to increase prescriptions of the medication for HIV-related wasting.

State of the evidence

Guilty plea by Serono Laboratories and federal settlement established

Legal status — source text

Serono paid approximately $704 million in a criminal and civil settlement; no personal criminal conviction of Ernesto Bertarelli established

Attribution

Governance responsibility as Serono executive and controlling shareholder at the time, without automatically transferring the company's criminal liability to him

In 2004, Alinghi announced the dismissal of Russell Coutts, a central figure in its 2003 victory, citing repeated contractual breaches and a conflict of interest. Coutts had criticised the team's management and his relationship with Bertarelli.

State of the evidence

Termination of contract and competing public allegations documented

Legal status — source text

Contractual dispute; no criminal proceedings

Attribution

Direct responsibility as Alinghi executive