Questão jurídica principal
Whether the extradition request met the dual criminality requirement for fraud.
Decisão extraída
Yes. The alleged conduct, as described in the German warrant, corresponds to fraud under Swiss law; the indirect billing structure did not matter because the intermediary acted without knowledge of the rebates.
Fundamentação extraída
Swiss authorities were bound by the requesting state's factual account absent obvious errors. On that account, the intermediary was an innocent instrument, so the deception of insurers by means of indirect billing fulfilled fraud and dual criminality.