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UBS

Swiss view Birkenfeld reward as ‘provocation’

News of the $104 million reward handed to UBS whistleblower Bradley Birkenfeld by American authorities was greeted in Switzerland with a mixture of shock, surprise, indignation and resignation.

Swiss view Birkenfeld reward as 'provocation'
Christian Democratic MP Pirmin Bischof described the US cash award as a "massive provocation" (Photo: CVP Canton Solothurn).

Birkenfeld, a former Geneva employee of the Swiss bank, was granted the record sum by the Internal Revenue Service for providing inside information about UBS’s illegal schemes to enable tax evasion by American citizens, according to the Washington-based National Whistleblowers Center.

The 47-year-old former employee is credited with providing information that forced UBS to pay a $780 million penalty and provide the names of 4,900 American clients to US authorities.

This also sparked a tax dispute between the US and Switzerland that continues to dog relations between the two countries.

Birkenfeld’s handsome reward was branded a “massive provocation against Switzerland,” by Pirmin Bischof, a Christian Democratic Party MP and a lawyer who studied in the US.

The country would respond “appropriately by remaining calm”, he said.

Christoph Blocher, controversial Swiss People’s Party MP, said the Americans have spent $104 million on “a traitor who has previously been jailed”.

Another politician, Hans-Peter Portmann of the Liberal party in Zurich, called the reward “decadent”.

A spokesman from the Swiss Bankers Association declined comment.
 
UBS is also officially remaining mum, although newspaper Tages Anzeiger said “bitter comments” were heard behind closed doors at the bank over the news.  

Birkenfeld’s reward marks a victory for employees who snitch on their employers, but for the Swiss financial sector “this victory amounts to a defeat”, said Le Temps newspaper in an editorial published on its website.

The millions of dollars given to the former UBS banker could incite other bankers who have recently lost their jobs to provide more information to US authorities, the newspaper says.

Birkenfeld, who only last month was released from prison after serving a jail sentence for his involvement in aiding tax evasion, is being rewarded for weakening UBS and Swiss banking secrecy, Le Temps said.

But the dollars he received “also represent a victory for whistleblowers, without whom the big scandals cannot emerge”.

Birkenfeld was awarded the money even before his 40-month prison term had been completely served, Tages Anzeiger reported.

The Zurich-based newspaper noted that the former UBS employee was sentenced in August 2009 for helping a billionaire hide $200 million from US tax authorities through accounts in Switzerland and Liechtenstein.

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FRANCE

Switzerland’s UBS faces €3.7-billion fine as crucial court ruling looms

A Paris court will rule Wednesday on whether Swiss banking giant UBS illegally tried to convince French clients to hide billions of euros in Switzerland, charges which prompted prosecutors to seek a record €3.7-billion fine.

Switzerland's UBS faces €3.7-billion fine as crucial court ruling looms
UBS denies charges it helped French clients evade tax and says it will defend itself "vigorously". Photo: AFP

The trial opened last autumn after seven years of investigations, launched when several former employees came forward with claims of unlawful conduct. 

The move came as authorities across Europe cracked down on tax evasion and dubious banking practices in the wake of the global financial crisis which erupted in 2007.

The pressure eventually forced Switzerland to effectively end its tradition of ironclad bank secrecy, by joining more than 90 countries which agreed to automatically share more client account information among each other.

In the UBS case, French authorities determined that more than €10 billion had been kept from the eyes of tax officials between 2004 and 2012.

The National Financial Prosecutor's office urged a €3.7-billion ($4.2 billion) fine, the largest ever sought in France, saying the bank and its directors “were perfectly aware that they were breaking French law” by unlawfully soliciting clients and helping them evade French taxes.

They also sought a €15 million fine for UBS's French subsidiary, and fines of up to €500,000 for six top executives, including Raoul Weil, the former third-in-command at UBS, and Patrick de Fayet, formerly the second-ranking executive for its French operations.

In addition, lawyers for the French state, which is a plaintiff in the case, asked for €1.6 billion in damages.

UBS, which was ordered to post €1.1 billion in bail, has denied the charges and said its operations complied with Swiss law.

It also says that it was “unaware” that some French clients had failed to declare assets in Switzerland, and that prosecutors have not produced any proof, such as client names or account numbers, to back up their fraud claims.

The case is being closely watched by industry executives at a time when Paris and other European capitals are hoping to lure multinational banks from London as Brexit looms.

'Milk tickets'

UBS is accused of organising or inviting prospective clients to prestigious outings such as the French Open or luxury hunting retreats, where UBS's Swiss bankers would meet their “prospects” — something they were not allowed to do under French law.

UBS France directors then used notes called “milk tickets” to keep track of how many “milk cans” – amounts of money – were transferred to Swiss accounts.

They say the system was merely a way to balance out bonuses due to French bankers who were effectively losing a client to their Swiss peers, and the notes were later destroyed.

But investigators claim the “milk tickets” were proof that UBS had a parallel accounting system for keeping the transfers off its official books.

Only one “milk ticket” was found during the inquiry, prompting defence lawyers to argue there was no proof to justify claims of a massive fraud.

Yet prosecutors pointed to the roughly 3,700 French UBS clients who later took advantage of an amnesty offer to regularise their tax declarations with the French authorities.

UBS has been embroiled in a series of similar cases, most notably in the United States, where the authorities said the bank used Switzerland's banking secrecy laws to help rich clients avoid taxes.

In 2009 it paid $780 million to settle charges it helped thousands of American citizens hide money from the Internal Revenue Service, and agreed to turn over information on hundreds of clients, severely denting Switzerland's long tradition of shielding banking clients and their operations from prying eyes.

That case was also prompted by a former American UBS employee turned whistleblower, Bradley Birkenfeld, whose book “Lucifer's Banker: The Untold Story of How I Destroyed Swiss Bank Secrecy” was published in 2016.

Last November UBS was again sued by US authorities, who accuse the bank of misleading investors over the sale of mortgage-backed securities in 2006 and 2007, just before the financial crisis struck.

UBS has denied the charges and said it will defend itself “vigorously”.