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CAHUZAC

French ex-budget minister goes on trial for tax fraud

Former French budget minister Jerome Cahuzac, who resigned in disgrace in 2013 after admitting to having a secret Swiss bank account, goes on trial Monday for tax fraud.

French ex-budget minister goes on trial for tax fraud
Jérôme Cahuzac. Photo: AFP

The 63-year-old faces up to seven years in jail and €2million ($2.2 million) in fines if found guilty of stashing offshore his earnings from a lucrative hair-transplant business he ran with his now ex-wife.

The Cahuzac scandal was the first of a series that have tarnished the presidency of Francois Hollande, who had promised a squeaky clean government after succeeding Nicolas Sarkozy, the subject of several graft investigations, in May 2012.

A media scrum is expected to descend on the court for the start of the trial, even if an opening defence gambit may prompt a delay of several months.

The spectacular scandal saw Hollande initially backing Cahuzac's vehement denials after the Mediapart news website first broke the story in December 2012, posting a compromising audio recording.

Cahuzac – whose remit had included cracking down on tax fraud – promptly lodged a defamation suit against Mediapart.

But the trained surgeon, still protesting his innocence, resigned his post after a formal investigation was launched in March 2013.

Two weeks later, he dramatically confessed to having held the account with Swiss banking giant UBS and said he was “consumed by remorse”.

Cahuzac was immediately hounded by the media, telling a newspaper he had to move “every two days” to escape the glare.

The scandal prompted Hollande to order his ministers to disclose their personal wealth, a first in France, where personal finances are rarely discussed and the wealth of public officials had long been considered a private matter.

A 'family affair'

Prosecutors described the tax fraud as “determined”  and “sophisticated” as well as a “family affair” including Cazuhac's now ex-wife Patricia Menard, a dermatologist who is a co-defendant in the case.

Also in the dock are their advisers, Swiss banker Francois Reyl and Dubai-based lawyer Philippe Houman.

The Reyl bank of Geneva, which in 2009 allegedly helped Cahuzac transfer funds to Singapore to avoid detection by French tax authorities, is also being tried.

The story of the fraud, carried out between 1992 and 2013, reads like a cross between a cheap airport novel and an international financial crime manual.

In one episode, Cahuzac, using the codename “Birdie”, allegedly received two cash payments of €10,000 each in the streets of Paris.

A “friend” first opened an account with UBS in 1992, then Cahuzac himself opened one in his own name in 1993. In 1998, all the funds were allegedly transferred to Reyl, totalling some €600,000 by 2009.

That was when Switzerland's hallowed tradition of banking secrecy began to fall apart.

Cahuzac then allegedly channelled the funds to Singapore, taking a labyrinthine route through a shell company registered in the Seychelles set up by Houman of Dubai.

Menard is alleged to have deposited cheques from British clients in a secret account with an Isle of Man bank, which press reports said held some €2.5 million. She then opened her own separate account in Switzerland, reportedly containing one million euros, as her marriage with Cahuzac began falling apart.

Even Cahuzac's mother played a role.

While she has not been charged, her bank accounts were allegedly used to launder some 200,000 euros worth of cheques written by the hair clinic's clients between 2003 and 2010.

The defence on Monday is expected to challenge the constitutionality of the case, arguing that Cahuzac has already settled his debts with the tax authorities and should not be tried twice over the same matter.

If France's highest court of appeals decides to refer the question to the constitutional court, the trial could be delayed. If not, it is scheduled to wrap up on February 18th.

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TAX EVASION

Swiss banks keen to avoid tax cheats: experts

Amid a massive scandal involving France's former budget minister and an undeclared Swiss bank account, Swiss banks are more eager than ever to kick out tax cheats and clear their names, bankers and industry experts say.

Swiss banks keen to avoid tax cheats: experts
UBS counter hall in Zurich. Photo: UBS

Tax evasion has become "a real problem for Swiss banks, because it is damaging their reputation" an analyst with a large Zurich-based bank told AFP, requesting anonymity.
 
 "A few years ago, the banks saw taxation as the client's problem, but 
today, that has changed. It has become the bank's problem," he added.
   
A scandal surrounding former French budget minister Jerome Cahuzac, who 
last week was charged with tax fraud after admitting to having an undeclared foreign bank account, has not only sent shockwaves through the French
political establishment, but also through the Swiss banking sector.
   
Cahuzac — once in charge of tackling tax evasion — has admitted to 
opening an undeclared Swiss bank account in 1992, and, after Switzerland pledged to cooperate with foreign tax authorities in 2009, transferring the some 600,000 euros ($770,000) to Singapore.
   
Switzerland with its cherished banking secrecy rules was long considered a 
prime destination for undeclared funds, but the country has recently been cracking down in a bid to clear its reputation as a tax haven.
 
"We are moving towards a model of (accepting only) declared funds, but I 
can't tell you how long or what shape it will take," a high-level executive at one of Switzerland's main banks told AFP on condition of anonymity.
   
Under pressure from all sides, Swiss banks have gradually been trying to 
solve the problem, case by case, country by country.
 
After Washington a few years ago began aggressively going after Swiss banks 
enabling US clients to evade the taxman, a solution has been reached that basically blocks banks from hosting undeclared accounts for Americans.
   
And Switzerland reached agreements last year with Britain, Austria and 
Germany to ease its bank secrecy and ensure that their nationals' holdings in Swiss banks were taxed.
   
The accords with London and Vienna took effect on January 1st, but the German 
parliament ended up blocking that country's deal late last year, considering it too easy on tax cheats.

Banks have begun closing undeclared accounts 

Even though the German deal fell through, two large Swiss banks, Credit Suisse and Julius Baer, have opted to start kicking out German clients who refuse to declare their holdings back home.
 
While no measures have yet been announced when it comes to French nationals 
with Swiss bank accounts, Geneva tax attorney Philippe Kenel told AFP he believed they would soon receive the same treatment as their German counterparts.
   
"The large Swiss banks first, and then the small ones, will begin closing 
French citizens' undeclared accounts," he predicted.
   
"This is already happening when it comes to German clients, and it will 
happen with French clients as well," he added.
 
 A Geneva banker who asked not to be named agreed.

 
"What is clear today is that the number of clients with undeclared accounts 
will shrink," he said.
 
Closing the door on all tax-cheating clients could be painful exercise for 
a number of Swiss banks.
   
According to a banking law professor at the University of Geneva, who did 
not want his name published, more than half of the European funds stashed away in Swiss bank accounts are undeclared.
 
In practice, however, the Swiss banks can do little to weed out clients 
intent on cheating the system.
   
Demanding that all clients provide full tax returns from their home 
countries is considered mission impossible, due to the mountains of paperwork and since most clients would likely refuse outright, banking industry sources say.
 
Instead, banks are opting to have clients sign a document certifying that 
their tax papers are in order, and blindly trusting that they are telling the truth.
   
Cahuzac, for instance, reportedly handed over a "bogus" certificate to the 
Singapore branch of a wary Julius Bär bank, purportedly showing that his money had been declared to tax authorities.
   
Convinced that he was telling the truth, the bank had agreed to transfer 
his funds to Singapore.
   
According to the latest available statistics from Switzerland's central 
bank, Swiss banks in 2011 managed 31.78 billion francs (26 billion euros) for French clients.
   
That is not counting the some 2.55 billion francs that Swiss trusts 
handled for French nationals that year.

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