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TAX FRAUD

French court hits Swiss bank UBS with record €3.7 billion fine in tax fraud case

A Paris court on Wednesday fined Swiss banking giant UBS 3.7 billion euros ($4.2 billion) in a tax fraud case, a record for France.

French court hits Swiss bank UBS with record €3.7 billion fine in tax fraud case
Photo: AFP

The bank was convicted of illegally helping French clients to hide billions of euros from French tax authorities.

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 had 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 had 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, had denied the charges and said its operations complied with Swiss law.

It also said 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 was 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.

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TAX FRAUD

Denmark hits German bank with multi-million euro fine over tax fraud

Denmark slapped a German bank with a fine of 110 million Danish kroner (14.7 million euros) on Monday in a case which is part of the biggest fraud scandal the Scandinavian country has seen.

Denmark hits German bank with multi-million euro fine over tax fraud
Denmark's Tax Authority (Skattestyrelsen) in Copenhagen. Photo: Niels Christian Vilmann/Ritzau Scanpix

The case relates to the European “cum-ex” tax scam. 

North Channel Bank was found guilty of facilitating “1.1 billion kroner (that) was unjustifiably paid out from the Danish treasury,” according to a statement by the Danish Prosecution Service.

The German bank admitted its role in the fraud case and accepted the fine at the district court in the Copenhagen suburb of Glostrup, the statement continued.

The case is part of a wider affair in which Denmark is estimated to have lost 1.7 billion euros to fraudulent tax return claims.

First revealed in Denmark in 2015, it is considered the largest case of tax fraud in the history of the country, which is now revising its tax code.

The scam centred around companies, funds or individuals using a system of exchanging stocks in companies to claim multiple tax rebates for a single dividend payout.

The so-called “CumEx-Files”, an investigation published last October by big-name European outlets including German public broadcaster ARD and French newspaper Le Monde, showed that the practice was also used around Europe, costing Germany 7.2 billion euros and Belgium 201 million euros since 2001.

Danish prosecutors said the crime was committed when a number of actors made several fictitious stock trades to create “a paper trail,” and that the bank played a “crucial role” in its creation.

Capital gains made on the Danish stock market are normally taxed at 27 percent, but treaties between Denmark and certain countries allow beneficiaries based in these countries to be refunded all or part of this tax.

“It's very satisfying that we now have the first conviction in a court in the dividend cases,” prosecutor Kirsten Dyrman, said in a statement.

“All together this is the biggest fraud case in the history of Denmark, and has resulted (in) a significant loss for society and the treasury,” she added.

In March, Danish tax authorities reported that they had taken legal action against 470 individuals and companies related to the affair.

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