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The veil of secrecy that has protected the wealthy clients of Swiss banks for centuries was under severe threat last night after the US Justice Department moved to force UBS to reveal the names of 20,000 clients.
The US Government believes that the Swiss bank has helped some of the wealthiest Americans to evade $300 million (£152 million) in taxes.
Under Swiss law, UBS can reveal clients’ identities to a foreign regulator or law enforcer only if ordered to do so by the Swiss Government. However, the US Justice Department is discussing a settlement with UBS under which the department would make a request to the Swiss authorities for the names of the bank’s American clients. UBS declined to comment on any aspect of the Justice Department’s investigations except to say that it was treating them “with the utmost seriousness”.
The Justice Department, which has the power to bring criminal cases, has charged a former UBS banker and a consultant based in Liechtenstein – like Switzerland, a leading tax haven – with helping clients to avoid taxes by opening secret accounts.
It is working to broaden the investigation into UBS by examining its American account holders, whom it believes the Swiss bank may have helped to dodge at least $300 million in taxes by using undisclosed offshore accounts.
Even if UBS does not reveal the identities of its American account holders, many of its bankers and richest clients are in danger of being identified as part of a plea bargain between one of the group’s former bankers and the Justice Department.
If Bradley Birkenfeld, a former UBS banker, is called to testify he is expected to say that he helped Igor Olenicoff, a property developer in California, and other clients to evade taxes. Mr Olenicoff has pleaded guilty to filing a false tax return for 2002. Mr Birkenfeld, who helped him to hide $200 million, is hoping to agree a plea bargain to reduce his penalty. “He’s going to sing like a parakeet,” one of Mr Birkenfeld’s clients apparently said. Danny Onorato, Mr Birkenfeld’s lawyer, and the Justice Department both declined to comment.
Any disclosure would be a second big setback to UBS’s reputation as a conservative and watertight guardian of its customers’ money. The bank has been the biggest European victim in the US sub-prime mortgage crisis, with $38 billion in losses so far.
UBS’s shares have fallen by half in New York this year, cutting its market capitalisation to $61 billion. The bank still has $45 billion in US mortgage-related assets, $8.6 billion in leveraged loan commitments and $10.4 billion of American student loans on its books.
Separately, it emerged that Lehman Brothers has stepped up its quest for new capital to bolster its balance sheet after an estimated $4 billion of sub-prime-related losses this year. The US investment bank is understood to be considering releasing second-quarter results next week, a week earlier than scheduled, and coupling the disclosure with an announcement that it will raise up to $5 billion of fresh capital as it seeks to calm nervous investors.
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It is said "let he who is without sin throw the first stone thou who has not sinned"... Yes it is okay to address issues like this one. Wealthy individual should pay their taxes like everyone. But the society accepts that we hire the maid, the construction worker, the gardener under the table. Why?
Ri chard, MONTREAL, CAN
It is high time that Swiss Bank Secrecy is lifted. There are many criminals hidding funds in Switzerland and the law protects them due to the fact that tax evasion is not crime in Switzerland.
In order words Swiss Bank Secrecy is used to attract tax evadors and that is not acceptable any more.
Handula, Zurich, Switzerland
This is probably just the tip of the tax-dodging iceberg. As an American who works hard for the money and understands that while the system needs a major overhaul, taxes are necessary for a functioning society. I hope every wealthy tax evading American is found out and harshly penalized.
Kevin, Lakeview, USA
All these mishaps couldn't have happened to a nicer bank!
I can't say I am surprised given the nature of people they have hired (from personal experience in the investment bank).
Goldman Sachs - a clear cut above the rest.
JJ, London,
The pathetic hypocrisy continues. Officialdom spends more than the cost of one cluster bomb chasing people for amounts less than the cost of one cluster bomb. As earlier comments have pointed out, it's OK if you're a cabalist. And they wonder why people hate them and become terrorists??!!!
Steve Payne, valencia, spain
If I had a sizeable cash account, I would move it to a safe bank offshore, out of reach of the upcoming U.S. socialist democrats party who may be elected 2008. In the U.S., the stroke of a judge's pen can confiscate all of your bank account money. That takes place before you are found innocent.
Roland Louis, New Orleans, USA
Leemen Brothers look a bit desperate to me.A spokeman on TV said that they were expecting a cut in UK interest rates as soon as August.That doesn't inspire confidence when the reality in that the next move is likely to be up.
stephen hulton, eure , france
Interesting that the IRS will track down individuals for taxation, but a private equity or hedge fund can shuffle tons of money around with no questions asked. Want to launder or hide money? Start a hedge fund.
Timothy, Rocklin, USA
The USA ranks low on the list of places thats easy to do business because of our Liberal creative stiffling of all things business. Our regulations have driven the financial market more and more to London and Europe. If i was rich, and i hope i am one day, i would hide my money too. I earned it.
William, Atlanta, USA
I wonder how many of thos enames would be part of the establishment?
Bhupinder S Sood CPA, Nashville, , USA