Telling Swiss Secrets: 222 Billionaires

Total Page:16

File Type:pdf, Size:1020Kb

Telling Swiss Secrets: 222 Billionaires Telling Swiss secrets: 222 billionaires http://www.globalpost.com/print/5573209 Published on GlobalPost (http://www.globalpost.com) Home > Commerce > Telling Swiss secrets: 222 billionaires Telling Swiss secrets: 222 billionaires By Michael Bronner Created August 5, 2010 06:42 Subhead: Part 2: Feeding the UBS obsession with North American wealth. Byline: Michael Bronner [1] Caption: (Photo illustration from photograph by Gasper Tringale) NEW YORK — Bradley Birkenfeld exuded the confidence that comes with privilege. He was Boston born and bred, a gregarious, well-educated brain surgeon's son. In his role as a high-flying, cross-border banker with UBS, he moved easily among the worldʼs wealthiest men and women. And they were precisely who he was targeting as potential clients for UBS. “Anyone residing in America — that was our market segmentation,” Birkenfeld explained in a rare, long-ranging interview with GlobalPost. “Didnʼt have to be a U.S. citizen — it could be a German living in New York, it could be an Italian living in LA.” Birkenfeld and his fellow crossborder bankers in UBSʼ global wealth management division sought to sign on anyone with the obligation, if not necessarily the inclination, to pay U.S. taxes. “People understood what the advantages were,” he said, coyly enough, of the secrecy they sold. Exclusive circles were nothing For five years as a Geneva-based UBS bank director, new. Birkenfeld did his early 45-year-old Bostonian Bradley Birkenfeld lived the well-heeled life of an insider in the secret world of Swiss banking. That is, schooling at Thayer Academy, an before he set out to break the bank. In an exclusive series of expensive college prep school in interviews with Birkenfeld, GlobalPost reveals how he blew the Braintree, Massachussetts, then 1 of 4 8/5/10 10:58 AM Telling Swiss secrets: 222 billionaires http://www.globalpost.com/print/5573209 whistle on Swiss bankingʼs rarefied world of secrecy and Norwich University in Vermont, the subterfuge, a scandal that is still reverberating around the globe. countryʼs oldest private military Birkenfeld believes heʼs a hero for exposing world-class tax academy. The latter school would evasion, but the judge in his case didnʼt see it that way. And now seem an odd choice; one of Birkenfeld is speaking out. Birkenfeldʼs closest college buddies described him as "the kind of guy who — I donʼt want to Part 1: A banker's betrayal say heʼd 'buck authority' — but [2] heʼd stand up to 'illegitimate authority.' " Part 3: The golden goose [3] Rather than following most of his Part 4: A triple-double cross [4] classmates into the military after graduation, a traditional track at Part 5: A reversal of fortune [5] Norwich, Birkenfeld went back to Boston and worked briefly as a bond trader. Then, after a couple of years, he decamped to Switzerland and stayed. He earned an MBA at the American Graduate School of Business, a picturesque little campus nestled between Montreux and Vevey in the Swiss Riviera. After early stints at Credit Suisse and Barclays Geneva office, Birkenfeld joined UBS in 2001. By then, he had experience enough to know his division was steeped in skirting the law, if not in Switzerland itself, then certainly in the U.S. “Swiss bank secrecy is analogous with criminal conspiracy. Thatʼs how I see it,” he told me. Numbered bank accounts are illegal in the United States and most other banking jurisdictions, but itʼs okay for U.S. residents to hold numbered accounts in the few countries that allow them — Switzerland is the biggest — provided they, and the banks, declare income-generating accounts to the IRS and the account holder pays tax on the income. The reporting rules for Swiss banks are spelled out in tax treaties between the Swiss and U.S. governments. U.S. taxpayers are required to check a box on their tax returns — a simple “yes” or “no” —as to whether they hold a foreign account. Birkenfeld and his fellow cross-border bankers were essentially selling a way around all that: a way to dodge taxes through undeclared accounts often linked to sham shell companies and trusts. The UBS bankers were frequent flyers in their high-net-worth client quest, making quarterly prospecting trips to the U.S. where the bank sponsored millionaire magnet events like the UBS Trophy yacht race in Bradley Birkenfeld Newport, Rhode Island; Art Basel (the contemporary and (Gasper Tringale/GlobalPost) modern art fair in Miami); tennis tournaments; classic car shows; concerts; and other elite gatherings conducive to meeting prospective “new money” clients. There was a lot of wink and nod, as Birkenfeld described it: a quiet solicitation on the sidelines, a dinner later, a discreet product presentation called up on an encrypted 2 of 4 8/5/10 10:58 AM Telling Swiss secrets: 222 billionaires http://www.globalpost.com/print/5573209 company laptop. “These were very sophisticated marketing VIP events,” Birkenfeld said (his favorite was a $10,000-a-seat evening with Elton John at the Waldorf Astoria in April 2005). They were also illegal insofar as the cross-border bankers were involved. The Security Exchange and Investment Advisors Acts of 1934 and 1940 bar unregistered international banker-brokers from doing business with private clients on U.S. soil, whether in person or remotely via phone, mail, Fax, email, FedEx. Documents Birkenfeld later delivered to the Justice Department show UBS to be obsessed with North American wealth. A PowerPoint presentation marked “Strictly Private and Confidential” by UBS (and later “Exhibit 14” by the Justice Department) leads off noting that "31 percent of Worldʼs UHNWIs [ultra-high-net-worth individuals] are in North America," followed by a graph highlighting the bankersʼ target group: “Key Clients” worth greater than $30 million. Another lip-licking slide, titled “North American Billionaires,” notes that there are 222 in the US and 14 in Canada, with a combined net worth of $706 billion. Where best to snare them? A later slide ranks the top-25 housing locations: Montecito, CA; Aspen; Los Altos Hills, CA; Sea Island, GA; Palm Beach; and Snowmass Village, to name a few. Birkenfeld preferred his hunting even further afield. With an expense account and ticket to ride, business was pleasure when he hit on prospective clients. <!--pagebreak--> "Iʼd say, 'Do you want to go to Wimbledon, have lunch and see the match? Do you want to come to Oktoberfest and drink some beer and look at hot girls? Whatever you want to do.' I would go to the Cannes Film Festival, the Venice Film Festival, the Bangkok Film Festival.” He cultivated contacts among event organizers so he could swing VIP treatment for himself and his clients. "I just generally spent money the way I saw fit," he said. "I wouldnʼt go out and buy somebody a Rolex, but I mean, if I spent $500 for a lunch I could justify it." Birkenfeld got paid, too: A starting salary of 180,000 Swiss francs (just over $170,000) plus an American-style bonus, which in his best year, he said, put him at one million Swiss francs in total compensation (about $946,000). When home from the road, Birkenfeld drove a BMW M5 and split time between a plush apartment in Geneva and a chalet in the shadow of the Matterhorn in the Swiss Alps. Life was arguably sweeter for Birkenfeld than for his fellow cross-border bankers at UBS. Most serviced between 200 and 300 accounts, each account averaging about one million Swiss francs, Birkenfeld said, whereas he got by with a fraction of that — about 20 U.S. clients and 20 more in other countries. He was able to carry a lighter load because he had a golden goose: a single client with accounts totaling $200 million who more than made up the slack. A billionaire Orange County, Calif., real estate mogul named Igor Olenicoff would be Birkenfeldʼs biggest client, and later his nemesis. 3 of 4 8/5/10 10:58 AM Telling Swiss secrets: 222 billionaires http://www.globalpost.com/print/5573209 Part 3: Meet Bradley Birkenfeld's biggest client, and nemesis, U.S. billionaire Igor Olenicoff. [3] Michael Bronner, a New York-based investigative journalist, previously worked for the weekday edition of CBS News/60 Minutes. He has been a freelance contributor to Vanity Fair since 2005. A screenwriter, producer and director, he was also a co-producer on the Universal Pictures/Working Title feature film “Green Zone” about Iraq and an associate producer on the Oscar-nominated “United 93.” Europe Commerce Bradley Birkenfeld Geneva save money Swiss Banking Switz history tax US USB Swiss bank information Copyright 2010 GlobalPost – International News Source URL (retrieved on August 5, 2010 10:58 ): http://www.globalpost.com/dispatch/europe/100724/swiss- banking-secrecy-billionaires Links: [1] http://www.globalpost.com/dispatch/europe/100724/swiss-banking-secrecy-billionaires [2] http://www.globalpost.com/dispatch/europe/100724/swiss-banking-secrecy [3] http://www.globalpost.com/dispatch/europe/100724/globalpost-investigation-telling-swiss-secrets-part-3 [4] http://www.globalpost.com/dispatch/europe/100724/globalpost-investigation-telling-swiss-secrets-part-4 [5] http://www.globalpost.com/dispatch/europe/100724/globalpost-investigation-telling-swiss-secrets-part-5 4 of 4 8/5/10 10:58 AM.
Recommended publications
  • Filing # 105742773 E-Filed 04/01/2020 03:21:58 PM
    Filing # 105742773 E-Filed 04/01/2020 03:21:58 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: Division: BRADLEY C. BIRKENFELD, Plaintiff, v. LEONARD A. LAUDER; and, KEVIN M. COSTNER, Defendants. ________________________________ / COMPLAINT Comes now Plaintiff, Bradley C. Birkenfeld (”BIRKENFELD”), through his undersigned attorneys, and hereby files this Complaint against Defendants Leonard A. Lauder (“LAUDER”) and Kevin M. Costner (“COSTNER”) for fraud, negligent misrepresentation and intentional interference with advantageous or business relationship, all arising from publication of Plaintiff’s book, Lucifer’s Banker: The Untold Story of How I Destroyed Swiss Bank Secrecy (“Lucifer’s Banker”), published by Greenleaf Book Group Press (“Greenleaf”). Plaintiff alleges as follows: I. PARTIES 1. Plaintiff BIRKENFELD is a native-born United States citizen currently residing in Malta. BIRKENFELD is not a citizen of Malta and has no residence in the United States. 2. Defendant LAUDER resides in Palm Beach, Florida at his oceanfront mansion located at 26 South Ocean Boulevard, Palm Beach, Florida and at his New York City apartment. Defendant LAUDER is chairman emeritus of Estée Lauder, the world’s third-largest maker of cosmetics and fragrances. Defendant LAUDER stepped down as CEO of Estée Lauder in 1999. According to public reports, Defendant LAUDER’s net worth exceeds $15.9 billion. Defendant LAUDER’s Page 1 of 31 private banker at UBS bank (f/k/a Union Bank of Switzerland) was Christian Bovay in Geneva, Switzerland. Defendant LAUDER is a marquee name. 3. Defendant COSTNER resides in Santa Barbara, California. Defendant COSTNER is an American actor, director, producer, and musician.
    [Show full text]
  • N We I NATIONALCENTER
    WHISTLEBLOWERS N we I NATIONALCENTER February 25, 2014 The Honorable Carl Levin Chairman The Honorable John McCain Ranking Member Homeland Security & Government Affairs Permanent Subcommittee Investigations 340 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senators: The National Whistleblower Center (NWC) thanks you for holding tomorrow's hearing, "Offshore Tax Evasion: The Effort to Collect Unpaid Taxes on Billions in Hidden Offshore Accounts," to focus on the federal government's efforts to address this serious problem. Unfortunately, the federal government has too often forgotten that it was whistleblowers who first gave them the road map on how to pursue illegal offshore accounts. The federal government's success on offshore tax evasion was all started by a single whistleblower - Bradley Birkenfeld. Unfortunately, the federal government has not done nearly enough to take advantage of the information provided by this whistleblower such as encouraging additional whistleblowers to come forward, rewarding whistleblowers who have come forward, protecting whistleblowers, and recognizing those capable Department of Justice (DOJ) and Internal Revenue Service (IRS) employees who have successfully worked with whistleblowers. The failure of the federal government to fully utilize the information provided by whistleblowers, which encourages more whistleblowers and adequately rewards whistleblowers, has cost the American taxpayers bilions of dollars. Sadly, the tragedy of failing to address offshore tax evasion goes beyond just dollars - undermining efforts to stop corruption, bribery, organized crime, and exploitation of women and children. Making full use of whistleblowers is critical in all areas of tax evasion - but especially with respect to ilegal offshore accounts due to significant limitations on the ability to obtain bank information from a bank secrecy jurisdiction.
    [Show full text]
  • Not Just Whistling Dixie: the Case for Tax Whistleblowers in the States
    \\jciprod01\productn\V\VLR\59-3\VLR302.txt unknown Seq: 1 14-AUG-14 14:25 2014] NOT JUST WHISTLING DIXIE: THE CASE FOR TAX WHISTLEBLOWERS IN THE STATES DENNIS J. VENTRY, JR.* I. INTRODUCTION AX whistleblowing has been in the news lately. In September 2012, Tthe IRS wrote a check for $104 million to Bradley Birkenfeld, a for- mer banker with UBS, the Swiss banking giant. The payment, made under the federal government’s tax whistleblower program,1 represented Birkenfeld’s cut for providing information to the IRS that exposed how UBS actively concealed taxable income of U.S. clients for decades by hid- ing assets in secret offshore accounts.2 Birkenfeld’s assistance was “excep- tional in both its breadth and depth,” the IRS explained in making the award, and allowed the U.S. government to pursue “unprecedented ac- tions against UBS AG, with collateral impact on other enforcement activities.”3 “Collateral impact” hardly does justice to the effect of Birkenfeld’s whistleblowing. The “treasure trove of inside information” that Birkenfeld provided U.S. officials formed “the foundation for the UBS debacle and everything that followed.”4 Indeed, thanks to one of “the biggest whistleblowers of all time,”5 the U.S. government (take a deep breath) * Professor of Law, UC Davis School of Law. I thank Gregory Krakower, Darien Shanske, and Dean Zerbe for their helpful comments. I also benefited from suggestions and conversations at the Norman J. Shachoy Symposium, sponsored by the Villanova Law Review, particularly those from Jeremiah Coder and J. Richard Harvey. 1. For a discussion of the IRS whistleblower program, see infra notes 349–86 and accompanying text.
    [Show full text]
  • Has the United States Government's Quest for Customer Records from UBS Sounded the Death Knell for Swiss Bank Secrecy Laws Bradley J
    Northwestern Journal of International Law & Business Volume 30 Issue 1 Winter Winter 2010 Don't Tread on Me: Has the United States Government's Quest for Customer Records from UBS Sounded the Death Knell for Swiss Bank Secrecy Laws Bradley J. Bondi Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Part of the Banking and Finance Commons, and the International Law Commons Recommended Citation Bradley J. Bondi, Don't Tread on Me: Has the United States Government's Quest for Customer Records from UBS Sounded the Death Knell for Swiss Bank Secrecy Laws, 30 Nw. J. Int'l L. & Bus. 1 (2010) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. Don't Tread On Me: Has the United States Government's Quest for Customer Records from UBS Sounded the Death Knell for Swiss Bank Secrecy Laws? Bradley J. Bondi* I. INTRODUCTION Privacy protection is a defining characteristic of Swiss culture and a pillar of the Swiss economy. For centuries, the Swiss people have coveted the principles of individual privacy, regularly reaffirming those principles in response to referendums designed to limit them. Swiss banking secrecy, one aspect of privacy, is protected by Swiss criminal and civil laws and professional duties. Swiss banks pride themselves on protecting customer identity and have leveraged their legal and cultural commitment to secrecy to gain a competitive advantage in the global banking market.
    [Show full text]
  • Whistleblower Bradley Birkenfeld
    http://www.nydailynews.com/money/2010/04/16/2... http://www.nydailynews.com/fdcp?1271432199119 Get Morning Home Delivery of the Daily News for up to 70% off. Call (888) 393-3760 subsidiary, UBS America, said of the Washington Whistleblower Bradley office claim. "We are unaware of its having been raised previously." Birkenfeld: Some U.S. Byrne added that "no U.S. or Americas management pols kept off-shore [of UBS] were implicated" in the tax evasion scheme. accounts with UBS Birkenfeld spoke even as his lawyers were filing a petition with the Justice Department seeking clemency from President Obama. Juan Gonzalez - News Whistleblower advocates across the country regard Friday, April 16th 2010, 4:00 AM the government's treatment of Birkenfeld as a colossal disgrace. After all, federal prosecutors A former banker who blew the whistle on thousands admit the information he voluntarily provided them of secret bank accounts rich Americans held at in 2007 led to their uncovering the biggest tax Swiss giant UBS claimed Thursday some U.S. fraud in U.S. history. politicians also kept off-shore accounts with the bank. UBS pleaded guilty last year to conspiring to defraud the government and helping U.S. clients hide up to "We had an office in Washington that we all referred $20 billion in assets from the IRS. to as the PEP office - for 'Politically Exposed People,'" Bradley Birkenfeld said. The bank admitted that between 2000 and 2007 as many as 50 of its bankers traveled to this country He was speaking by phone - on tax day, no less - from Switzerland every few months.
    [Show full text]
  • REPORT: Tax Haven Banks and U.S. Tax Compliance
    United States Senate PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Committee on Homeland Security and Governmental Affairs Carl Levin, Chairman Norm Coleman, Ranking Minority Member TAX HAVEN BANKS AND U. S. TAX COMPLIANCE STAFF REPORT PERMANENT SUBCOMMITTEE ON INVESTIGATIONS UNITED STATES SENATE RELEASED IN CONJUNCTION WITH THE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS JULY 17, 2008 HEARING SENATOR CARL LEVIN Chairman SENATOR NORM COLEMAN Ranking Minority Member PERMANENT SUBCOMMITTEE ON INVESTIGATIONS ELISE J. BEAN Staff Director and Chief Counsel ROBERT L. ROACH Counsel and Chief Investigator ZACHARY I. SCHRAM Counsel LAURA E. STUBER Counsel ROSS K. KIRSCHNER Counsel MARK L. GREENBLATT Staff Director and Chief Counsel to the Minority MICHAEL P. FLOWERS Counsel to the Minority ADAM PULLANO Staff Assistant to the Minority MARY D. ROBERTSON Chief Clerk TIMOTHY EVERETT Intern ALAN KAHN Law Clerk JONATHAN PORT Intern JEFFREY REZMOVIC Law Clerk LAUREN SARKESIAN Intern SPENCER WALTERS Law Clerk 9/26/08 Permanent Subcommittee on Investigations 199 Russell Senate Office Building – Washington, D.C. 20510 Telephone: 202/224-9505 or 202/224-3721 Web Address: www.hsgac.senate.gov [Follow Link to “Subcommittees,” to “Investigations”] PERMANENT SUBCOMMITTEE ON INVESTIGATIONS STAFF REPORT TAX HAVEN BANKS AND U. S. TAX COMPLIANCE TABLE OF CONTENTS I. EXECUTIVE SUMMARY .............................................. 4 A. Subcommittee Investigation ............................................ 4 B. Overview of Case Histories ...........................................
    [Show full text]
  • NWC | NATIONAL WHISTLEBLOWER CENTER 3238 P St., NW, Washington, D.C
    NWC | NATIONAL WHISTLEBLOWER CENTER 3238 P St., NW, Washington, D.C. 20007 | 202.342.1903 | www.whistleblowers.org July 11, 2018 Antonio Tajani President of the European Parliament Bât. Altiero Spinelli 60 rue Wiertz 1047 Brussels Belgium Jean-Claude Juncker President of the European Commission 60 rue Wiertz 1047 Brussels Belgium Re: Proposal for EU Whistleblower Directive/FEEDBACK COM/2018/218 Dear President Tajani and President Juncker: We are writing in regard to the Proposal for a Directive of the European Parliament and of the Council (COM/2018/218), the proposal for a European Union-wide whistleblower directive (hereafter, “Whistleblower Directive” or “Directive”) which has been submitted to the European Parliament for approval. We are filing this letter as part of our official filing permitted under the EU’s “Feedback” provision. Although we strongly support the efforts of the European Union to improve whistleblower protections, the Directive includes a number of provisions that would undermine this intent. Moreover, the Directive is inconsistent with the requirements of three anti-corruption conventions approved by nearly every nation-state in the EU.1 Consequently, the Directive should be amended consistent with the concerns raised in this letter. We base these conclusions on our experience representing whistleblowers since 1984, working with the U.S. Congress in drafting key whistleblower laws incorporated into major anti-fraud legislation, such as the Sarbanes-Oxley and Dodd-Frank Acts, our extensive and highly successful 1 All members except for Portugal have signed the Council of Europe’s Civil Law Convention on Corruption and the United Nations Convention Against Transnational Organized Crime and the Protocols Thereto.
    [Show full text]
  • Not Just Whistling Dixie: the Case for Tax Whistleblowers in the States
    Volume 59 Issue 3 Article 2 8-1-2014 Not Just Whistling Dixie: The Case For Tax Whistleblowers in the States Dennis J. Ventry Jr. Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Tax Law Commons Recommended Citation Dennis J. Ventry Jr., Not Just Whistling Dixie: The Case For Tax Whistleblowers in the States, 59 Vill. L. Rev. 425 (2014). Available at: https://digitalcommons.law.villanova.edu/vlr/vol59/iss3/2 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. \\jciprod01\productn\V\VLR\59-3\VLR302.txt unknown Seq: 1 14-AUG-14 14:25 Ventry: Not Just Whistling Dixie: The Case For Tax Whistleblowers in the 2014] NOT JUST WHISTLING DIXIE: THE CASE FOR TAX WHISTLEBLOWERS IN THE STATES DENNIS J. VENTRY, JR.* I. INTRODUCTION AX whistleblowing has been in the news lately. In September 2012, Tthe IRS wrote a check for $104 million to Bradley Birkenfeld, a for- mer banker with UBS, the Swiss banking giant. The payment, made under the federal government’s tax whistleblower program,1 represented Birkenfeld’s cut for providing information to the IRS that exposed how UBS actively concealed taxable income of U.S. clients for decades by hid- ing assets in secret offshore accounts.2 Birkenfeld’s assistance was “excep- tional in both its breadth and depth,” the IRS explained in making the award, and allowed the U.S.
    [Show full text]
  • Cambridge International Symposium on Economic Crime Whistleblowing
    Cambridge International Symposium on Economic Crime Whistleblowing: A Global Phenomenon Alternative Programme - Tuesday 3rd September 2019 Whistleblowing: A Global Phenomenon under the auspices of WhistleblowersUK 08:00 Welcome Mr. Tom Lloyd, Chairman, WhistleblowersUK and former Chief Constable of Cam- bridgeshire, QPM MA 08:10 Keynote Addresses The Rt. Hon. Baroness Susan Kramer of Richmond Park PC, Member of the House of Lords, Liberal Democrat Treasury Spokesperson, Co-Chair of All Party Parliamentary Group for Whistleblowing and former Minister of State Department of Transport, UK 08:30 Session 1: Whistleblowers: Are We Making A Difference? Chair: Mr. Andrew Samuels, Managing Partner, Addveritas, UK • Mrs. Georgina Halford-Hall, CEO, WhistleblowersUK • Dr. Chris Day, National Health Service Whistleblower, UK • Ms. Lindsey Rogerson, Senior Editor for Financial Regulatory Policy, Thompson Reuters, UK • Mr. Andrew Gilligan, Policy Advisor to the Prime Minister and Journalist • Mr. Hugh Wilkins, Honorary Research Fellow, University of Exeter, UK Jesus College, Cambridge • Mr. Neil Getnick, Partner, Getnick & Getnick, New York, USA 10:45 Coffee 1. 2. 11:00 Session 2: Incentivising Whistleblowers, Is There A Place For Rewards? • Ms. Mary Inman, Partner, Constantine Cannon, London, UK What Does The Evidence Tell Us? • Ms. Lindsey Rogerson, Senior Editor for Financial Regulatory Policy, Chair: Mrs. Georgina Halford-Hall, CEO, WhistleblowersUK Thompson Reuters, UK • The Hon. Justice Amina Augie, Justice of the Supreme Court of Nigeria • Ms. Julie Edge, MHK, Member of Parliament of the Isle of Man, UK • Ms. Mary Inman, Partner, Constantine Cannon, London, UK • Ms. Heather Bucannon, Director of Policy for the APPG on Fair Business • Mr. Bradley Birkenfeld, Whistleblower and former investment banker, UBS Banking, UK Group AG, USA • Ms.
    [Show full text]
  • IRS Offers to Ease Penalties
    IRS Offers to Ease Penalties for Taxpayers Who Disclose Their Overseas Accounts in the Wake of the Department of Justice’s Continuing Crackdown on the Use of Tax Havens1 April 14, 2009 Introduction Between the bailout and the economic stimulus, one thing is for certain - the U.S. government needs to re-fill its coffers and there is no better source of revenue than taxes. While an increase in tax rates is one of the more obvious ways the government is attempting to generate revenue, more recently, we have also seen a crackdown on tax evasion and the use of offshore “tax havens,” and an assault on countries with “financial secrecy” that “impose little or no tax on income from sources outside their jurisdiction.”2 The United States Senate Permanent Subcommittee on Investigations recently produced a staff report on “Tax Haven Banks and U.S. Tax Compliance” in which it estimated that the United States loses approximately $100 billion in tax revenues due to offshore tax abuses.3 Tax Justice Network, a non-profit group, estimates that the global tax revenue lost as a result of the use of offshore tax havens is over $250 billion.4 Thus, it is not surprising that in these difficult financial times, the United States and other governments are escalating criminal tax prosecutions and putting increasing pressure on tax havens to relax their secrecy laws and cooperate with investigations. This memorandum provides an overview of historical limitations on criminal tax prosecutions involving the use of offshore accounts in tax havens and recent 1 This memorandum was authored by Stephanie Meltzer, Patrick Pericak and Shelly Goldklang.
    [Show full text]
  • The Big Banks Organise Massive Tax Evasion on an International Scale
    The Big Banks Organise Massive Tax Evasion on an International Scale https://internationalviewpoint.org/spip.php?article3509 Series: The banks and the "Too Big to Jail" doctrine (Part 7) The Big Banks Organise Massive Tax Evasion on an International Scale - Features - Publication date: Sunday 31 August 2014 Copyright © International Viewpoint - online socialist magazine - All rights reserved Copyright © International Viewpoint - online socialist magazine Page 1/5 The Big Banks Organise Massive Tax Evasion on an International Scale Another example of the "Too Big to Jail" doctrine: International tax evasion and fraud organised by UBS, Switzerland's biggest bank. UBS, which had to be saved from failure in October 2008 by massive injections of Swiss public money, was involved in the LIBOR manipulation scandal, the currency markets manipulation scandal (UBS is the subject of several inquiries by controlling authorities in Hong Kong, US, the UK, and in Switzerland) and the abusive sale of structured Mortgage-Backed Securities on the US market. UBS, just like its banking colleagues, HSBC and Crédit Suisse [1] in particular, became specialized in large-scale tax evasion networking for the big fortunes in the US, Europe and elsewhere. [2] "About 120 Swiss representatives are secretly canvassing big fortunes in France, which is strictly prohibited by law, but done, according to Antoine Peillon, with the Swiss bank's full knowledge. Each representative possesses a âEurosÜManual of Private Banking', a veritable handbook of tax evasion". [3] The testimony of a former employee confirms the accusations made by Antoine Peillon. "The testimony filed by a former Swiss bank employee and collected by Le Parisien-Aujourd'hui in France shows that the largest Helvetian banks, which have been under criminal investigation in France since 2012, have established a well-oiled tax evasion machine to encourage the French to defraud.
    [Show full text]
  • Rewarding Culpable Whistleblowers Under the Dodd-Frank Act and Internal Revenue Code
    PACELLA_FINAL (ARTICLE 1).DOCX (DO NOT DELETE) 3/25/2015 7:19 PM BOUNTIES FOR BAD BEHAVIOR: REWARDING CULPABLE WHISTLEBLOWERS UNDER THE DODD-FRANK ACT AND INTERNAL REVENUE CODE Jennifer M. Pacella∗ In 2012, Bradley Birkenfeld received a $104 million bounty reward from the Internal Revenue Service (“IRS”) for blowing the whistle on his employer, UBS, which facilitated a major offshore tax fraud scheme. Birkenfeld does not fit the mold of the public’s common perception of a whistleblower. He was himself complicit in this crime and even served time in prison for his involvement. Despite his conviction, Birkenfeld was still eligible for a sizable whistleblower bounty under the IRS Whistleblower Program, which only excludes from reward eligibility those convicted of “planning and initiating” the underlying action. In contrast, the whistleblower program of the Securities and Exchange Commission (“SEC”) under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) precludes rewards for any whistleblower convicted of a criminal violation that is “related to” a securities enforcement proceeding. Therefore, because of his conviction, Birkenfeld would not have been granted a bounty under Dodd-Frank had he blown the whistle on a violation of the federal securities laws rather than a tax violation. This Article will explore an area that has been void of much scholarly attention—the rationale behind providing bounties to whistleblowers with unclean hands and the differences between federal whistleblower programs in this regard. After analyzing the history of these federal programs and the public policy concerns associated with rewarding culpable whistleblowers, this Article will critique the IRS’s practice of including the criminally convicted among those eligible for bounty awards ∗ Assistant Professor of Law, City University of New York, Baruch College, Zicklin School of Business.
    [Show full text]