August 15, 2010 11:59 PM

Banking: A Crack In The Swiss Vault

By
CBSNews
(CBS)  If there's anything that the Swiss take more seriously than the precision of their watches or the quality of their chocolate, it's the secrecy of their banks. The subterranean vaults of Geneva and Zurich have served as sanctuaries for the wealth of dictators and despots, mobsters and arms dealers, corrupt officials and tax cheats of all kinds.

It's a world U.S. law enforcement has rarely been able to penetrate. So the idea that UBS, one of Switzerland's largest banks, would hand over information on thousands of American tax cheats would have been unthinkable just a few years ago.

You'll hear the twisted tale of how it all happened, from a man some people have called one of the most important whistleblowers ever who has been rewarded with a federal prison term and the possibility of endless riches.

Though he was born and raised in the Boston area, Bradley Birkenfeld spent most of the last decade living in Switzerland, helping wealthy Americans hide their money. He was based in Geneva, where he says there may be more money-counting machines than parking meters, in a country that once bragged it had more banks than dentists.

"It's not Swiss money in those banks. It's foreigners'," Birkenfeld told 60 Minutes correspondent Steve Kroft. "You have a culture there that has been ingrained in society about managing people's money, protected by Swiss bank secrecy."

"And who has a right to that information under Swiss law?" Kroft asked.

"Only the banker and the bank itself," Birkenfeld explained.

"How unusual is it for a Swiss banker to come forward and say, 'This is how it works?'" Kroft asked.

"It's never happened before in history. I'm the first one," Birkenfeld replied.

When Birkenfeld, a midlevel banker with an undistinguished employment history, knocked on the door of the U.S. Justice Department in the spring of 2007, he touched off an investigation that would threaten one of the world's largest banks with extinction and shake 300 years of Swiss banking secrecy to the foundations of its underground vaults.

He did it by providing inside information and documentation that his former employer, banking giant UBS, was actively involved in helping its American clients defraud the U.S. Treasury out of billions of dollars in unpaid taxes.

Asked what he thinks is the most valuable thing he gave to the U.S. government, Birkenfeld told Kroft, "The amount of clients and the amount of assets managed by UBS in the United States out of Switzerland."

"And that was how much?" Kroft asked.

"That was 19,000 clients and around 20 billion Swiss francs, which is about $19 billion," Birkenfeld replied.

"Of the percentage of American accounts that you represented, how many would you say were trying to evade taxes?" Kroft asked.

"My own clients?" Birkenfeld replied. "I would say about 90 percent."

Asked if people told him this was their intention when they opened their accounts, Birkenfeld told Kroft, "It was the unwritten rule. You didn't have to discuss it. People wouldn't fly all the way to Switzerland to open accounts just because they wanted to declare their money."

And as a private banker for UBS, Birkenfeld would help his clients invest, spend and move their money. One example he told us about involved withdrawing cash from a customer's account, buying some diamonds in Geneva and then smuggling them into the U.S. for the client inside a toothpaste tube.

Birkenfeld claimed it was legal because the diamonds he said were worth less than $10,000 and didn't have to be declared at customs.

"If it was legal why did you put them in a toothpaste tube? I'm having trouble with that," Kroft said.


"Oh, it was just a way of carrying them so I wouldn't lose them. Where would you put two diamonds?" Birkenfeld replied.

"I think I'd put them in a money belt or I think I'd put them in a case," Kroft said.

"It was a one-time event. That's not my business. I just put them in a toothpaste tube," Birkenfeld replied.

He told Kroft he wasn't trying to hide the diamonds from U.S. Customs. "Not at all," Birkenfeld said.



Copyright 2010 CBS. All rights reserved.
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by irfraud March 15, 2010 1:51 PM EDT
It is easy to claim your whistleblower award, as long as you hire the right attorney to file the claim for you...

http://www.irs-fraud.com
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by Berkeley-SkirtLifter February 12, 2010 11:33 AM EST
Times New Roman

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by Simone55 January 11, 2010 1:17 PM EST
ckh123mmm wrote: "I know a few bankers, one of whom works in upper management at ubs, they laugh about what they are getting away with. The arrogance is off the charts. They enjoy seeing people out of work. They laugh at homeless people. And they are glad to see more and more people being laid off. It would seem they all want to be Caligula."
It seems these people have taken Ayn Rand's doctrine to heart (if one can say they have hearts.) Lack of empathy is not a virtue, not in any legitimate ethical system since we climbed out of the trees. Complete disregard for the effects of one's action does not promote the survival of anybody except those who believe they will live forever and without ever being subject to consequences.

It's telling that the only person to suffer punishment is the one that opened the gate to let in some light into this den of thieves. I have no doubt that this decision was based upon punishment for damage to USB rather than for incomplete disclosure.
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by onecanuck January 7, 2010 2:10 PM EST
This story was extremely interesting, being the first time that some secrecy is lifted from Swiss banks.

It is not only rich individuals that use the Swiss banks to possibly hide from US taxes, large corporations do this too. For example, eBay collects billions from sellers all around the world. eBay computers are mostly based in the USA. eBay employees are also mostly based in the USA. The ebay head office is in the USA in Delaware, while most of the operations are in California. So why is it that all transactions fees from eBay sellers worldwide -which are mostly concluded on US based computers run by US based employees- are paid to a company based in Switzerland? Obviously, the only reason is to dodge taxes in the USA.

This scheme is not new at eBay. It has been the same scheme for over 10 years, collecting fees from the tax heaven of Switzerland rather than facing the IRS in the USA. This is tax dodging in a grand scheme and one of the reasons that the US deficit is so out of control, because even the USA companies that do nothing in Switzerland (other than avoid taxes in the USA) are not paying their own way to the country that allows them to be succesful.
By looking at the financial statements of ebay, one would never notice that this is how the tax avoidance scheme works. The only indication in the ebay financial report says: "In Europe, we have a cash pooling arrangement with a financial institution for cash management purposes. This arrangement allows for cash withdrawals from this financial institution based upon our aggregate operating cash balances held in Europe within the same financial institution (?Aggregate Cash Deposits?). This arrangement also allows us to withdraw amounts exceeding the Aggregate Cash Deposits up to an agreed-upon limit. "
By reading this statement carefully, one learns that eBay withdraws more out of these accounts than the aggregate cash deposits, because there is untold more money flowing into these European accounts than what gets reported in the US. Where the additional money is flowing to, is unknown. It sure is not to the IRS or to pay their fair share of taxes in the US.

This same scheme also applies to eBay's International subsidiaries, where all payments from sellers are paid to the same Swiss based operation. eBay Canada also has all the seller payments routed to Switzerland in order to further avoid taxes in Canada.

I really wish that 60 minutes would do a follow-up Swiss banking story on US companies like eBay.
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by markslightson January 6, 2010 9:25 PM EST
MAYBE SOME OF US HONEST AND KNOWLEDGABLE AMERICANS CAN RECRUIT AN DESERVING THIRD WORLD NATION TO BUILD IT INTO AN NATION THAT WE COULD BUILD WITH THE LESSONS WEVE LEARNED SO FAR. KINDA LIKE WHEN YOU BUILD AN NEW HOUSE YOU KNOW THE SHORT COMINGS OF THE PRIOR HOUSE AND TRY TO CORRECT THEM THIS COUNTRY MAY BE TO FAR GONE TO SAVE IT ?
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by markslightson January 6, 2010 8:16 PM EST
can we maybe find some al-queda their, maybe some bankers could find a place to fill safe with their money and not in ssiss banks either.
also they shouldnt punish the man after coming forward thats just bad business in its self, there was plenty of mofia members that had a change of heart that made it right and never spent any time in jail with even worse crimes involved.Like he said he is the only one that is going to jail the swiss government kept the US from sending more to jail .we just took their [oops]our money back as a penalty.
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by ckh123mmm January 5, 2010 7:51 PM EST
I know a senior management director at UBS and believe me, they are all laughing at us. They see the typical worker as a slave and treat them as such. Our politicians won't help us so its time to pay attention to where you spend your money. Spend your money at a Mom and Pop establishment. You dont need Starbucks, it tastes bitter anyway. And forget all the fast food chains, there are plenty of great Main Street establishments that are better and the money goes to nice people not A-holes like the bankers. Stop spending your money with the big corporations and watch how fast their heads turn. Talk about Lobbying!!! Where you spend your money is greater than where you vote, and this is very clear after the past few elections.
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by mnbrant January 5, 2010 7:33 PM EST
This guy has created very interesting table conversation about how the other half lives and its not like "Dallas" at all. Its a bit shady. Almost criminal. I am interested in getting one of these now. Whats the minimum balance?
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by jtdev1 January 5, 2010 1:07 PM EST
I just wonder how many US Congressmen/women have their money in the Swiss Banks...

I'm very sure out of the 19,000 people their name is in there.
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by tmittelstaed January 5, 2010 6:47 AM EST
Birkenfeld is stupid. He's much safer in prison. If he was out, someone would find and kill him for revenge. With time off for good behavior he will probably be out of there in a few years and by then he will have collected his whistleblower money and be able to hide himself away.
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by raleighwoof January 6, 2010 9:45 AM EST
I'm not a lawyer but I don't think he will see a dime if he ever steps foot in prison. Convicted felons shouldn't be eligible. Thats the main reason he and his lawyer are fighting tooth and nail and he still is not in prison after being sentenced 3 months ago.
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