Latest UBS Stumble : Sued By The US Government
Less than a year ago Swiss banking giant UBS was considered by many the best bank in the world, certainly for its wealth management which was also the largest at the time, and its image and reputation were top notch amongst private clients as well as institutional and government entities.
Not so these days : Their combined losses in 2008 and beg 2009 have shaken the financial community and left many of their clients and investors much worse off than when they started out with the bank and their shares have been in a free fall from its peak around US$ 60+ to now around US$ 10.
Now the bank finds itself in the wrong kind of spotlight again now having been sued by none other than the US Government who wants the bank to immediately hand over the names and full details of all their US clients, estimated around 52,000, who allegedly hid their secret Swiss accounts from U.S. tax authorities.
U.S. customers had 32,940 secret accounts containing cash and 20,877 accounts holding securities, according to the Justice Department lawsuit filed today in federal court in Miami. U.S. customers failed to report and pay U.S. taxes on income earned in those accounts, which held about $14.8 billion in assets during the middle of this decade, according to the court filing.
“At a time when millions of Americans are losing their jobs, their homes and their health care, it is appalling that more than 50,000 of the wealthiest among us have actively sought to evade their civic and legal duty to pay taxes,” John A. DiCicco, acting assistant attorney general in the Justice Department’s tax division, said in a statement.
UBS does not intend, however, to just roll over and provide the IRS with these details according to the article :
UBS said in a statement that it expected today’s filing.
“UBS believes it has substantial defenses” to the U.S. attempt to enforce the summonses and will “vigorously contest” the case, the bank said in the statement. The bank’s objections are based on U.S. laws, Swiss financial privacy laws, and a 2001 agreement between UBS and the IRS, according to the statement.
The article goes on to quote a professor for saying that this could indeed mean the end of the famed and heavily guarded Swiss banking secrecy for which Switzerland is so well-known, at least in certain parts of the world including the EU and the US :
Roy Smith, a finance professor at New York University’s Stern School of Business and a former Goldman Sachs Group Inc. partner, said a UBS loss in the case would be “very bad news” for Swiss banks.
Swiss Secrecy
“If you get to the point where you’re able to get information on 52,000 accounts just because they exist, not because of evidence of a crime, you’ve gotten rid of Swiss banking secrecy forever,” Smith said. “If the European Union follows suit, it’ll virtually be the end of secret accounts in Switzerland.”
The Washington Post puts another interesting angle on the story by including the former UBS banker, Bradley Birkenfeld, into the case :
The U.S. government has been probing UBS with help from sources such as a former UBS banker, Bradley Birkenfeld, who last year pleaded guilty to helping a California real estate mogul evade millions of dollars of taxes. Birkenfeld told investigators that UBS personnel went to elaborate lengths to help U.S. clients stash money in secret Swiss accounts.
The investigation led to the indictment in November of a top UBS executive. The U.S. government has used internal bank documents to accuse UBS management of conspiring to deprive the U.S. Treasury of tax revenue.
In Wednesday’s settlement, UBS admitted that it schemed to defraud the United States, in some cases by helping clients set up offshore companies to hide the true ownership of their Swiss accounts. The operation allegedly generated hundreds of millions of dollars of profit for UBS. The government said it demanded smaller penalties from UBS than it could have in consideration of the international financial crisis.
At the moment UBS admittedly seems to have the upper hand in this unwinding case with only around 300 names and clients having so far been surrendered to the IRS and with UBS arguing a very strong case against the US law suit reference its Swiss banking laws, but as The Washington Post article concludes that this in itself may mean the biggest blow to Swiss banking secrecy ever and hence its image to world-wide clients who will wonder who is next in line :
By targeting information based in the United States, the IRS obtained the names of about 323 clients who held UBS accounts in both the United States and Switzerland and transferred money between them, IRS agent Daniel Reeves said in a separate court filing yesterday.
The greatest blow to Swiss bank secrecy thus far may be UBS’s decision to close the secret Swiss accounts of its American clients, forcing depositors to move their money and sending a message that customers can’t rely on the bank to keep their assets hidden.
