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A willingness on the part of France and Germany to buy stolen data to chase tax cheats may could spawn a lucrative market. What’s to stop other disgruntled employees from following suit and steal data for money? After all, the risk of getting caught may seem worth if it means legal protection and a very handsome check. While banks may have fairly ironclad security, those systems are only as strong as their weakest link—and that link is usually a human one. So what’s a Swiss bank to do?
WRS’s Carla Drysdale puts these questions to John Ederer, Deputy Head of Forensic at KPMG Switzerland, based in Zurich:
UBS faces renewed risks of criminal action if the U.S. and Switzerland can’t resolve their differences. Last week’s Federal Administrative Court judgment effectively blocks the sending of most of the 4,450 U.S. client names, a crucial part of a bilateral settlement reached last August.
The Swiss Justice Department says it will now seek new negotiations to resolve the matter and may go to the Swiss Parliament if necessary. They want to prevent the U.S. from reviving civil action to force UBS to disclose the names of all its clients in a Florida court.
Tax lawyer Kevin Thorne says UBS also faces the risk of criminal action, related to an earlier deal between the US and the Swiss bank. The former U.S. tax official and adviser to Swiss banks has been speaking with our Washington correspondent Daniel Ryntjes:
Later today, the Federal Cabinet is expected to give its response to the latest developments in the long-running dispute between United States tax authorities and banking giant UBS.
On Friday, Switzerland’s federal administrative court effectively froze a 2009 agreement between Switzerland and the United States. Under the deal, signed last August, Bern agreed that UBS should hand over around 4,500 names of American clients with offshore accounts. The Swiss government stepped in to prevent increasing U.S. pressure from undermining UBS.
The court ruling, which can’t be challenged and sets a precedent, has cast doubt over whether it was legal for UBS to hand over those 4,500 names.
And it puts the Federal Cabinet—which signed the deal in August—in the hot-seat. Today, ministers will have to respond to the ruling. WRS’s Carla Drysdale turns to Milan Patel, a Geneva-based lawyer and former senior trial attorney at the U.S. Internal Revenue Service, for significance of these latest developments.
A Swiss court has ruled that the country’s financial regulator, FINMA, broke the law when it ordered banking giant UBS to hand over data on 255 of its clients to American authorities last year. FINMA had argued that the government instructed it to prevent legal proceedings against UBS, and that it acted to save the bank from insolvency, but the court says the regulator exceeded its authority by ordering the bank to hand over client information.
The ruling’s been welcomed by lawyers representing UBS clients, who’ve described it as “an important step.” However, they say it’s likely the case will now be brought before the federal tribunal. WRS’s Conor Lennon turned to Beat Kappeler, economist and writer for the Swiss newspaper NZZ, for the latest on the story: