Along with New York, London, and Hong Kong, Singapore now ranks as one of the world's most important financial centers. And to protect its new-found status, the tiny Southeast Asia country has cracked down hard on money laundering.
Entries in LGT Bank (3)
In July this year, we posted about the U.S. Senate's investigation into how Swiss bank UBS AG hid around $18 billion for 19,000 Americans that went unreported to the IRS. We mentioned that the Senate's 115-page report cited a memo from LGT Bank, run by the royal family of Liechtenstein, describing the use of secret offshore accounts for bribery in the U.S. and elsewhere.
The Senate report didn't specifically refer to potential Foreign Corrupt Practices Act violations, but we thought the Justice Department might turn some attention to foreign-bank clients who could be involved in the alleged bribery. To do that, though, the DOJ would first need to crack European bank secrecy laws that protect the identity of account holders.
Now comes a report that the DOJ may be succeeding. The Washington Post said this week that Swiss authorities have revealed the identities of "about 70 UBS clients for use by Justice Department investigators." The DOJ has also obtained names of an additional 30 or so American holders of undeclared UBS accounts from other parties, the Post said. And Reuters reported that 250 U.S. customers of UBS were given 30 days to appeal against Switzerland's plan to hand over their details to U.S. investigators.
Yesterday, however, Swiss authorities and UBS denied disclosing information about Americans suspected of tax evasion. The Swiss said cooperation between Washington and Bern was ongoing, without giving any details. UBS also said it had not given any information to U.S. authorities.
Assuming the Washington Post is right, the Swiss disclosures follow an earlier leak to the IRS of confidential information by a former employee at LGT Bank in Lichtenstein. The IRS used the information to begin enforcement proceedings earlier this year against about 100 U.S. taxpayers, some of whom were named in the Senate report. The U.S. government, the Post said, has been offering whistleblowers up to 30 percent of any money they help the IRS recover. IRS Commissioner Douglas Shulman said the strategy is working: "[W]e've got a lot of names that we're combing through and will be pursuing aggressively." He advised anyone using secret accounts to make voluntary disclosures to the IRS right away.
(Even President-Elect Obama has weighed in. He labeled UBS as one of the banks who helped "tax cheats," and he co-sponsored a Senate bill last year to crack down on offshore tax havens. The Stop Tax Haven Abuse Act listed 34 jurisdictions, including Switzerland, as potential tax-evasion countries.)
Foreign account holders should also be worried about a report that Liechtenstein and Washington have agreed to exchange confidential bank information in connection with tax-related investigations. Liechtenstein's bank secrecy laws had been seen as stronger than Switzerland's. But tax scandals during the past year traced back to clients at Lichtenstein banks have forced the country and its ruling family to start cooperating with tax fraud investigations.
None of this confirms that the DOJ is looking for FCPA violators among holders of undeclared foreign bank accounts, or that it will find any if it is looking for them. But as we said in June, the story is worth watching.
We're exercising our Friday liberty to post a story that's not about the Foreign Corrupt Practices Act -- at least not yet. It's about a world-class financial institution -- a market leader with 80,000 employees in 50 countries, the heavyweight champ of global wealth management -- that allowed its sales force to run wild and in the process trample numerous U.S. laws.
We often say that what matters most for compliance is not the policy manual. It's management's commitment to obey the law. This story shows what happens when that commitment is pushed aside and replaced by a mad scramble for growth at any cost.
In the U.S. Senate this week, in hearings of the Permanent Subcommittee on Investigations, witnesses told how Swiss bank UBS AG hid around $18 billion for 19,000 Americans that went unreported to the IRS. Although foreign offices and employees of UBS weren't licensed to solicit or service U.S.-based clients, that group was targeted by the bank's huge and elaborate marketing efforts.
To keep their U.S. thrust a secret, UBS's Swiss bankers encrypted emails, used pay phones, and gave a code name to each client. The bankers then taught their clients not to write down account numbers or locations and never to use their own names in phone calls to the bank.
A witness from UBS described its Swiss-based U.S. sales team this way: "As I remember, there [were] around 25 people in Geneva, 50 people in Zurich, and five to ten in Lugano. This is a formidable force."
The Senate released a 115-page investigative report the day before the hearings started. It said 20 Swiss bankers made more than 300 trips to the U.S. since 2003 to solicit Americans at UBS- sponsored yachting regattas, art shows, and golf tournaments. The report cites an e-mail from a senior UBS private banker to colleagues saying, "The markets are growing fast, and our competition is catching up. The answer to guarantee our future is GROWTH."
Most top executives at UBS lost their jobs because of the scandal and the bank's poor performance in the market downturn. Among those who are gone are the former chairman, the chief executive officer, the head of the investment bank and its chief financial officer. Bradley C. Birkenfeld, an American and former top UBS banker, is waiting to be sentenced after pleading guilty in the U.S. last month to fraud. He helped an American client conceal $200 million in assets from the IRS. He said he once smuggled diamonds for a client in a toothpaste container.
UBS is cooperating with the IRS and the Justice Department. In the Senate hearings, the bank said it has stopped offering offshore-banking services to U.S. clients through non-U.S. branches.
"We have decided to exit entirely the business in question,'' said Mark Branson, chief financial officer of UBS's global wealth-management unit. "UBS will no longer provide offshore banking or securities services to U.S. residents through our bank branches. Such services will only be provided to residents of this country through companies licensed in the United States.''
CFO Branson said UBS "genuinely regrets any compliance failures that may have occurred. We will take responsibility for them. We will not seek to minimize them. On behalf of UBS, I am apologizing, and committing to you that we will take the actions necessary to make sure this does not happen again.''
Meanwhile, the Senate subcommittee released what it calls a list of "Tax Haven Bank Secrecy Tricks" aimed at helping U.S. clients hide assets overseas and avoid paying taxes:
- Code Names for Clients
- Pay Phones, not Business Phones
- Foreign Area Codes
- Undeclared Accounts
- Encrypted Computers
- Transfer Companies to Cover Tracks
- Foreign Shell Companies
- Fake Charitable Trusts
- Straw Man Settlors
- Captive Trustees
- Anonymous Wire Transfers
- Disguised Business Trips
- Counter-Surveillance Training
- Foreign Credit Cards
- Hold Mail
- Shred Files
The Senate report also mentioned a memo from LGT, a private bank run by the royal family of Liechtenstein, that describes the use of secret offshore accounts for bribery in the U.S. and elsewhere. So we may hear about related Foreign Corrupt Practices Act investigations as the DOJ learns more.