UBS: did its board breach money laundering rules in the USA (and will they go to prision if they did?)

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The FT has reported:

Senior executives at UBS, the Swiss bank being investigated by US authorities, knew some of their bankers had acted in a way that meant they risked breaching American securities laws at least a year before the US inquiries began, a letter seen by the Financial Times shows.

The May 2006 letter, now in the hands of the US Department of Justice, was written by Peter Kurer, UBS chairman and then the bank's general counsel, and copied to Marcel Rohner, then head of private banking and now group chief executive, as well as Lawrence Weinbach, a UBS director who sits on the board's audit committee.

Mr Birkenfeld, who admitted this year to helping a billionaire US businessman evade millions in tax while at UBS, has been co-operating with the authorities.

In a sense there's no news in this: the US investigations have shown that UBS was analysing differing profitability on the accounts it knew to be declared and undeclared several years ago. But showing that those in the highest echelons of the bank definitely knew this is new. It raises enormous questions:

1) Why didn't the auditors refer to this in their reports?

2) Why wasn't voluntary disclosure made in the USA?

3) Were suspicious activity reports filed?

Let's be clear: all look very vulnerable to claim if this allegation is true, but those who look especially vulnerable are those in a position to have authorised voluntary disclosure and who did not. That's a money laundering offence. It's literally criminal not to disclose tax evasion (which is always money laundering in the USA and most other states) once you know the facts. And if that happened here I seriously hope these people are taken to court for not making that declaration.

Banks claim self regulation works and that they can be trusted in mainstream economies, let alone in tax havens. If it is apparent that UBS knew it was facilitating fraud and took no action to report it then the money laundering systems of the world are laid as for a charade in which bakers play the game of compliance and actually facilitate tax evasion.

Of course, I've suggested this is exactly what they have been doing for a long time. I'm convinced it's true. But it's only by putting some of the senior people in some of the biggest banks - and I mean CEOs and chairmen - behind bars that things will change.

And please don't say I'm being unreasonable: if written evidence was a available that a person was providing a systematic mechanism to defraud the UK benefit system by a few thousand pounds a year the perpetrator would go down, without a doubt. This evidence, if true, suggest UBS was willing to:

a) defraud the US by billions of dollars a year

b) do so systematically

c) do so with the knowledge of the Board

d) do so without taking the necessary action to voluntary disclose its crime as required by law.

If that isn't enough to require very long sentences for those involved, if true, I'm not sure what is.


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