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USA to UBS: Hand Over Tax Evaders, Or Else! Swiss Bank's American Assets at Risk

Posted Jul 10, 2009 07:00am EDT by Aaron Task

As the war over alleged U.S. tax evaders and Swiss banking secrecy laws heats up, UBS is at risk of losing both its banking license and U.S. assets, says Ken Rubinstein, senior partner at Rubinstein & Rubinstein, and a specialist in areas of estate and tax planning.

This week, the Swiss government said it would seize UBS data in order to prevent the Justice Department from obtaining the identities of 52,000 American account holders.

But Rubinstein doesn't believe that will shield UBS, since the bank earlier this year admitted it send private bankers to the U.S. with the express intent of helping wealthy Americans avoid U.S. taxes. In February, UBS paid a $780 million fine and gave U.S. officials the names and data of 250 individuals.

Reuters reports investors are betting on a "swift out-of-court" settlement -- perhaps ahead of a related civil trial scheduled to start Monday in Miami. But Rubinstein does not believe the U.S. government will settle for a mere fine this time, and will demand a "large disclosure of accounts."

If UBS refuses to comply, the ramifications could be dire for the bank (and its investors) the attorney says, adding the UBS case is part of a broader push by the IRS to uncover secret accounts by American citizens in banks around the world.

230 Comments

SL
SL - Friday July 10, 2009 07:22AM EDT

I'm going short UBS

Douglas P
Douglas P - Friday July 10, 2009 07:37AM EDT

You & Us(A) tax evaders... kick the UBS parasites out, I say.

Dale p
Dale p - Friday July 10, 2009 07:46AM EDT

UBS defense is that they cannot comply with the US court order because the swiss gov't has seized their information and to do so will render them liable to criminal prosecution in Switzerland; they may want to but it is impossible. US law should not take precedence over the laws of another sovereign jurisdiction. If there are US citizens who are evading taxes audit tehm internally and prove the case. Isn't that what the IRS is supposed to do?

Yahoo! Finance User
Yahoo! Finance User - Friday July 10, 2009 07:58AM EDT

Disappointing economic news over the last few weeks, culminating in last week's worse than expected U.S. jobs report for June, has altered the mood prevailing among investors that a significant rebound in the U.S. was a possibility. Since peaking in early June, the S&P index and the Dow Jones industrial average have dropped around 7 percent.======= Howse that Hope and Change working for you guys? Remember when all them experts said things are looking rosey? Put your money in the markets they said. Put your mney in so they could take it from you. Now the government wants you to believe they can get all them rich tax cheats. Where's the jobs? Where is all this recovery we were told was upon us? I am hoping for a change and it could not come soon enough. In the old days people would have boiled tar and used feathers when they ran the crooks out on a rail. I say let's bring back some of the old ways.

Donald
Donald - Friday July 10, 2009 08:04AM EDT

Obama better be careful on this one. He's going to find that the list of tax cheats and crooks contains a lot, if not most, of his campaign supporters. How is he going to fine/punish his big financial supporters? You sleep with dogs, you wake up with fleas.

GlennH
GlennH - Friday July 10, 2009 08:05AM EDT

I THINK THE LAW.....US CITIZANS PAY TAXES ON WORLD WIDE INCOME IS UN CONSTINUALY WHERE IS OUR SMART ATTORNEYS

wralfnetiam
wralfnetiam - Friday July 10, 2009 08:08AM EDT

And of course Republican Phil Grahmn is employed by UBS and helped them with this tax scheme. Just another unpatriotic american helpeding other governments against us. Love of money before country.

wralfnetiam
wralfnetiam - Friday July 10, 2009 08:10AM EDT

And of course Republican Phil Grahmn is employed by UBS and helped them with this tax scheme. Just another unpatriotic american helpeding other governments against us. Love of money before country.

Yahoo! Finance User
Yahoo! Finance User - Friday July 10, 2009 08:12AM EDT

When Obama tries to increases taxes on the rich for anything and everything don't you think more people are going to try to evade more? I don't agree with tax evasion at all but you certainly need to have a fair tax system instead of one that keeps adding taxes on the rich. A large proportion of these people are smarter and harder working than the poor who pay nothing or next to nothing in taxes. I'm certainly not rich or even close but I'm tired of my tax dollars being used for handouts to thugs on welfare as well as bailing out wallstreet and detroit. Smaller and efficient gov't = less taxes for all.

P
P - Friday July 10, 2009 08:15AM EDT

Interesting now that the govt needs money its finally enforcing its own laws....too bad they havent enforced so many laws that would have prevented the situation that we're now in...from immigration to tax laws ,to lobbyist abuses...sad really

Jigs_net
Jigs_net - Friday July 10, 2009 08:15AM EDT

I don't understand why the U.S. finds it so hard to respect international law? it thinks of itself as the center of the universe!!!!! it's pathetic that the U.S. is now begging, squeezing, and chasing each and every ounce of money even for something beyond it's doors. It could be because of the recession, they are getting bankrupt! shameful....

John P
John P - Friday July 10, 2009 08:18AM EDT

It's hard to imagine anyone feeling sorry for tax cheats. Seems like a potential for a BIG payday for Uncle Sam. How many of our elected officials owe money and penalties to the IRS? We allowed this nonsense to go on for too long. Think there's some of uncle bernie's money involved?

Nandakumar
Nandakumar - Friday July 10, 2009 08:19AM EDT

"USA to UBS: Hand Over Tax Evaders, Or Else! Swiss Bank's American Assets at Risk" --- This is plain stupid...Can Mexico as Bank of America to follow mexican rules?

LarryH
LarryH - Friday July 10, 2009 08:21AM EDT

Instead of threatning UBS and spending million$ to hunt the non-payers overseas. Start in Washington, then we could jail half of Congress and make a new start. When elected government officials don't/won't pay taxes. Why should anyone else. They(Congress) should be setting an example..

Ann
Ann - Friday July 10, 2009 08:24AM EDT

It's about time our government steps up and addresses this issue. Because you're rich, can afford the best attorneys, enjoy the benefits of living here mean you don't have to pay taxes? I don't think so. I will be watching this story like a hawk!!

SUSANJ
SUSANJ - Friday July 10, 2009 08:25AM EDT

Is this the CHANGE you wanted..... Obama and his Cronies aren't going to fine themselves. It will be just like the AIG bonus debacle that went nowhere because the Senate didn't act on it. Couldn't, it would have meant them giving back all the campaign money they got..... The American public is not totally stupid. There are 2 golden rules. One mentioned in the bible, and the other is the banking one. HE WHO HAS THE GOLD MAKES THE GULES.

tango1956a
tango1956a - Friday July 10, 2009 08:25AM EDT

Hmmmmm....Essentially the Swiss are laundering money for wealthy clients? What a surprise. If UBS has 52,000, I wonder what the total number is? Hey, how about getting the names of the 250 the Swiss coughed up!!! AND, I'd love to get the names of the rest of the 52000. Hope their political "contributions" are paid up!!!

traveller
traveller - Friday July 10, 2009 08:25AM EDT

we would all try to evade if had that much money.

Cades
Cades - Friday July 10, 2009 08:26AM EDT

You nailed right on the head Donald C. The long list of cheats of both parties will be come to light.

Miastin
Miastin - Friday July 10, 2009 08:27AM EDT

Yeah....let's encourage the US government to track every single cent of taxpayer's money, including our kids' allowances, while at the same time we're allowing banks and corporations to loot the US treasury courtesy of our, oh so ethical, duely qualified and elected politicians (Al Franken). Grow up socialists...you'd better say no to this invasion of financial privacy while you still can, otherwise you can surely predict what the extent of this policy will lead to down the road. Today it's wealthy tax cheats, which all working people hate, tomorrow it's your kid's meager income while working his/her way through college on tips, perhaps even your own dimes and pennies.

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