Birkenfeld Attorneys Ask Attorney General Holder to Reopen Case
Washington, D.C. December 28, 2009. Attorneys representing Bradley Birkenfeld, the former Swiss banker who blew whistle on UBS's 20 Billion Dollar tax
fraud scheme, have sent a request to Attorney General Eric Holder asking him to reopen his criminal case. Linked
below is a letter sent to Attorney General Eric Holder concerning the criminal
prosecution of Bradley Birkenfeld by attorneys representing him in his whistleblower case.
Although credited with
providing critical information that enabled the United States Government to prosecute UBS Bank and recover
billions of dollars in lost tax revenue, the Justice Department indicted
Mr. Birkenfeld, the only whistleblower
in the case. In addition to indicting Mr. Birkenfeld, the Justice Department strongly urged the federal
judge hearing his case to imprison him.
On August 21, 2009, based on the
representations made on-the-record by the Justice Department prosecutor, the
judge ordered Mr. Birkenfeld to serve an
unprecedented 40 months in federal prison. However, as set forth in the
attached letter, the Justice Department made false representations to the Court, and improperly
accused the only whistleblower of
misconduct. The objective factual record, fully documented in the attached
letter, demonstrates that Mr. Birkenfeld did not engage in the misconduct
alleged by the Justice Department. The letter urges the Attorney General to
prevent a gross "miscarriage of justice" that will occur if Mr. Birkenfeld is imprisoned. The letter and
attached exhibits are linked below.