MIAMI (Reuters) - A U.S. judge on Monday upheld the prison sentence
of a key informant in the tax fraud case against Swiss bank UBS AG and
ordered him to start serving his 40-month term as scheduled this Friday.
The ruling by Fort Lauderdale Federal Judge William Zloch ignored
both public and legal pleas for leniency by former UBS banker Bradley
Birkenfeld, the main whistleblower in the high-profile case that
cracked open Swiss banking secrecy.
Lawyers for Birkenfeld had asked Zloch last month to postpone the
January 8 start of his prison term, saying he was ready to cooperate
further with the authorities in their pursuit of U.S. tax cheats.
The lawyers also requested reconsideration by Zloch of the jail term
he gave Birkenfeld, a 44-year-old U.S. citizen who has been hailed by
whistleblower advocates and U.S. prosecutors alike as a vital
information source in the U.S. government's case against UBS, his
former employer.
The Swiss bank was targeted in a wide federal probe of thousands of U.S. tax cheats who hid assets in secretive UBS accounts.
In a ruling filed on Monday, Zloch rejected the requests filed on
Birkenfeld's behalf, saying they were denied after careful
consideration of their merits.
Birkenfeld was handed his 40-month sentence by Zloch in August, two
days after U.S. and Swiss authorities signed a pact in which
Switzerland agreed to reveal the names of about 4,450 wealthy American
clients of UBS to U.S. tax investigators.
Birkenfeld had pleaded guilty to a single fraud conspiracy count in
June 2008, when he acknowledged helping his largest U.S. client hide
assets from the Internal Revenue Service.
In a claim disputed by Birkenfeld's lawyers in a December 7 letter
to U.S. Attorney General Eric Holder, Justice Department officials have
said the jail time was justified because he was not initially
forthcoming about the tax fraud committed by his billionaire U.S.
client Igor Olenicoff.
WHISTLEBLOWER REWARD?
Giving his first public interview on Sunday, Birkenfeld told CBS
television's "60 Minutes" that he played a pivotal role in the U.S.
case against UBS by breaking the traditional silence and secrecy
surrounding Swiss private banking.
"I gave them the biggest tax fraud case in the world. I exposed
19,000 international criminals. And I'm going to jail for that?" he
asked.
Birkenfeld did not immediately respond to Reuters on Monday, when
asked for his reaction to Zloch's ruling. But one of his attorneys,
Stephen Kohn, strongly criticized the decision not to reconsider
Birkenfeld's sentence.
"Putting only the whistleblower in jail while all the major tax
cheats who stole billions of taxpayer dollars escape without criminal
penalties is outrageous and sends the wrong message," said Kohn,
executive director of the National Whistleblowers Center, a Washington,
D.C.-based advocacy group.
Despite Birkenfeld's upcoming prison term, the Boston-area native
may still be entitled to collect tens of millions of dollars under a
federal law that rewards whistleblowers with up to 30 percent of the
money recovered as a result of the information they provide, even if
they committed a crime.
The U.S. Internal Revenue Service, which has estimated the case
against UBS recovered billions in lost taxes, will ultimately decide
whether Birkenfeld qualifies for the reward.
Mon Jan 4, 2010 8:24pm GMT
By Tom Brown
(Reporting by Tom Brown; Editing by Pascal Fletcher and Maureen Bavdek)
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