Jan. 8 (Bloomberg) -- Bradley Birkenfeld, a key
informant in a U.S. investigation of offshore tax evasion aided by UBS
AG, reported today to a federal prison in Pennsylvania to start a
40-month prison term that he denounced as unfair.
Birkenfeld, who pleaded guilty in 2008 to
conspiracy, told reporters he shouldn’t be jailed for blowing the
whistle on how UBS helped wealthy Americans evade taxes through secret
bank accounts. UBS avoided prosecution in the U.S. by agreeing in
February to pay $780 million, disclosing data on more than 250 Swiss
accounts, and admitting it helped foster tax evasion. In August, UBS
agreed to hand over data on another 4,450 accounts.
“I’d like to say how proud I am to be courageous
enough to come forward to do what I did to expose the largest tax fraud
in the world,” Birkenfeld, 44, told reporters outside of the Schuylkill
Federal Correctional Institution in Minersville.
Birkenfeld, who was a banker at Zurich-based UBS for
five years, was sentenced to prison on Aug. 21 by U.S. District Judge
William Zloch in Fort Lauderdale, Florida. A federal prosecutor, Kevin
Downing, recommended a 30-month sentence and said Birkenfeld’s
cooperation had exposed a “massive tax fraud scheme” at UBS,
Switzerland’s largest bank.
Birkenfeld claimed the Justice Department under
former President George Bush mistreated him by urging a prison term
when it “rewarded” UBS with a deferred-prosecution agreement, and other
bankers and taxpayers avoided prison.
‘Sacrificed My Life’
“The American taxpayers should be outraged, and this
is what I’m getting?” said Birkenfeld, who spoke to reporters as snow
fell. “I sacrificed my life, my reputation, my finances, and this is
how I get treated?”
Birkenfeld’s imprisonment will have a “chilling”
effect on other bankers who may seek to come forward and report
wrongdoing, said his attorney, Stephen Kohn, executive director of the
National Whistleblower Center in Washington.
“To take the whistleblower who is responsible for
the single largest recovery ever for the American taxpayer, who has
already saved $2 to $3 to $4 billion and put him in jail is a travesty
of justice, a miscarriage of justice, and it’s grotesque,” Kohn told
reporters.
Birkenfeld is seeking a reward from the Internal
Revenue Service of as much as 30 percent of any taxes the agency
recovers as a result of his whistleblowing activities.
Birkenfeld first came to U.S. authorities in 2007 to
report how UBS courted wealthy Americans without a license from U.S.
regulators and helped them set up accounts to evade taxes. He spoke
that year to the Justice Department, U.S. Senate, IRS and Securities
and Exchange Commission.
No Immunity
Still, he failed to reach an immunity agreement with
prosecutors and was indicted under seal in April 2008 for conspiracy.
He was arrested a month later at Logan International Airport in Boston
as he went to a high school reunion.
When he pleaded guilty six weeks later, he said UBS
made $200 million a year helping wealthy U.S. clients conceal $20
billion in assets. He said the bank set up sham entities in
Switzerland, Panama, Hong Kong, the British Virgin Islands and other
tax havens.
He continued to cooperate with prosecutors, although
a rift developed with the Justice Department by the time of his
sentencing. At that hearing, Downing said Birkenfeld wasn’t initially
truthful about his own role in the fraud and his dealings with his
largest client, Igor Olenicoff, a California real-estate developer.
Olenicoff pleaded guilty to filing a false tax
return, admitting he hid $200 million in assets at UBS. He got two
years probation.
No Remorse
At his sentencing and outside the prison today, Birkenfeld expressed no remorse about helping Americans evade taxes.
“This was the system that was working in Switzerland, and it shouldn’t have been done,” Birkenfeld said today.
On Dec. 26, Birkenfeld asked Zloch to delay his
prison surrender date and grant him a new hearing on his sentence.
Zloch denied that request on Jan. 4, a day after Birkenfeld was
interviewed on CBS Corp.’s “60 Minutes” television show and criticized
his sentence.
Birkenfeld said he was not scared to spend time
behind bars in Minersville, which is 46 miles north of Harrisburg, the
state capital.
“I’ll be doing what I always do,” he said. “I’ll be
doing a lot of reading and working out and hopefully encouraging other
whistleblowers around the world to come forward.”
The case is U.S. v. Birkenfeld, 08-cr-60099, U.S. District Court, Southern District of Florida (Fort Lauderdale).
By David Voreacos
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