Washington,
D.C. April 14, 2010. Former UBS banker Bradley Birkenfeld , who is currently
serving a 40-month sentence for one count of conspiracy to defraud the United
States at Schuylkill County federal prison, will file a formal request for
clemency to President Barack Obama on Tax Day, April 15, 2010.
Mr.
Birkenfeld is the most important tax whistleblower in U.S. history, and
is
credited with being the first international banker to shatter
Switzerland's historic
bank secrecy laws. His allegations have directly resulted in billions
of
dollars in savings to the U.S. taxpayers. Before his imprisonment,
Mr. Birkenfeld's case was highlighted on 60
minutes , and he was named Tax Notes
"Person of the Year. "
During his
sentencing proceeding, the Department of Justice admitted that "but
for Mr. Birkenfeld" the illegal
$20 billion tax evasion "scheme" by the Swiss banking giant UBS
"would not have been discovered by the U.S. government." As a
result of Mr. Birkenfeld's unprecedented and voluntary disclosures, the
U.S.
government stands to recover an estimated $3 to $5 billion in immediate
tax
recoveries. Additionally, UBS was forced to agree to pay a $780 million
fine to the United States and the IRS created an amnesty program under
which
14,700 Americans came forward to report illegal offshore bank accounts.
Mr. Birkenfeld stated the following in his petition for commutation:
"[Birkenfeld] made every effort
to come to the United States on numerous occasions, at his own expense
and risk
to his life, to meet with the DOJ, IRS, SEC and U.S. Senate prior to his
indictment by the DOJ. He also came forth with hundreds of internal
documents recording the illegal actions of UBS and U.S. taxpayers and
testified
about his involvement with Mr. Olenicoff before Olenicoff was indicted
and was
sentenced. As the Justice Department rightfully stated in formal court
filings: 'Birkenfeld has provided
substantial assistance in the investigation and prosecution of others
who have
committed offenses. This substantial assistance has been timely,
significant, useful, truthful, complete and reliable.'" Attachment
11, Motion for Sentence
Reduction filed by the U.S. Department of Justice, U.S. District Court
for the
Southern District of Florida (No. 08-60099)(docketed August 18, 2009),
page
4. DOJ
filing linked
here.
Stephen
Kohn, Executive Director of the National Whistleblowers Center and
attorney for
Mr. Birkenfeld said, "On Tax Day, it is absolutely critical that
President
Obama send a message that whistleblowers are welcome in the United
States. He
can send this message by exercising his constitutional authority and
granting
Bradley Birkenfeld his freedom."
In support
of the clemency petition, the National Whistleblowers Center is
organizing a
worldwide letter writing campaign. A copy of this international appeal
letter is linked
here.
The
official clemency petition will be filed with the President of the
United
States and the Office of the Pardon Attorney on April 15, and will be
made
available online.
Please
contact Lindsey Williams at 202-342-1903 or lmw@whistleblowers.org
to arrange an interview with Mr. Birkenfeld's attorneys, Dean Zerbe or
Stephen
M. Kohn.
Links:
Department
of Justice Motion to Reduce Sentence
NWC
International Appeal
Photo
of Bradley Birkenfeld, courtesy of the
National Whistleblowers Center
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