スイスのHSBC銀行の元従業員のHERVE FALCIANI 氏はスイスの銀行に税金逃れのために金を秘密預金している者の情報を盗み、各国の税務署に提供し、脱税者を 摘発するのを手伝う、スペインに入国し国際警察の指名手配でているので逮捕さる、スペイン人では659人で、合計60億0000'0000ユーロ
El ‘ladrón’ de datos del banco HSBC se ofrece a ayudar a la justicia española
Suiza pide la entrega de Falciani, gracias al cual Hacienda destapó a 659 evasores
Manuel Altozano Madrid 13 AGO 2012 - 22:01 CET
The 'thief' data bank HSBC offers to help the Spanish justice
Switzerland calls for the delivery of Falciani, through which Treasury uncovered to 659 evaders
Altozano Manuel Madrid 13 AGO 2012 - 22:01 CET
For Switzerland is a thief. A worthless fellow who has broken one of the hallmarks of the confederation. Nothing short of bank secrecy. France, Italy, UK, USA and Spain, however, have used their information to uncover hundreds of tax evaders who took advantage of the opacity of accounts guaranteed by the State Federer to evade billions of euros and stop declaring in their countries. It Hervé Falciani, the Franco-computer that stole thousands of computer files while working for HSBC bank in Switzerland and then handed them over to French justice. On July 1 arrived in Barcelona by boat. By showing your passport at the port, the officers found that there was an international warrant seeking his arrest and the authorities of Bern. He was arrested by the police, which has moved the dilemma of the hero-villain to the Court. The fourth section of the Spanish court must now decide on his extradition. Falciani has already put on the table its main asset: its valuable information. Has offered to the Spanish courts to discover new fraudsters.
The information provided must be new, because the tax has been two years since France sent in May 2010, using data from the now arrested for investigation of capital flight. One of the affected files allegedly stolen was the chairman of Santander, Emilio Botin. He and other relatives had to pay to finance 200 million euros, after performing the corresponding supplementary declarations for undeclared an account attributed to the late father of the banker because of information supplied by Falciani to French justice. The Government of that country brought to the attention of several European countries through international agreements to exchange tax information.
So Falciani extradition to Switzerland presents major obstacles, according to the National Court. Some of the copied documents while working at HSBC in Geneva and have been used and validated in Spain, among others. Not only for the Treasury, but also by the courts. In the case of the Spanish banker, who is charged with a crime against the Treasury, or their lawyers or the anti-corruption prosecutor who filed the complaint against him, nor the National Court judge Fernando Andreu, who had to instruct the cause , questioned the validity of the call information Falciani list.
Thanks to her, the Tax Office launched "the largest adjustment in the history of the treasury," as stated on October 26, 2010 the then Secretary of State for Finance, Carlos Ocaña. The 3,000 Swiss accounts HSBC copied by Falciani and France provided to Spain belonged to 659 Spanish taxpayers (all individuals, but two companies). In total, the amount unreported by all of them would have exceeded the 6,000 million.
Finance and Corruption judges have given their data valid
The same happened in Italy. Prosecutors in Rome investigated, thanks to the list Falciani, 700 people, including Gianni Bulgari jeweler and fashion designers Valentino and Renato Balestra, all accounts in the Swiss branch of HSBC who served for not reporting to the Treasury.
Italian police estimated that the amount evaded and discovered due to information stolen amounted to 5,270 million euros. In France, 3,000 accounts were investigated, and the undeclared money that came to light, about 12,000 million by Falciani. The computer not only provided information but also helped to decipher the files provided to the prosecution. UK also made use of that data. And, in the U.S., Falciani himself came to give evidence in criminal proceedings by information.
For Switzerland, however, the origin of this information validated by Spain, France, UK and USA, among others, is unlawful. Stolen material, as argued in its request for extradition. Are data on customer accounts in February 1997 to December 2007 which agreed Falciani through his work at HSBC. Between October 2006 and 2009, copied to your own computer and then crossed to obtain "full picture" of bank customers.
"This is personal data (names, age, profession, nationality, address, telephone number, family relationships ...), account balances, bank notes and notes of visits and reports that describe important part, if not almost all of economic activities that HSBC has had with its customers for at least the last ten years, "says the document sent by Switzerland to the Audiencia Nacional requesting delivery.
The computer recognizes that traveled to Lebanon on a false passport
The Swiss prosecutor says Falciani, before collaborating with the French government tried to sell stolen data, although he admits that only has "suspicions" about it. Remember that traveled to Lebanon on a false passport in the name of a certain Ruben Al-Chidiak Audi to offer to bank at its offices in Beirut, but failed. Falciani acknowledges having used a false identity to go there, but denies that it has received, or the Lebanese entity or any other country, a single euro in exchange for information about alleged fraudsters.
At the Hearing expect the extradition process will end uncertain. First, because the breach of banking secrecy, according to Switzerland, had committed Falciani, not a crime in Spain. Quite the contrary. The Law on Prevention of Money Laundering contains a general requirement for banks to report any indications of money laundering. Falciani, according to this rule would not be subject to it being a mere employee, but, in view of the results, there is little doubt it has fulfilled that duty.
His extradition also poses another problem. Access it would admit that the files provided were obtained illegally, which could trigger the theory of the fruit of the poisonous tree. That is, thanks to those files investigated by those who have paid sums millions could return to reclaim the ground that the documents used against them was acquired illegally.
As of July 1, Falciani moved freely through France and Italy because these countries do not extradite their nationals. Now for the first time since the scandal broke, fighting from jail to prove his innocence. Opposite is a powerful adversaries: Swiss prosecutors, one of the strongest banks in the world and hundreds of millionaires in the country accounts faced or will in the future payments of hundreds of millions of euros in taxes.
The 'Albondiguilla' between the accused
The extradition of Hervé Falciani plays, at least at one point, with most of the PP corruption scheme is investigated in the High Court: The Gürtel case. The crime against the Treasury, among others, Judge Pablo Ruz criticizes the popular former mayor of Carr, Arturo Gonzalez Panero, The Albondiguilla, and his ex-wife, Elena Villarroya, allegedly was achieved thanks to the HSBC customer data copied Franco-by.
His complaint is based on a report provided by the Tax Office in May 2011 in which appeared as a proxy and Villarroya Gonzalez Panero as an account manager at HSBC in Switzerland. For the money placed in that state and allegedly evaded, both should be 361,825 euros to the Treasury as income tax for 2005 and 2006. The former instructor Gürtel in the High Court of Madrid, Antonio Pedreira, Switzerland requested information on the account of Panero and his former wife, but the authorities of that country denied in November because "could be related" to the files provided by Falciani France and Switzerland considered stolen. Berne also said that the request of Spanish Judge affects "the principle of good faith between states." To demonstrate its collaboration with Spain, the defense of Falciani has requested that the petition of Pedreira and the response of Switzerland to join the extradition process.
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