スイスHSBC情報漏洩、その後
The computer HSBC terminated by his accomplice and companion
It's a Lebanese employee of the bank which was supervised by the Federal Police.
© Lawrence Guiraud/2009 | is trying to sell in Lebanon "booty computer" stolen from HSBC a Lebanese employee of the bank led investigators to his "friend" Hervé Falciani.
24 heures
PIERRE-YVES FREI | 16.12.2009
Each day has its share of surprises in the case of data theft at the bank HSBC. So far, we had understood Herve Falciani, the computer dishonest, had been under surveillance by federal police in 2008, while flight data themselves had taken place between late 2006 and early 2007. In fact, the Franco-Italian 39 year old has been suspected as the latest minutes of the investigation by federal investigators.
Indeed, it is not him but another employee of HSBC who was under surveillance. A woman of Lebanese origin, who occupied a lesser position and Herve Falciani, who apparently shared and still shares his life. In any case, what Le Parisien suggests in its edition yesterday. A version confirmed by a source close to the investigation yesterday contacted by the Tribune de Genève.
Following the data theft perpetrated by Herve Falciani, for he alone had the access and skills to do so, the couple tried to negotiate his booty with Lebanese intermediaries, private or official, the latter remains obscure. Without success. Not only their proposal has met with no positive response, but also the person or agency they have tried to interest will be sent to warn the Swiss authorities for their attempt.
Duplicate data?
Or rather his attempt. For at this stage, the eyes of federal investigators were wholly fixed upon the young woman of Lebanese origin. With the agreement of the bank, they were obviously aware of the case of Lebanon, they follow the actions of this employee for several months. Finally, the young woman was arrested and brought before a federal judge at the same time as the bank, which had more reason to stay on the reservation, filed a complaint for trespass in a computer system.
As already said, it seems that this employee was not qualified to be herself the author of flight data. Investigators sought probably one or accomplice. Pressed by questions from the federal magistrate, the young woman had finally decided to reveal the name of his companion, Hervé Falciani.
It is then arrested at his lap and his computer seized. The rest is history. Released the day after his arrest, or December 23, the computer left Switzerland for France. Probably with a copy of the data it eventually propose to the French authorities.
The tax agreement with France threatened
"I do not see why Switzerland should feel bound by an engagement with France in these conditions. Confidence is started, "says the National Council Martine Brunschwig Graf (PLR / GE). She is angry at the attitude of the French government fully intends to conduct a hunt for tax fraud on its territory using the listing stolen illegally in the Geneva bank HSBC (see our past and editions of before yesterday).
In these circumstances, threatens the liberal, "a majority of parliament" could jeopardize the agreement of double taxation signed with France. Certainly, Switzerland needs to sign agreements for twelve out of the blacklist of tax havens by the OECD. But "there may have been twelve agreements without that of France," said Christian Lüscher (PLR / GE).
"Illegal practice"
Forty parliamentary bourgeois (liberal-radical, or UDC Christian Democrats) signed last Thursday a statement by Martine Brunschwig Graf She asked the Federal Council out of its reserves and to speak on "these illegal practices." Signatory, Christophe Darbellay (President of PDC) speaks of an "unacceptable attitude" of France: "Our only leverage is in that agreement." From the side of the UDC - which has promised a referendum to each agreement signed - the matter is heard. But even left for non-signatories of the text, some voices argue the protest concert. "On the merits, I agree with the fact moralize finance, our party has always called for, but personally, I find that the end does not justify the means", says the Green Adèle Thorens Goumaz Vaud .
Arrested, the government has discretion. If this is a short reaction Minister Moritz Leuenberger (SP), given to the Swiss television: "A state law can not use instruments stolen, it is unworthy."
MPs feel that their anger has an objective basis and transcends political divisions. For proof, Martine Brunschwig Graf recalls the words of Bernard Bertossa, former prosecutor of the Republic and Canton of Geneva: "In terms of law, France has no right to use these data, the magistrate reiterated Sunday The first evening. As much as I am critical vis-à-vis the Swiss, who has never so far worked actively against tax cheating, so I cannot admit the use of offenses committed in Switzerland to prosecute persons France. "
The shot of the dealer ...
Some elected officials clearly do not share the indignation of the moment. Like the Waldensians Roger Nordmann (PS), which considers the logical investigation for tax evasion by the prosecutor of Nice on the basis of listing stolen in Geneva: "If the police arrest a dealer, you cannot blame him for watching phone memory to investigate. But if Switzerland wants to sink the new tax agreement and end up completely isolated internationally, is his choice. "
HSBC: the parliament may block the Franco-Swiss Double Taxation
Tax Evasion | The Swiss parliament, which must still approve the double taxation agreement ratified in August between Paris and Bern could oppose post-flight data at HSBC Bank in Geneva, warned Tuesday the financial and political.
AFP | 15.12.2009
"The situation casts a shadow on the political level and it will not be easy to ratify the convention on double taxation by the parliament," said Secretary General of the Association of Swiss Private Bankers, Michel Dérobert.
The France and Switzerland in late August signed an addendum to their double taxation agreement to exchange information in cases of tax fraud, raising them for the protection of Swiss banking secrecy.
The agreement, in line with OECD standards, was sent to parliament must still approve the text. The agreement may be blocked even before its submission to parliament. It can also be rejected by MPs and possibly subject to a referendum.
The flight data to the subsidiary of British bank HSBC, which amounts to 130,000 names by the prosecutor Eric de Montgolfier Nice, has created a stir in the Swiss political class.
"In this context, I am worried. I do not see a majority in parliament following the Federal Council," warned the member of the Party of Radical-Liberals (PLR) Martine Brunschwig-Graf, cited by Agefi.
His colleague Christian Lüscher has meanwhile said in The Tribune of Geneva, that "using data stolen in a criminal case is unworthy of a state of law".
"If the government does not act quickly, he suggests that tolerates such behavior," added the Democrat-Christian Bischof Pirmin, the newspaper said.
According to a source familiar with the matter, the data stolen from HSBC have set up a "big part" of the list of the 3000 French taxpayers suspected of hiding assets in offshore accounts, the government said in late August be possession.
HSBC data thief: he is Christoph Meili France?
PARIS - Herve Falciani was an employee of the Geneva private bank HSBC. "Off" noble motives, he had delivered France's tax authorities, customer names. This is reminiscent of the UBS-Wachmann Meili.
Blick.ch
Aktualisiert um 09:55 | 16.12.2009 Updated at 09:55 | 16.12.2009
"I do not regret anything," Hervé Falciani, a former computer scientist with the Geneva private bank HSBC. (Screenshot SF) (Screenshot SF)
"What do you do when you find something like that? You can either bury our heads in the sand or try to understand, "said Hervé Falciani (38) compared to the" Tagesschau ". The computer scientist says that his data theft at the Geneva private bank HSBC. He did it because the bank supported tax cheats.
The Franco-Italian dual citizen of France wants to tax authorities have leaked a list of about 130,000 names and movements of funds suspected tax fraudsters, underneath several thousand French (blick.ch) reported.
Memories of the case, Meili
He had done for the "noble motives" and have no regrets, Falciani said defiantly. He had not received money for it.
The fact is Falciani was arrested in December 2008 in Geneva, because he was accused Klaus of the data. When he next day from the pre-trial detention was released, he set off for France. There let prosecutor Eric de Montgolfier Falcianis house search and seize his computer. The data of French customers were allegedly found. Falciani was protected as a witness and went into hiding.
This is reminiscent of a similar case in Switzerland: The security guard Christoph Meili on 8 January 1997 document on banking relations between the Swiss banking company SBG (now UBS) and saved the Jewish people from annihilation in the shredder and turn them over to the police.
The hero has died
The records documented business before World War II. Meili was tried out in Zurich because of violation of bank secrecy and fled to the United States. There he received thanks to the support of the controversial lawyer Ed Fagan political asylum.
Fagans commitment to the security guard was no accident: The attorney represented the World Jewish Congress (WJC) in a 2.5-billion-dollar claim against the Swiss banks. It was about unclaimed assets of Holocaust victims. The trial ended in a settlement. The banks paid 1.25 billion U.S. dollars - "thanks to Meili's" evidence. This was approximately one million U.S. dollars from the WJC.
Meili even turned quickly away from Fagan, let divorced and ran into financial difficulties. Since April 2009 he returned to live in Switzerland.
We are excited to further Falcianis career. (zum) (to)
It's a Lebanese employee of the bank which was supervised by the Federal Police.
© Lawrence Guiraud/2009 | is trying to sell in Lebanon "booty computer" stolen from HSBC a Lebanese employee of the bank led investigators to his "friend" Hervé Falciani.
24 heures
PIERRE-YVES FREI | 16.12.2009
Each day has its share of surprises in the case of data theft at the bank HSBC. So far, we had understood Herve Falciani, the computer dishonest, had been under surveillance by federal police in 2008, while flight data themselves had taken place between late 2006 and early 2007. In fact, the Franco-Italian 39 year old has been suspected as the latest minutes of the investigation by federal investigators.
Indeed, it is not him but another employee of HSBC who was under surveillance. A woman of Lebanese origin, who occupied a lesser position and Herve Falciani, who apparently shared and still shares his life. In any case, what Le Parisien suggests in its edition yesterday. A version confirmed by a source close to the investigation yesterday contacted by the Tribune de Genève.
Following the data theft perpetrated by Herve Falciani, for he alone had the access and skills to do so, the couple tried to negotiate his booty with Lebanese intermediaries, private or official, the latter remains obscure. Without success. Not only their proposal has met with no positive response, but also the person or agency they have tried to interest will be sent to warn the Swiss authorities for their attempt.
Duplicate data?
Or rather his attempt. For at this stage, the eyes of federal investigators were wholly fixed upon the young woman of Lebanese origin. With the agreement of the bank, they were obviously aware of the case of Lebanon, they follow the actions of this employee for several months. Finally, the young woman was arrested and brought before a federal judge at the same time as the bank, which had more reason to stay on the reservation, filed a complaint for trespass in a computer system.
As already said, it seems that this employee was not qualified to be herself the author of flight data. Investigators sought probably one or accomplice. Pressed by questions from the federal magistrate, the young woman had finally decided to reveal the name of his companion, Hervé Falciani.
It is then arrested at his lap and his computer seized. The rest is history. Released the day after his arrest, or December 23, the computer left Switzerland for France. Probably with a copy of the data it eventually propose to the French authorities.
The tax agreement with France threatened
"I do not see why Switzerland should feel bound by an engagement with France in these conditions. Confidence is started, "says the National Council Martine Brunschwig Graf (PLR / GE). She is angry at the attitude of the French government fully intends to conduct a hunt for tax fraud on its territory using the listing stolen illegally in the Geneva bank HSBC (see our past and editions of before yesterday).
In these circumstances, threatens the liberal, "a majority of parliament" could jeopardize the agreement of double taxation signed with France. Certainly, Switzerland needs to sign agreements for twelve out of the blacklist of tax havens by the OECD. But "there may have been twelve agreements without that of France," said Christian Lüscher (PLR / GE).
"Illegal practice"
Forty parliamentary bourgeois (liberal-radical, or UDC Christian Democrats) signed last Thursday a statement by Martine Brunschwig Graf She asked the Federal Council out of its reserves and to speak on "these illegal practices." Signatory, Christophe Darbellay (President of PDC) speaks of an "unacceptable attitude" of France: "Our only leverage is in that agreement." From the side of the UDC - which has promised a referendum to each agreement signed - the matter is heard. But even left for non-signatories of the text, some voices argue the protest concert. "On the merits, I agree with the fact moralize finance, our party has always called for, but personally, I find that the end does not justify the means", says the Green Adèle Thorens Goumaz Vaud .
Arrested, the government has discretion. If this is a short reaction Minister Moritz Leuenberger (SP), given to the Swiss television: "A state law can not use instruments stolen, it is unworthy."
MPs feel that their anger has an objective basis and transcends political divisions. For proof, Martine Brunschwig Graf recalls the words of Bernard Bertossa, former prosecutor of the Republic and Canton of Geneva: "In terms of law, France has no right to use these data, the magistrate reiterated Sunday The first evening. As much as I am critical vis-à-vis the Swiss, who has never so far worked actively against tax cheating, so I cannot admit the use of offenses committed in Switzerland to prosecute persons France. "
The shot of the dealer ...
Some elected officials clearly do not share the indignation of the moment. Like the Waldensians Roger Nordmann (PS), which considers the logical investigation for tax evasion by the prosecutor of Nice on the basis of listing stolen in Geneva: "If the police arrest a dealer, you cannot blame him for watching phone memory to investigate. But if Switzerland wants to sink the new tax agreement and end up completely isolated internationally, is his choice. "
HSBC: the parliament may block the Franco-Swiss Double Taxation
Tax Evasion | The Swiss parliament, which must still approve the double taxation agreement ratified in August between Paris and Bern could oppose post-flight data at HSBC Bank in Geneva, warned Tuesday the financial and political.
AFP | 15.12.2009
"The situation casts a shadow on the political level and it will not be easy to ratify the convention on double taxation by the parliament," said Secretary General of the Association of Swiss Private Bankers, Michel Dérobert.
The France and Switzerland in late August signed an addendum to their double taxation agreement to exchange information in cases of tax fraud, raising them for the protection of Swiss banking secrecy.
The agreement, in line with OECD standards, was sent to parliament must still approve the text. The agreement may be blocked even before its submission to parliament. It can also be rejected by MPs and possibly subject to a referendum.
The flight data to the subsidiary of British bank HSBC, which amounts to 130,000 names by the prosecutor Eric de Montgolfier Nice, has created a stir in the Swiss political class.
"In this context, I am worried. I do not see a majority in parliament following the Federal Council," warned the member of the Party of Radical-Liberals (PLR) Martine Brunschwig-Graf, cited by Agefi.
His colleague Christian Lüscher has meanwhile said in The Tribune of Geneva, that "using data stolen in a criminal case is unworthy of a state of law".
"If the government does not act quickly, he suggests that tolerates such behavior," added the Democrat-Christian Bischof Pirmin, the newspaper said.
According to a source familiar with the matter, the data stolen from HSBC have set up a "big part" of the list of the 3000 French taxpayers suspected of hiding assets in offshore accounts, the government said in late August be possession.
HSBC data thief: he is Christoph Meili France?
PARIS - Herve Falciani was an employee of the Geneva private bank HSBC. "Off" noble motives, he had delivered France's tax authorities, customer names. This is reminiscent of the UBS-Wachmann Meili.
Blick.ch
Aktualisiert um 09:55 | 16.12.2009 Updated at 09:55 | 16.12.2009
"I do not regret anything," Hervé Falciani, a former computer scientist with the Geneva private bank HSBC. (Screenshot SF) (Screenshot SF)
"What do you do when you find something like that? You can either bury our heads in the sand or try to understand, "said Hervé Falciani (38) compared to the" Tagesschau ". The computer scientist says that his data theft at the Geneva private bank HSBC. He did it because the bank supported tax cheats.
The Franco-Italian dual citizen of France wants to tax authorities have leaked a list of about 130,000 names and movements of funds suspected tax fraudsters, underneath several thousand French (blick.ch) reported.
Memories of the case, Meili
He had done for the "noble motives" and have no regrets, Falciani said defiantly. He had not received money for it.
The fact is Falciani was arrested in December 2008 in Geneva, because he was accused Klaus of the data. When he next day from the pre-trial detention was released, he set off for France. There let prosecutor Eric de Montgolfier Falcianis house search and seize his computer. The data of French customers were allegedly found. Falciani was protected as a witness and went into hiding.
This is reminiscent of a similar case in Switzerland: The security guard Christoph Meili on 8 January 1997 document on banking relations between the Swiss banking company SBG (now UBS) and saved the Jewish people from annihilation in the shredder and turn them over to the police.
The hero has died
The records documented business before World War II. Meili was tried out in Zurich because of violation of bank secrecy and fled to the United States. There he received thanks to the support of the controversial lawyer Ed Fagan political asylum.
Fagans commitment to the security guard was no accident: The attorney represented the World Jewish Congress (WJC) in a 2.5-billion-dollar claim against the Swiss banks. It was about unclaimed assets of Holocaust victims. The trial ended in a settlement. The banks paid 1.25 billion U.S. dollars - "thanks to Meili's" evidence. This was approximately one million U.S. dollars from the WJC.
Meili even turned quickly away from Fagan, let divorced and ran into financial difficulties. Since April 2009 he returned to live in Switzerland.
We are excited to further Falcianis career. (zum) (to)
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