Legal

Another Swiss Bank Enters No-Prosecution Agreement With US Authorities

Eliane Chavagon Editor Americas 19 May 2015

Another Swiss Bank Enters No-Prosecution Agreement With US Authorities

The list of Swiss banks entering agreements with US authorities to avoid prosecution for aiding American tax evaders continues to lengthen.

Switzerland-based Finter Bank Zurich is paying $5.4 million to the US Department of Justice to avoid prosecution for helping Americans evade taxes, joining a growing list of banks that have reached such agreements in recent weeks.

Under the non-prosecution agreement, Finter has – on top of the fine – agreed to cooperate in any related criminal or civil proceedings, as well as demonstrate its implementation of controls to stop misconduct involving undeclared US accounts.

The Swiss Bank Program was unveiled in August 2013 as a way for Swiss banks to resolve potential criminal tax liabilities in the US. This year, BSI and Vadian Bank have also settled with US authorities under the US-Swiss pact over tax offences, as reported by this publication here.

Finter was founded in 1958 in Chiasso and has a branch office in Lugano. Since 1 August 2008, it has maintained 283 US-related accounts with an aggregate maximum balance of around $235 million.

“Since its establishment and continuing through at least October 2011, Finter, through its managers, employees and others, aided and assisted US clients in opening and maintaining undeclared accounts in Switzerland and concealing the assets and income they held in these accounts from the Internal Revenue Service (IRS),” the DoJ said.

When UBS announced that it was the target of a criminal investigation by US tax authorities in August 2008, Finter “accepted accounts from US persons exiting other Swiss banks,” the authority added.

The settlements are part of a push by the US and Switzerland to draw a line under long-standing wrangles about Swiss banks holding undeclared assets of Americans. Many Swiss banks no longer provide offshore accounts to US citizens. Wegelin & Co, which no longer operates as a bank, was charged and pleaded guilty in 2013 for conspiring with US taxpayers to evade taxes.

 

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