Compliance
Compliance Corner: UBP, US Department Of Justice

The latest compliance news: regulatory developments, punishments, guidance, permissions and new product and service offerings.
(The following item appeared originally last Friday in
Compliance Matters, sister news service to this
one.)
Union Bancaire Privée
In a footnote to the US/Swiss Bank Programme of dealing with
old offshore practices, the US Department of Justice has signed
an addendum to a non-prosecution agreement with Union Bancaire
Privée, punishing it for telling it four years ago that it only
had 2,919 US-related accounts.
Geneva-based UBP originally signed its non-prosecution agreement with the Americans on 6 January 2016. The accounts that it told the DoJ about contained assets under management of about $4.9 billion. At the time UBP paid a penalty of $187.7 million for helping HNW Americans evade or avoid paying their taxes. The bank has now admitted that it should have mentioned more accounts than it did at the time.
Banks that "participated in" (i.e. capitulated to) the Swiss Bank Programme were obliged to identify all accounts in which US taxpayers held an interest, directly or indirectly, between 1 August 2008 and 31 December 2014, the better to offset potential criminal liability in the US relating to offshore banking services. UBP had to make a complete disclosure of its cross-border activities, provide detailed information on an account-by-account basis, answer requests for information about accounts and provide detailed information about the transfer of funds into and out of US-related accounts, including undeclared accounts.
“Foreign banks that participated in the Swiss Bank Program were obligated to identify all accounts in which US taxpayers held an interest, directly or indirectly,” Richard E Zuckerman, Principal Deputy Assistant Attorney General for the Tax Division, Department of Justice, said. “Today’s agreement reflects our continued commitment to ensuring that when entities cooperate and make disclosures to the Department, that they do so fully.”
The DoJ signed non-prosecution agreements with 80 banks between March 2015 and January 2016, imposing a total of more than US$1.36 billion in penalties. Today’s agreement has obliged UBP to pay an additional sum of $14 million and provide information about the 97 accounts that it hid.