The whistleblower who exposed misdeed at HSBC s Swiss personal bank has actually been sentenced to five years in prison by a Swiss court.
Herv Falciani, a previous IT worker, was founded guilty in his absence for the biggest leakage in banking history. He is currently living in France, where he sought refuge from Swiss justice, and did not participate in the trial.
It was used to prosecute tax evaders consisting of Arlette Ricci, the heir to France s Nina Ricci perfume empire, and to pursue Emilio Bot n, the late chairman of Spain’s Santander bank.
Switzerland’s federal prosecutor had requested a record six-year term for Falciani for worsened industrial espionage, data theft and infraction of commercial and banking secrecy.
It was the longest sentence ever demanded by the confederation’s public ministry in a case of banking data theft. The trial was likewise the first performed by the nation’s federal criminal court in which the charged had actually not existed. For more click on whistle blower lawyer.
The accused’s attorneys had actually demanded a lowered sentence, of in between two and 3 years, compatible with the giving of a respite.
Falciani himself chose not to appear in the dock, on the premises that he would not be permitted a fair trial. He described the procedure as a parody of justice.
Employed in 2004 to produce a client management database for the Swiss personal bank, Falciani was provided comprehensive access to delicate information. One witness said he had brought his own laptop with him, which the company had no control over. He was able to install his own software on it. The laptop computer s USB ports, into which memory sticks are placed, were not obstructed.
From October 2006 until he was questioned by cops on 22 December 2008, Falciani used his privileged access to download information including bank account numbers, client names, addresses and dates of birth, and sums kept in accounts.
Carlo Bulletti, for the prosecution, rejected the notion of Falciani as a whistleblower, saying his actions, including methods to banks in Lebanon, suggested he had actually wanted to sell the stolen information.
The entire construct of the white knight is just a web of lies, declared Bulletti.
HSBC s legal representative, Laurent Moreillon, said that when copying the information, Falciani had given a series of various factors: that he wanted to perform a basic test, that he was utilizing fictitious information, which he wanted to test the bank’s security. Falciani had actually never ever notified anyone inside the bank to security failings.
Greedy he was and continues to be, claimed Moreillon.
Falciani s lawyer, Marc Henzelin, mentioned that his customer was on trial at a time when Switzerland was in the process of dismantling its banking secrecy practices with propositions for brand-new laws that would pave the way for automatic details exchange about overseas accounts kept in Switzerland.
In fact, Switzerland revealed on 4 November that the nation’s finance ministry temporarily shelved the prepare for reform.
It is not Falciani who is being judged. It is the court. It is Switzerland, said Henzelin.
His customer had actually never rejected taking the information, and had worked honestly with the French, German, British, Spanish, Indian and Argentinian authorities.
A French parliamentary report had actually found that of 2,325 French taxpayers with accounts at HSBC in Switzerland, just three had their affairs in order. Counting on HSBC s legal representative, Henzelin said: What damage are you claiming? That your clients should have paid their taxes?
As a holder of both Italian and French nationality, Falciani cannot be extradited to Switzerland by either of those countries and is for that reason not likely to ever serve his sentence.
HSBC welcomed the judgment, saying: HSBC has actually always preserved that Falciani methodically stole customer’s info in order to sell it for his own personal financial gain. The court heard that he was not motivated by whistleblowing intentions and that this was not a victimless criminal activity.
The investigation showed that HSBC had regularly allowed customers to withdraw bricks of cash, often in foreign currencies of little use in Switzerland; that it strongly marketed plans likely to make it possible for rich clients to prevent European taxes; that it conspired with some clients to hide undeclared black accounts from their domestic tax authorities; which it supplied accounts to global criminals, corrupt business people and other high-risk individuals.