While The Whistleblower Sits in Prison, More People May Walk Away

On January 28, 2010, the Washington Post announced that the Swiss government has suspended the disclosure of information about tax cheats to the United States under a February 2009 “deferred prosecution” agreement and may seek to renegotiate the deal.  Under the agreement the Swiss government was supposed to provide the U.S. with 4,450 accounts of the 52,000 secret accounts not declared to the IRS.

Basically, this means that 14,700 people walked away without prosecution under the IRS amnesty program, the head of entire illegal UBS program Martin Liechti was allowed to return to Switzerland without prosecution, the 4,450 tax cheats are likely to escape prosecution, and Bradley Birkenfeld (the person responsible for blowing the whistle and ending the illegal UBS program) is still the only banker sitting in prison.

When will the U.S. government wake up?  Bradley Birkenfeld’s prison sentence is not only unjust in terms of how they treated every other person associated with the UBS scandal, it is permanently harming national and international efforts to fight corruption.  Once again, what whistleblower is going to want to come forward after seeing how Mr. Birkenfeld was treated?

Please TAKE ACTION to stop this injustice now!

Advocates Urge Attorney General Holder to Review UBS Whistleblower Case

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Today the National Whistleblowers Center (NWC), the Government Accountability Project (GAP) and the Project On Government Oversight (POGO) urged U.S. Attorney General Eric Holder to review the case of Bradley Birkenfeld, the international banker who blew the whistle on secret offshore accounts at UBS Bank in Switzerland. On August 21, Mr. Birkenfeld was sentenced to 3 years and 4 months in prison for his actions, despite the fact that UBS's tax fraud scheme never would have been discovered without Mr. Birkenfeld's disclosure.

The letter calls on the Department of Justice to reconsider Mr. Birkenfeld's case and "take action to prevent one of the worst setbacks in international law enforcement history."

Whistleblowers who open the door on offshore accounts are not only exposing tax evasion but also the criminals involved in human trafficking,terrorism, drugs and bribery.  The Department of Justice needs to immediately review the negative ramifications of prosecuting individuals who blow the whistle on secret banking.

You can TAKE ACTION by sending your own letter to Attorney General Holder.  

You can read the full letter by clicking here.

World Radio Switzerland Interviews Stephen Kohn on UBS Whistleblower

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A reporter from World Radio Switzerland recently interviewed Stephen Kohn on Bradley Birkenfeld, the Swiss banker who blew the whistle on secret offshore accounts. Mr. Kohn, Executive Director of the National Whistleblowers Center, recently became Mr. Birkenfeld’s lawyer, and is urging the U.S government to review the case. Although he exposed billions of dollars in tax fraud, Mr. Birkenfeld was sentenced to over 3 years in prison in August.

Mr. Birkenfeld is entitled to 15-30% of the money accrued under the IRS tax whistleblower provision, yet he is being punished in exchange for the valuable information he handed over. Punishing Mr. Birkenfeld does a disservice to national and international anti-corruption efforts and discourages other international bankers from coming forward and blowing the whistle.
 
You can find the entire interview with Stephen Kohn by clicking here.

 

*Erin Jensen (a NWC intern) contributed to this posting. 

New Rules for IRS Whistleblowers

The IRS recently changed the rules for tax whistleblowers, improving confidentiality standards for those who report tax fraud. Accountingweb.com has the story here.

Changes to IRS Whistleblower Law Proposed

The U.S. Tax Court has proposed new rules for determining whistleblower awards under section 7623 of the U.S. Tax Code. As reported on WebCPA...

Among the proposed changes are references to actions for re-determination of employment status, determination of relief from joint and several liability, and lien or levy. Another new rule requires that the petition contain only the name, state of legal residence, and mailing address of an individual, as one subsection provides that a whistleblower award may be made to an individual, which would exclude awards to a trust, partnership, association, company or corporation.

The Tax Court's press release and all proposed changes are available here.
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IRS Seeking Public Comment for Whistleblower Regulations

 

For all those interested, the IRS has issued new guidance for claimants under the IRS whistleblower law. They are seeking public comment on the proposed regulations.

See the IRS' proposed rules here.

As stated in section 4 of the document, public comments will be accepted by mail or electronically at Notice.comments@irscounsel.treas.gov.

 

Jason Zuckerman of the Employment Law Group blogs this issue here