Part of a series on |
Taxation |
---|
An aspect of fiscal policy |
Swiss Leaks (or SwissLeaks) is a journalistic investigation, released in February 2015, of a giant tax evasion scheme allegedly operated with the knowledge and encouragement of the British multinational bank HSBC via its Swiss subsidiary, HSBC Private Bank (Suisse). [1] Triggered by leaked information from French computer analyst Hervé Falciani [1] on accounts held by over 100,000 clients and 20,000 offshore companies with HSBC in Geneva, the disclosed information was then called "the biggest leak in Swiss banking history". [2]
This section needs expansionwith: examples and additional citations. You can help by adding to it. (April 2016) |
Investigators allege that 180.6 billion euros passed through HSBC accounts held in Geneva by over 100,000 clients and 20,000 offshore companies between November 2006 and March 2007. The data for this period comes from files removed from HSBC Private Bank by a former staffer, software engineer Hervé Falciani, [1] who fled to Lebanon with the attempt to sell it. [3] Later he handed it to French authorities in late 2008. [4]
In December 2008, Falciani was detained by Swiss authorities, who questioned him concerning suspected data theft. [4] [5] Released "overnight" by Swiss police, he fled with his family and the data files to France. On 20 January 2009, authorities in Nice initiated the search of the home Falciani's father, where he had been living. [4]
On January 20, 2009, the prosecutor’s office in Nice, responding to a request from Swiss authorities, ordered a search of Falciani's father's home, where he had been staying. [4] The Nice prosecutors began examining the files Falciani and decided that they were of relevance to France's interest, and refused the Swiss extradition request. [4] [5]
The data, some 600 files with a total size over 100 GB, took time to analyze, but French authorities were assisted by Falciani. [4] By early 2010, French tax authorities had begun notifying other countries' tax officials about the files. [5]
In April 2015, Nina Ricci's heir, Arlette Ricci, was convicted of tax evasion in a Paris court on the basis of the Swiss Leaks files. Ricci was given a three-year prison sentence, two of them suspended, and had real estate in Paris and Corsica seized. She was also assessed a million-euro fine, for showing a "particularly determined willingness" to hide money (some €18m) with the help of HSBC. Some 50 other wealthy French individuals were expected to be brought to court for similar activities (several others having settled out of court, of the 72 originally up for prosecution). [1] [6]
Five days earlier, HSBC itself had been charged in France for complicity in concealing fiscal fraud and illegal selling via its Swiss branch. [6]
According to the International Consortium of Investigation Journalists (ICIJ), which treated the data of the Swiss Leaks, Morocco is concerned by $1.6 billion[ clarification needed ] of tax evasion and stands at thirty-seventh place of the affected countries. Morocco stands at twenty-third place for the number of clients (1068). The maximal amount of tax evasion for one client was $74.1 million and the average was $1.5 million. [7] As stated in the Moroccan law, it is strictly forbidden to have a foreign bank account. But the documents revealed that the royal family were part of the HSBC clients. Prince Moulay Rachid was touched by this scandal, the princess Lalla Meryem and the current king Mohammed VI with an amount $9.1 million hidden in the HSBC bank. [8] [9]
Given the scale of the investigation, Le Monde called upon 154 journalists [1] affiliated with 47 different media outlets including: The Guardian , CBS, Süddeutsche Zeitung , and The Indian Express , among others, to help analyze the data. The International Consortium of Investigative Journalists (ICIJ) has been coordinating this international collaborative effort.
In February 2015, the International Consortium of Investigative Journalists (ICIJ) website released information about bank accounts in Switzerland under the title Swiss Leaks: Murky Cash Sheltered by Bank Secrecy, [10] which involves the Swiss Leaks Project, [11] a website containing almost 60,000 leaked files that provide details on over 100,000 HSBC clients and their bank accounts.
The Swiss Leaks Project's [11] investigations revealed that HSBC's Geneva branch, ignoring these rules, helped people accused of drug-running, corruption, money-laundering or arms-dealing conceal billions of dollars in Switzerland.
Among the 66 names revealed by the Swiss Leaks investigation are:
The top 10 countries involved, in terms of dollar amounts and number of clients in leaked Swiss files, are shown in the tables below. [13]
Rank | Country | Amount (billions of US$) |
---|---|---|
1 | Switzerland | 31.2 |
2 | United Kingdom | 21.7 |
3 | Venezuela | 14.8 |
4 | United States | 13.4 |
5 | France | 12.5 |
6 | Israel | 10 |
7 | Italy | 7.5 |
8 | Bahamas | 7 |
9 | Brazil | 7 |
10 | Belgium | 6.3 |
Rank | Country | Number of clients |
---|---|---|
1 | Switzerland | 11,235 |
2 | France | 9,187 |
3 | United Kingdom | 8,844 |
4 | Brazil | 8,667 |
5 | Italy | 7,499 |
6 | Israel | 6,544 |
7 | United States | 4,183 |
8 | Argentina | 3,625 |
9 | Turkey | 3,105 |
10 | Belgium | 3,002 |
By July 2021, the Government of India identified undeclared assets worth of about ₹ 8,465 crore (equivalent to ₹95 billionorUS$1.2 billion in 2023) following the investigation and levied ₹1,294 crore (equivalent to ₹15 billionorUS$180 million in 2023) in tax penalty. [14]
In March 2015, the French financial state prosecutor has requested that HSBC's Swiss private bank be sent to criminal trial over the suspected tax-dodging scheme for wealthy customers. The recommendation follows a lengthy investigation by local magistrates into alleged tax fraud involving 3,000 French taxpayers and is a procedural step that brings the Swiss banking arm one step closer to a possible trial in France. [15]
In November 2017, HSBC has agreed to pay 300 million euros ($352 million) to avoid going to trial in France for enabling tax fraud. The deal struck between the financial crime prosecutor's office and the bank is a first in France under a new procedure that allows companies under suspicion of corruption or dissimulation of tax fraud to negotiate a fine to stop a case from going to trial.
French prosecutors have now dropped the case against HSBC Holdings. [16]
This section needs expansionwith: examples and additional citations. You can help by adding to it. (April 2016) |
BBC reported that HSBC had put pressure on media not to report about the controversy, with British newspaper The Guardian claiming HSBC advertising had been put "on pause" after The Guardian's coverage of the matter. [17] Peter Oborne, chief political commentator at the Daily Telegraph resigned from the paper; in an open letter he claimed the Daily Telegraph suppressed negative stories and dropped investigations into HSBC because of the bank's advertising. [18] CBS published a story about the leaks in its news program 60 Minutes . [19]
Banking in Switzerland dates to the early 18th century through Switzerland's merchant trade and has, over the centuries, grown into a complex, regulated, and international industry. Banking is seen as emblematic of Switzerland. The country has a long history of banking secrecy and client confidentiality reaching back to the early 1700s. Starting as a way to protect wealthy European banking interests, Swiss banking secrecy was codified in 1934 with the passage of a landmark federal law, the Federal Act on Banks and Savings Banks. These laws, which were used to protect assets of persons being persecuted by Nazi authorities, have also been used by people and institutions seeking to illegally evade taxes, hide assets, or generally commit financial crime.
HSBC Holdings plc, originally The Hongkong and Shanghai Banking Corporation, and known locally as HongkongBank in Hong Kong, Canada and Australia during the early 1980s to late 1990s, is a British universal bank and financial services group headquartered in London, England, with business links to East Asia and a multinational footprint. It is the largest Europe-based bank by total assets, ahead of BNP Paribas, with US$2.953 trillion as of December 2021. In 2021, HSBC had $10.8 trillion in assets under custody (AUC) and $4.9 trillion in assets under administration (AUA).
Gerard Ryle is an Irish-Australian investigative reporter who has written on subjects including politics, financial and medical scandals, and police corruption. From 2011, he has been director of the International Consortium of Investigative Journalists, which has published research on international tax evasion and money laundering, citing the leaked Panama Papers, Paradise Papers and Pandora Papers.
The Organized Crime and Corruption Reporting Project (OCCRP) is a global network of investigative journalists with staff on six continents. It was founded in 2006 and specializes in organized crime and corruption.
The International Consortium of Investigative Journalists, Inc. (ICIJ), is an independent global network of 280 investigative journalists and over 140 media organizations spanning more than 100 countries. It is based in Washington, D.C., with personnel in Australia, France, Spain, Hungary, Serbia, Belgium and Ireland.
Rudolf Elmer is a Swiss private banker, whistleblower, and activist. He worked as a banker at Julius Bär from the 1980s to his dismissal in 2002. At this time, he was head of the bank's Caribbean operations for eight years. In 2005 he was arrested by Zürich authorities and held for 30 days as Swiss authorities alleged he unsuccessful attempted to disclose client information.
In India, black money is funds earned on the black market, on which income and other taxes have not been paid. Also, the unaccounted money that is concealed from the tax administrator is called black money. The black money is accumulated by the criminals, smugglers, and tax-evaders. Around ₹22,000 crores are supposed to have been accumulated by the criminals for vested interests, though writ petitions in the supreme court estimate this to be even larger, at ₹900 lakh crores.
The Lagarde List is a spreadsheet containing roughly 2,000 potential tax evaders with undeclared accounts at Swiss HSBC bank's Geneva branch. It is named after former French finance minister Christine Lagarde, who in October 2010 passed it on to Greek officials to help them crack down on tax evasion. However, it was only two years later the list became known to a wider public, when Greek journalist Kostas Vaxevanis published it in his magazine Hot Doc, protesting against the Greek government's failure to launch an investigation.
Mossack Fonseca & Co. was a Panamanian law firm and corporate service provider. At one time it was the world's fourth-largest provider of offshore financial services. From its establish in 1977 until the publication of the Panama Papers in April 2016, the company remained mostly obscured from public attention, even though it was a major firm in the global offshore industry and acted for approximately 300,000 companies. Prior to its dissolution, the company employed roughly 600 staff members spread across 42 countries.
Offshore Leaks is a report disclosing details of 130,000 offshore accounts that came out in April 2013. Some observers have called it the biggest hit against international tax fraud of all times, although it has been pointed out that normal businesses may use the offshore legislation to ease formalities in international trade.
Hervé Daniel Marcel Falciani is a French-Italian systems engineer and whistleblower who is credited with "the biggest banking leak in history." In 2008, Falciani began collaborating with numerous European nations by providing allegedly illegal stolen information relating to more than 130,000 suspected tax evaders with Swiss bank accounts – specifically those with accounts in HSBC's Swiss subsidiary HSBC Private Bank.
The Swiss investment bank and financial services company, UBS Group AG, has been at the center of numerous tax evasion and avoidance investigations undertaken by U.S., French, German, Israeli, and Belgian tax authorities as a consequence of their strict banking secrecy practices.
Luxembourg Leaks is the name of a financial scandal revealed in November 2014 by a journalistic investigation conducted by the International Consortium of Investigative Journalists. It is based on confidential information about Luxembourg's tax rulings set up by PricewaterhouseCoopers from 2002 to 2010 to the benefits of its clients. This investigation resulted in making available to the public tax rulings for over three hundred multinational companies based in Luxembourg.
Stéphanie Balique-Gibaud is a public relations and an event marketing specialist.
The Panama Papers are 11.5 million leaked documents that were published beginning on April 3, 2016. The papers detail financial and attorney–client information for more than 214,488 offshore entities. The documents, some dating back to the 1970s, were created by, and taken from, former Panamanian offshore law firm and corporate service provider Mossack Fonseca, and compiled with similar leaks into a searchable database.
Linkurious is a software company that provides graph data visualization and analytics software for various use cases such as financial crime, intelligence, cybersecurity or data governance.
The Paradise Papers are a set of over 13.4 million confidential electronic documents relating to offshore investments that were leaked to the German reporters Frederik Obermaier and Bastian Obermayer, from the newspaper Süddeutsche Zeitung. The newspaper shared them with the International Consortium of Investigative Journalists, and a network of more than 380 journalists. Some of the details were made public on 5 November 2017 and stories are still being released.
The Panama Papers are 11.5 million leaked documents that detail financial and attorney–client information for more than 214,488 offshore entities. The files were uncovered and exposed by the International Consortium of Investigative Journalists, the German newspaper Süddeutsche Zeitung and other news organizations. The documents, some dating back to the 1970s, were created by, and taken from, Panamanian law firm and corporate service provider Mossack Fonseca, and were leaked in 2015 by an anonymous source.
The FinCEN Files are documents from the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN), that have been leaked to BuzzFeed News and the International Consortium of Investigative Journalists (ICIJ), and published globally on 20 September 2020. The 2,657 leaked documents include 2,121 suspicious activity reports (SARs) covering over 200,000 suspicious financial transactions between 1999 and 2017 valued at over US$2 trillion by multiple global financial institutions.
The Pandora Papers are 11.9 million leaked documents with 2.9 terabytes of data that the International Consortium of Investigative Journalists (ICIJ) published beginning on 3 October 2021. The leak exposed the secret offshore accounts of 35 world leaders, including current and former presidents, prime ministers, and heads of state as well as more than 100 billionaires, celebrities, and business leaders. The news organizations of the ICIJ described the document leak as their most expansive exposé of financial secrecy yet, containing documents, images, emails and spreadsheets from 14 financial service companies, in nations including Panama, Switzerland and the United Arab Emirates. The size of the leak surpassed their previous release of the Panama Papers in 2016, which had 11.5 million confidential documents and 2.6 terabytes of data. The ICIJ said it is not identifying its source for the documents.