NEW YORK, June 9 (Reuters) - The United States and
Switzerland are in advanced talks on a multibillion-dollar deal
that would let several Swiss and European banks join a common
settlement and avoid potential U.S. prosecution for helping
wealthy Americans dodge taxes, senior persons briefed on the
matter said on Thursday.
As part of the agreement under discussion, known as a
global resolution, U.S. government agencies would invite the
banks to pay a fine, exit their undeclared offshore banking
businesses for Americans, and turn over client names to the
Internal Revenue Service (IRS) and the Justice Department.
In exchange, the agencies would drop an ongoing
investigation into the banks.
Three current and former government officials briefed on
the matter described the possible agreement but spoke on
condition of anonymity, citing the wide-ranging investigation
of Swiss and European banks by the two agencies.
It could not immediately be determined which banks could be
invited to participate in the global resolution.
While U.S. and Swiss authorities were still working out the
details, an announcement of a settlement could come as early as
July, these persons said.
The fines involved could collectively total several billion
dollars, they said.
Banks that "opt out" of the deal could face heightened
scrutiny from U.S. authorities, including a possible legal
summons for client names from the IRS and tougher scrutiny by
the Justice Department.
A resolution would signal another strong blow to the Swiss
tradition of client confidentiality, whose laws date to 1934
but whose tradition goes back centuries.
Unlike the United States, the Swiss traditionally
distinguish between tax evasion, which they do not consider a
criminal matter, and tax fraud, which they do.
A global resolution would also mark a shift in how U.S.
officials treat foreign banks suspected of helping wealthy
Americans to evade taxes.
WIDE PROBE FOLLOWED UBS CASE
In 2009, UBS AG averted indictment over its undeclared
offshore private banking services by agreeing to pay $780
million, admitting to criminal wrongdoing and turning over
about 255 client names, later agreed by the two sides at an
additional 4,450.
Since then, the Justice Department has been conducting a
broad criminal investigation of a number of Swiss banks,
bankers, and third-party intermediaries suspected of helping
scores of wealthy American clients evade taxes.
Companies involved in that probe include Credit Suisse, the
second-largest bank in Switzerland; HSBC, Europe's largest
bank; Julius Baer, a private bank based in Zurich; and Basler
Kantonalbank, a Swiss cantonal bank in Basel, Switzerland.
The aftermath of the UBS probe vaulted a number of bankers
into the crosshairs of the Justice Department.
Christos Bagios, a senior Credit Suisse private banker, was
arrested and charged, in court papers unsealed last February,
with conspiracy and fraud. The authorities learned of Bagios
from Renzo Gadola, a former UBS private banker who left the
bank to form RG Investment Partners, an investment advisory
firm in Zurich.
Gadola, who was charged last December with conspiracy to
defraud the United States, provided information to prosecutors
about his work with Basler Kantonalbank, according to court
papers.
Gadola's cooperation cast light for the first time on the
role of Swiss cantonal banks in working with major Swiss banks
to help clients evade taxes.
At the same time, the IRS is poring over a "roadmap" to
Swiss bankers and their intermediaries. The map has been
provided by thousands of Americans who have come forward to
reveal their hidden offshore accounts under two voluntary
programs in exchange for reduced fines and penalties.
Now, based on the flood of criminal actions and information
gleaned, both U.S. and Swiss authorities are interested in
resolving the wide-ranging probe in one fell swoop, not
bank-by-bank, the senior persons said.
DEAL 'MAKES SENSE" -LAWYER
"From the voluntary disclosure program, we know that the
United States has evidence to indict international, regional,
and cantonal Swiss banks and bankers," said Jeffrey Neiman, a
former federal prosecutor who worked on the UBS case.
"We also know that Switzerland does not want to be dealing
with the American justice system for the next decade. Throw in
the fact that Switzerland will not extradite its own citizens
for any crime, let alone a tax crime, and we come to a
conclusion that a global resolution makes sense on both sides
of the Atlantic," said Neiman, now in private practice in Fort
Lauderdale, Florida.
David Walker, a spokesman for Credit Suisse in New York,
declined to comment. Juanita Gutierrez, a spokeswoman for HSBC
in New York, declined to comment. Jan Vonder Muehll, a
spokesman for Julius Baer, declined to comment.
Calls and emails to Basler Kantonalbank and James Nason, a
spokesman for the Swiss Bankers Association, an industry trade
group in Basel, were not immediately returned.
Michael Ambuehl, a top Swiss official who is in charge of
the country's international tax matters, has made numerous
trips to Washington D.C. in recent months in an effort to
hammer out a deal, the senior sources said.
At a conference in Washington organized by the Organisation
for Economic Cooperation and Development (OECD) this week, a
senior IRS official said it planned to move against "one or
more banks in the next month or so."
It was not immediately clear how that enforcement action
fits in with the global resolution, and an IRS official
declined on Thursday to comment.
The case against Credit Suisse banker Christos Bagios is
USA v. Bagios, U.S. District Court, Southern District of
Florida, No. 11-mj-6030. The case against Gadola is USA v.
Gadola, U.S. District Court, Southern District of Florida, No.
10-cr-20878.
(Reporting by Lynnley Browning; Additional reporting by
Kevin Drawbaugh)