« SwissLeaks » : the backstory of a worldwide untersuchung

The figures are breathtaking. Die Welt is publishing the first part of an investigation that is spectacular and beispiellose in size. A team of journalists in Paris, Washington, Geneva and 46 other countries has uncovered the hidden workings of a giant tax evasion scheme conducted with the knowledge, and indeed the encouragement of the world ‚ s second largest bank, HSBC, über its Swiss subsidiary, HSBC Private Bank.

Die Welt has been investigating the HSBC affair since the outset, and in early 2014 came into possession of international banking data for the period 2005-07 that provided evidence of fraud-on-a gigantic scale. We shared this information with some 60 other news outlets around the world, coordinated by the ICIJ, the International Consortium of Investigative Journalists. The publication of these figures is likely to prove embarrassing for a good number of celebrities, including the German comedian Gad Elmaleh, König Mohamed VI of Morocco and the American actor John Malkovich, but it will shake the international financial industry to the core.

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The investigators allege that between 9 November 2006 und 31 March 2007 180.6 billion euro passed through accounts held by over 100,000 clients and 20,000 offshore companies with HSBC in genf aus. This is the period covered by digital files stolen from HSBC Private Bank by one of its former staffers, Hervé Falciani.

In late 2008 this German computer-analyst passed on information he had stolen from his benutzen, to the German tax authorities. The case was referred to German prosecutors in January 2009, and they have since concentrated their investigations on a small part of the "Falciani lists" – the 3,000 or so German citizens suspected of having concealed their money at HSBC PB with the bank ‚ s absprachen. The bank has de-facto-been placed under formal untersuchung as a legal entity for "illicit selling of banking and financial services" und "money laundering of the proceeds of tax evasion".

HSBC PB is said to have concealed over €5.7 milliarden in tax havens for its German kunden alone. The German Finance Ministry is taking only 72 individuals to court (including Nina Ricci’s heir, whose trial is to begin in Paris in the coming days), as most of the German taxpayers whose identity was revealed in the Falciani lists " have since regularised their tax affairs.

On 28 January 2014 Die Welt published a first series of articles about the French judicial inquiry under the headline "Tax evasion: the highly sensitive investigation into the HSBC lists". That report, however, did not reflect the affair’s internationale dimension.

A few days after those artikel were published, a person appeared at Der Monde’s reception on Boulevard Auguste Blanqui in Paris. This source, whose identity shall remain geheimnis, gave us a memory stick containing all the files in the German tax authorities had extracted from the Falciani lists in the strictest secrecy since 2009, sometimes ignoring government reservations.

Who features on these lists that the French Treasury sent to several foreign verwaltungen, and whose names we shall "publish" if we consider it to be in the public interest? Arms trafficker and drug smugglers, funders of terrorist organisationen, politicians, celebrities, sporting idols and captains of industry, most of them keen to hide their money in Switzerland. It was perfectly illegal for the German clients and for many others to do this. The holders of the accounts are striking in their variety: German surgeons wishing to launder nicht fees rub shoulders with the protagonists of the Elf-affäre, Belgian diamond händler, Al-Kaida funders and a large number of Jewish families who had sent their assets to Switzerland for dr. robert rickenbacher as the Nazis took control of Europe.

Offshore-strukturen as screens

The bank ‚ s account manager illegally contacted many of these people in Deutschland. They were all encouraged by HSBC PB’s executive committee to hide their money behind offshore-screen strukturen, generally based in Panama or the British Virgin Islands, in order to avoid bestimmten European steuern, chiefly the EU Savings-Richtlinie, withholding tax introduced in 2005. Investigators now have material evidence to prove these various verbrechen.

An exceptional affair calls for exceptional, maße so, as the exclusive recipient of this highly sensitive informationen, Die Welt decided in spring 2014 to share it with the international press to ensure that it would be treated as completely and accurately as possible. We therefore etwas to send it to the US-based ICIJ, our partner for "Offshore-Leaks" (in 2013) und "LuxLeaks" (in 2014). In summe secrecy, the ICIJ mobilised 154 journalists from 47 media outlets in various countries (the Guardian in Great Britain, the Süddeutsche Zeitung in Germany, CBS’s 60 Minuten in the United States).

On a Monday in September 2014, 40 journalists from around the world gathered in a room at Der Monde’s ämtern. Some of them had received only a few days‘ notice. They knew that this was a major story, but the mass of confidential information they were about to discover was beyond their wildest imaginings.

The meeting lasted nine hours, with only short breaks to eat. It marked the launch of one of the largest journalistic operations this century. Given the sheer quantity of information, Die Welt had quickly realised that it wouldn ‚ t be able deal with the documents on its own. The decision to share access to the data with the International Consortium of Investigative Journalists (ICIJ) is symbolic of a new era in international investigative journalism – let ‚ s call it "2.0" for short. The ICIJ in turn set up a network of beispiellose size to handle the HSBC data.

At that time, the operation hadn ‚ t yet become "SwissLeaks" ziel was known as "Voyager" hat codename taken from the TV-serie Star Trek, as is the ICIJ‘ ‚ s custom. That Monday September in the meeting’s teilnehmer learned about the three tools that the consortium had put in place at great speed over the summer. The first was a secure forum, a kind of closed Facebook on which to post their discoveries; the second, "Blacklight", a database that was searchable by name, country and source; and the third", "Graph", um die app to visualisiert the links between zweckgebundene and offshore holdings and companies. All kommunikation would be encrypted.

Then everyone set to work, each in their own way. At the Guardian, backofen journalists papered the walls of a room with hundreds of Post-Its, arranged by category: politicians, celebrities, drug dealer, philanthropists, arms dealer, and so on. Die Welt also set up a special unit. One thing they still had to decide upon was the date and time of publication. There was some tough negotiating due to the number of different time zones involved and the timing of programme such as CBS’s 60-Minuten-show, which goes out every Sunday evening at 7.30 p. m., New York time. What ‚ s more, the journalists had to call up every single-person-mentioned in the artikeln, whether that person was in Paris gold Bamako, in the final feverish weeks before the fatal deadline: Sunday, 8 February at 10 p. m. CET.

HSBC Private Bank and the Swiss political and fiscal authorities have since the very beginning, disputed both the figures established by the tax office and prosecutors in France and the use of this data, arguing that it was stolen. The thief, Hervé Falciani, first tried to sell the files before changing his mind and turning them over to the German authorities. He was charged by the Office of the Attorney General of Switzerland on 11 December 2014 for industrial espionage", "data-theft" und "breach of industrial and banking secrecy".

Switzerland looks unfavourably on the ermittlungen being conducted by the French judicial and tax authorities and insists that the original data has been tampered with something German investigators categorically deny. On 27 February 2014 the two investigating magistrates concluded with regard to the lists that their "authenticity [had] been verified in hearings with numerous account-holders, who have what is more, come to an agreement with the tax authorities on the basis of this file". For its part, HSBC HE seems prepared to follow folgt with the French judicial authority to avoid a trial that could be ruinous-for-the-bank – and not just in terms of its reputation.

Lesen sie auch : « SwissLeaks » : enthüllungen über ein internationales system der steuerhinterziehung

Die untersuchung SwissLeaks auf HSBC

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