Court case
Between 2002 and 2010, Wegelin & Co. assisted citizens of the United States in evading taxes on assets totalling over $1.2 billion. In early 2012, Wegelin & Co. transferred all its non-US activities, clients, and assets, and almost its entire staff, to its subsidiary Notenstein Privatbank. Notenstein Privatbank was subsequently sold to the Raiffeisen banking group.
In January 2013, the reduced Wegelin pleaded guilty to conspiracy in a New York court to assisting more than 100 American citizens to hide $1.2 billion from the Internal Revenue Service over a 10-year period. Although the bank's practice is legal under Swiss law, the bank agreed to pay $57.8 million (£36m; €44m, or about 5% of the $1.2 billion) in fines to US authorities. At about the same time that the plea agreement was announced, Wegelin & Co. declared that it would close. The Notenstein Privatbank continues to operate from the former Wegelin & Co. headquarters with its former 700 employees. Wegelin agreed to pay $57.8 million to the United States in restitution and fines. Otto Bruderer, a managing partner at the bank, said in court that "Wegelin was aware that this conduct was wrong."
American courts convicted Wegelin & Co. of money-laundering and tax evasion, and accordingly the bank's correspondent account held by UBS AG in Connecticut was fined $16 million by the federal courts. The bank argued that it only had branches in Switzerland, not the United States, and was, therefore subject only to Swiss law. In January 2013, Wegelin & Co. admitted to allowing more than 100 American citizens to hide approximately $1.2 billion from the Internal Revenue Service for almost 10 years. The bank agreed to pay $57.8m (£36m; 44m euros) in fines to US authorities: a restitution of $20 million, asset forfeiture of $15.8 million, and $22.05 million in other fines.
In the New York court, the bank's representatives said the bank's practice was legal under Swiss law and common practice in Swiss banking, but admitted that their US customers violated US law.
Wegelin was aware that this conduct (of their customers) was wrong... From about 2002 through to about 2010, Wegelin agreed with certain US taxpayers to evade the US tax obligations of these US taxpayer clients, who filed false tax returns with the IRS.
After pleading guilty in a New York court to helping Americans evade their taxes, the bank announced that it would close permanently. It was the first non-American bank to plead guilty to tax evasion charges in the United States.
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Although it paid millions in fines, a lawyer involved in previous prosecutions of Swiss banks noted, "It is unclear whether the bank was required to turn over American client names who held secret Swiss bank accounts."
Anthony Michael Sabino, professor at St. John's University's Peter J. Tobin College of Business noted, "Big banks have always been deemed off-limits for criminal prosecution. [The Wegelin case] teaches a lesson to small and mid-sized players but in sad contrast it sends the wrong message to big banks. That they can hide money, be caught, pay a fine and go back to business as usual."
