What are your views on the duty of lawyers to report money laundering?
Swiss financial advisors are not obliged to report suspicious transactions. In light of the Pandora Papers, what are your thoughts about this?
From the article Pandora Papers throw suspicion on Swiss financial advisers
It's disgusting to conceal loot while knowing that it's money from a bandit.
Укрывать награбленное при этом знать что это деньги от бандита --- отвратительно.
The lawyer has his functions, and the prosecutor has his.
Otherwise, the lawyer will become the most common slave of the state.
In my Estonian practice, I observed how police officials, lawyers, and judges were at one with each other. Although the law was on my side.
No "absurd justice" for Switzerland.
У адвоката свои функции, а у прокурора свои.
Иначе адвокат станет самым обычным рабом государства.
В своей эстонской практике я наблюдал, как чиновники полиции, адвокаты и судьи были заодно. Хотя закон был на моей стороне.
"Абсурдного правосудия" Швейцарии не надо.
It does not seem right to me, one of the many magnificent things that Switzerland has is its respect for the privacy of individuals, any kind of measure against it is wrong in itself. In addition, professionals such as lawyers have something called professional secrecy, and that must always prevail against any third party interest (even if it is a public administration).
No me parece correcto, una de las tantas magníficas cosas que tiene suiza es su respeto a la privacidad de las personas, cualquier tipo de medida en contra de la misma está mal ya de por sí. Además, profesionales como los abogados tenemos algo que se llama el secreto profesional, y ese ha de imperar siempre frente a cualquier interés de terceros (aun que sea una administración pública).
Lawyers are bound by their client-confidentiality agreements.
They cannot report. Period.
By no means is it the job of Financial Advisors to inform.
De ninguna manera es el trabajo de los Asesores Financieros informar.
Corruption is a scourge that keeps much of the world's people in poverty. As a developed country, Switzerland should be working against the illegal accumulation of wealth rather than supporting or profiting from it.
You answered very wisely but yes it is corruption not developing economic businesses so they took themselves more and paid less everyone could rastriktovaa "unfashionable"
Ты очень мудро ответил но да это коррупция не развивающие экономические бизнесы поэтому они брали себя больше а платили меньше всем мог растриктоваать "немодно"
define "money laundering"?
the idea that one has to justify ownership of anything, including money, is just plain wrong.
the idea that banks should investigate the provenance of money is also just plain wrong.
this is a very slippery slope, that brings quickly and directly into totalitarian regimes.
there are countries where people have to justify owning even very small sums.
there are already vast, expensive apparatuses that have the task of finding and investigating crimes.
finally, the idea that lawyers should denouce "crimes" (being crime anything the central state does not like) is beyond ridicolous, and undermines the very existence of >justice< systems
defined in 2 words ; " Donald Trump"
Anyone who discovers it should report it, not just lawyers. Sadly, whistleblowing is a crime, and anyone who reports it could get sued. Many of my ex-bosses would be in prison now, or at least sacked, if I had blown the whistle on their practices. Maybe one day, I'll write a tell-all book, under another name. Then vanish.
If you ever write that book LYNX then send me a copy!
Its absolutely mind boggling that this situation still exists despite all that transpired with the Swiss banks and the DOJ/ IRS starting with the Obama administration.
“Not required to report”, “not my responsibility “ will not and did not protect tax “optimisation” advisors and stained the Swiss bank image globally. The Biden administration operating under the flag of ethical and moral fairness ( as hypocritical as it may be) is going to extreme limits to collect wealth and they already have had stunning success with Swiss banking. Best of luck!
Hi CAW and thanks for your comment. It's interesting to observe that the DoJ/IRS are not backing off quietly following their successful Swiss Bank Program of yesteryear. It's significant for me that the US authorities are now going after other facilitators based in Switzerland.
My comment is only indirectly linked to this topic: The Swiss Banks are behaving crazy trying to avoid money laundering. UBS refused to make a transfer from Switzerland to Indonesia for the purchase of a beach house even though I proved with documents that it was a genuine legal purchase. The reason given was that I should not have transferred the funds from one account to another. Paranoid I would say. Instead of focusing on the real culprits.
Sorry to hear about your problems Rafiq. It doesn't end there. Many US citizens and even Swiss people living abroad report problems opening a Swiss bank account for quite legimate purposes.
Avoiding tax payments is tantamount to stealing...We, the 'unwashed' are taxed more and more to enable social services, hospitals, schools, fire/police departments, roads, etc. etc. - while those avoiding paying taxes get free rides at our expense. They should be refused all services, they should be made to cough up all the money they stole. And all those who helped in this 'venture' should have their business licenses removed for good - for aiding and abetting.
when taxes reach the ridicolous level they are reaching a bit everywhere, is taxing that is tantamount to stealing.
And how would you propose to pay for social services, roads, etc. etc. ? You and I are paying for these social services, the thieving rich are stealing from us by not contributing their tax share.
I think most people would agree that we should not have one rule for the wealthy and another rule for the majority of tax payers. Unfortunately it looks like there are those who take the view that "the rules are there for the bending".
Yes, unfortunately rules are made to be broken. But adhering to this cliche isn't going to help us. What is lacking is politicians', rulers', governments' will to clamp down and hold everyone equally accountable. No one above the law and no one below the law.
On what do you base your assumption that the "rich" are consuming goods and services paid by you and me? And on what are you basing the assumption that the "thieving rich" are not paying their tax share?
Could it not be that the "thieving rich", who are usually taxed to death, are just trying to avoid their wealth being confiscated on very dubious assumptions?
And btw, where do you live, and do you earn more that 35k dollars/ year? That would make you a "thieving rich", as less than 1% of world population earn more than that.
Be careful what you wish for, someone could find out you are part of those "thieving rich" and proceed to confiscate your wealth because you don't pay your tax share, being "tax share" some arbitrary number that constantly keeps growing.
When the rich drive on roads, require fire department help when it burns, ask police for help...kids attend public schools, hospital services...then the rich are 'consuming' goods and services paid by you and me. It's naïve to believe that the rich pay their fare share of taxation. They can afford the expensive lawyers to find the loopholes. Honesty used to be the best policy...not any more...cheat, lie, deceive and get away with it. As for confiscating my "wealth"...I have nothing to hide - I declare my income as a retired person every year. My conscience is clear.
Your assumption that the rich don't pay their share of taxes is based on a prejudice. The "rich" are those who pay the most taxes and this is a fact. But if you have evidence that some are not paying their taxes, report them to the authorities instead of labelling anyone who had economic success in life as a thief.
In today's world and with today's ethics and lack of morals...a honest person will never be a rich person.
Prejudice? When the rich do every thing possible to hide their wealth (Pandora Papers, Panama Papers, Paradise Papers) and do so because they can afford expensive lawyers who help them cheat...Prejudice? I call it stealing.
If the rich are so honest, as you claim, and have nothing to hide...then why would they stash away millions in tax-heaven countries??? It wouldn't be to avoid paying taxes, would it?
Well should we not pay the same amount then? or should we pay mare than you?
And you decide what is fair? Very few in this country favour your socialism.
"Socialism"? Why not call it by the real name: CAPITALISM and stepping on everyone, regardless.
It isn't the point whether to pay more or less than I do. It is the point that EVERYONE should pay taxes.
First what evidence suggests a transaction is suspicious .Lawyers provide a service.If we are to have a just approach notice that we focus on the wealthy persons as highlighted in the Pandora Papers one never hears concerns raised for those less desirables in society doing actual harm through money laundering by trafficking people illegally for sums of money or drug barons who do not share the copious profits from their exploits ie do not pay taxes .At the end of the day the wealthy and powerful who benefit from advantages ie not paying Capital Gains tax I suppose they don’t care what the rest of us think as they are so wealthy we are irrelevant so having debates about the issue is actually a waste of time.In their defence it is their wealth and it is up to them what they do and don’t forget these persons already pay their taxes .And remember any country that has lower corporate tax rates or lower taxes is a tax haven so remember the facts.
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