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January 20, 2011

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Whistleblowing banker found guilty

A SWISS banker who claims to have handed WikiLeaks details of rich tax evaders has been found guilty of coercion and breaking Switzerland's strict banking secrecy laws.

A judge at Zurich's Regional Court sentenced Rudolf Elmer to a fine of over 6,000 Swiss francs (US$6,000).

Elmer claimed at the one-day trial in Switzerland's banking capital yesterday that he acted after being persecuted by his former -employer Julius Baer.

He also claimed to have wanted to expose widespread tax evasion by rich businesspeople and politicians when he sent confidential banking files to tax authorities, media and later WikiLeaks.

Judge Sebastian Aeppli rejected prosecution demands to give Elmer an eight-month prison sentence.

Rudolf Elmer said his nine-year campaign against former -employer Bank Julius Baer was marred by missteps.

"I made mistakes," he told reporters during a break before the verdict. "I wouldn't say I'm a hero, but also not that I'm a traitor."

Zurich prosecutors said that Elmer stole client data after being fired from his job at the Cayman Islands branch of Julius Baer, and then tried to extort money from the Swiss-based bank and its senior executives.

Prosecutor Alexandra Bergmann also said that Elmer, 55, illegally gave details on the bank's offshore clients to tax authorities, media and later WikiLeaks.

Elmer claims he was being persecuted by the bank.

"I was in an extreme situation," he said. "It's logical that I developed a defense strategy."

Elmer said he was also trying to expose a widespread system of tax evasion by wealthy businesspeople and politicians.

The case generated intense interest abroad because of the link to WikiLeaks, and in Switzerland, where bank-client privacy has a special place in the national psyche.

Appearing before Aeppli at Zurich's administrative court yesterday, Elmer admitted sending threatening messages to some bank officials, but insisted he had done so after the bank fired him from his job as chief operating officer on the Cayman Islands and then intimidated him.

He denied issuing a bomb threat against the bank, but admitted threatening to send details on its exclusive offshore clients to tax authorities in Switzerland, Britain and the United States.

On Monday, Elmer staged a ceremony in London, where he handed over data CDs to WikiLeaks founder Julian Assange. Elmer claimed the disks contained names of 2,000 wealthy account holders, but refused to give details of the companies or individuals involved.



 

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