U.S. Judge Rejects Leniency For UBS Whistleblower

My own (AO's) concern is that potential whistleblowers are being discuraged by rulings like this, and in my opinion, this is exactly the reason why they make them. They don't want us to report corruption.

MIAMI (Reuters) - A U.S. judge on Monday upheld the prison sentence of a key informant in the tax fraud case against Swiss bank UBS AG and ordered him to start serving his 40-month term as scheduled this Friday.

The ruling by Fort Lauderdale Federal Judge William Zloch ignored both public and legal pleas for leniency by former UBS banker Bradley Birkenfeld, the main whistleblower in the high-profile case that cracked open Swiss banking secrecy.

Lawyers for Birkenfeld had asked Zloch last month to postpone the January 8 start of his prison term, saying he was ready to cooperate further with the authorities in their pursuit of U.S. tax cheats.

WHISTLEBLOWER REWARD?


Giving his first public interview on Sunday, Birkenfeld told CBS television's "60 Minutes" that he played a pivotal role in the U.S. case against UBS by breaking the traditional silence and secrecy surrounding Swiss private banking.

"I gave them the biggest tax fraud case in the world. I exposed 19,000 international criminals. And I'm going to jail for that?" he asked.Birkenfeld did not immediately respond to Reuters on Monday, when asked for his reaction to Zloch's ruling. But one of his attorneys, Stephen Kohn, strongly criticized the decision not to reconsider Birkenfeld's sentence.

"Putting only the whistleblower in jail while all the major tax cheats who stole billions of taxpayer dollars escape without criminal penalties is outrageous and sends the wrong message," said Kohn, executive director of the National Whistleblowers Center, a Washington, D.C.-based advocacy group.

Despite Birkenfeld's upcoming prison term, the Boston-area native may still be entitled to collect tens of millions of dollars under a federal law that rewards whistleblowers with up to 30 percent of the money recovered as a result of the information they provide, even if they committed a crime.

The U.S. Internal Revenue Service, (that's the IRS so, God help him) which has estimated the case against UBS recovered billions in lost taxes, will ultimately decide whether Birkenfeld qualifies for the reward.

Source: Reuters.com
(Reporting by Tom Brown; Editing by Pascal Fletcher and Maureen Bavdek)

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Comment by Jeff on January 5, 2010 at 10:53am
The IRS will determine if he qualifies. That means he doesn't.

He blew the wrong whistle, didn't he?

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