Delay in UBS trial sparks settlement talks

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Late last night, Swiss banking giant UBS (NYSE: UBS) and the U.S. Department of Justice asked a federal judge to delay the trial on U.S. tax issues until August 3. The trial was set to start later today, and the delay sparked hopes for a possible settlement between the U.S. government and the bank.

The U.S. wants UBS to reveal the identities of 52,000 rich Americans suspected of using secret bank accounts as a tax dodge. Such a move would be a violation of Switzerland's bank secrecy laws, the Swiss government and UBS say. According to Reuters, the two sides are hoping to find a way to allow the U.S. government to receive client data without violating Swiss law.

One possibility is a payment from UBS. If a settlement is reached, it could affect Swiss privacy laws because it would include a transfer of some client data. Nevertheless, it could help UBS move on from this ugly little spat.

I remember hearing about Swiss bank accounts on TV and in the movies as I was growing up. I never knew there really was such a thing. That said, it appears that roughly 7,000 of the accounts will draw scrutiny and be subject to the settlement as they are linked to offshore companies and trusts. These companies and trusts are more prone to fraud, so watch for a careful inspection of these accounts. The Wall Street Journal noted that "at least another 17,000 of the accounts are for individuals and are therefore less suspect."

Deal or no deal between the Swiss bank and the U.S. government, it certainly appears that the U.S. will demand that at least some of the names should be revealed. The Department of Justice noted yesterday that it will still step up its legal efforts against UBS if necessary, and it will require data on "a significant number" of UBS's clients. This is a good move, as the simple notion of a Swiss bank account conjures up images of fraud -- at least that is the way I remember it from the likes of Magnum P.I. and The A-Team.

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Last updated: February 09, 2010: 06:40 PM

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