To Obtain Swiss Bank Data, Germany Breaks the Law
According to a February 3 report in the daily the Süddeutsche Zeitung, Chancellor Angela Merkel overcame her initial hesitations and opted to support the purchase of the stolen data after concluding that “the strict defense of the law” was politically unfeasible. Citing government sources, the report continues:
In the current political constellation…the chancellor and her closest advisors saw no chance of insisting on the letter of the law — and thus possibly protecting tax cheats.
A satirical Swiss “wanted” poster (source: Jungfreisinnige Zürich)
During a roundtable discussion on Switzerland’s SF1 public television on Friday, Roger Köppel, the editor-in-chief of the Swiss weekly Die Weltwoche, faced off against Hans Eichel, a former German minister of finance and adamant defender of the purchase of the stolen data. Addressing Eichel directly, Köppel did not shy away from a subtle allusion to Nazi Germany: the Unrechtsstaat — or “criminal state” — par excellence, in which the application of the law was famously subordinated to the so-called “popular mood” or Volksgeist. “If the political leadership of [the] state decides how the rule of law is to be applied on the basis of the current political constellation,” Köppel told Eichel, “then I have to say that as a German shivers would run down my spine.”
This is not the first time that German authorities have purchased stolen bank data in the name of combating tax evasion. In early 2008, it was revealed that Germany’s foreign intelligence agency, the BND, had purchased data stolen from the Liechtenstein-based LGT Bank to the same end. Not only did the BND pay over €4 million for the stolen data. It is also reported to have provided the presumed thief, Heinrich Kieber, with a new identity to boot!
It is worth recalling that at the time of the “Liechtenstein Affair,” Germany’s Finance Ministry was headed by the Social Democrat Peer Steinbrück as part of a “grand coalition” government headed by Chancellor Merkel. Now, however, the Finance Ministry is headed by Chancellor Merkel’s Christian Democratic party colleague, Wolfgang Schäuble. Attempting to justify his decision in an interview with Swiss public television, Schäuble explained that, after a “thorough examination” of the question, “for me it was decisive that we made a similar decision two years ago.”
I feel like apologizing for my governement. And these guys pass as conservatives here.
Do i get political asylum in the US as a conservative?
Just a tiny correction: buying the stolen data is not a crime according to § 259 of the criminal code because that law only rules theft of goods, i.E. things you can touch, not data.
Still, any private citizen or company would have to pay a hefty fine for doing such an thing, could be sued in civil courts and would not be permitted to use that data. When the governement of a state knowingly and publicly breaks its own law we are in trouble.
It is easy to be critical when it’s someone else’s Ox being gored. But let AL get your Ox in his sights, and it’s another thing entirely.
It’s like torture. Being against torture is easy as long as you aren’t involved. That anti-torture activist would be the first in line with their tin snips, ball peen hammer, 3/8″ drill and mini-torch if it was one of their loved ones buried alive, running out of air and the perp wasn’t talking.
Americans dying in job lots isn’t the sort of thing that is likely to upset Germans. After all most Germans alive today lost a near relative in WW2. Weren’t some of the bomb craters in Berlin left unfilled by the Soviets as a reminder?
Germany still wants to rule Europe. They just learned a hard lesson from America about using war to do it. Now the Germans are using diplomacy and economics to conquer Europe. So running off with and hiding Germany’s major weapon is a no-no.
How can stolen bank data possibly be used in court?
All it is, is pages of data. Who is to testify that the data has a shred of accuracy, and wasn’t just made up?
Germany is still doing things the hard way. The US simply wrote software to spy on its allies and gave it away, packaged in computer programs. It is called Promis Software, which we gave to Israel, Canada, European nations, etc. It allowed us to spy on their computer systems, law enforcement and banking systems in the early 80′s..it is still operating today in many countries.
There was a story regarding Bin laden buying access to promis software in the mis 90′s allowing his organization to also spy on certain governments.
Never trust a Government.
Rechtsstaat is incompatible with the welfare state and the West European social democracies. You cannot have the “rule of law” and liberal economic policies – because you cannot make a set of rules that would completely describe the limits for the government power.
I think the guy who wrote most on Rechtsstaat in the recent time is F. Hayek a famous Austrian economist, and a Nobel prize winner in economics. Check out for example “Constitution of Liberty”.
BTW, it would be interesting to see the reaction of all those liberals that got upset because some civil-rights activists copied the climate emails from the CRU. After all – if what Germany is doing is not a crime, then neither is the copying of the climate emails.
P.S. Visit my blog:
hyphenatedamericans.blogspot.com
I post at least 1-2 new entries every day now, so don’t forget to go there often.
I would say this behavior has more in common with the old East German government, than those occupying Reichskanzlei between the years 1933-1945.
I’m sorry, but this story is laughable. It’s also not news – germany bought personal data stolen from liechtenstein a couple of years ago. It’s hardly the same as exporting people for torture.
And yes, other countries will use the information.
There are no good reasons why people want to hide money. They’re either criminals themselves or avoiding tax. I have absolutely no problem with somebody throwing open the books on tax havens. It’s long overdue.
Who knows? Some of the cash that was looted by dictators and nazis might just find its way back to where it should be.
Hi Zaza,
Thanks for your comments. I’ve heard that argument: notably being made by the CDU’s Wolfgang Bosbach. But §259 simply refers to “eine Sache” – a thing – it does not specify a physical thing. As you suggest, the original intention was presumably indeed for it to apply to the purchase and resale of physical goods: fencing operations, one would say in English. But the literal wording, it seems to me, does not exclude other applications.
@ZaZa – Conservatives do not get any better treatment here. Asylum here is just that. For the insane. You need a tea party movement there. You’ll be surprised by how many left-centers you get on constitutional liberties grounds.
@John Rosenthal
§ 259 refers only to physical things and since its criminal code it may not be applied to somehow similar cases, in criminal law we have to stick to the exact words of the law (other than for example in tort law). But there is another law concerning the use and protection of data (Bundesdatenschutzgesetz). According to § 43 II Nr. 3 of that law any company or person would have to pay a hefty fine for buying that Data. According to § 44 of said law it might be a criminal offense, but that is a complicated legal question. The perversity is that § 44 of said law charges the state governement with protecting the data and prosecuting people who do exactly what the governement is doing now.
Sorry for going into so much technical detail, but its kinda my job, me being a judge over here
@Zaza
Aha! I like technical detail. Many thanks for all that! Ich habe mal deutsche Richter kritisiert… Siehe hier, z.B.: http://www.hoover.org/publications/policyreview/35426189.html. Aber in diesem Fall gebe ich Ihnen gerne Recht!
Beste Grüße,
JR
“It’s hardly the same as exporting people for torture”
The Law is the LAW. You cannot decide for yourself which laws are obeyed and which can be broken. The technical term for those that do is “criminal”. The technical term for a society that decides which law is important and which isn’t is “anarchy”.
Zaza, are you the former Bio-Hazard from the Cal-Berkley “On War” site?
@Rosinante
Nope. Am just a regular german guy trolling american conservative newsblogs to broaden my perspective and because over here, conservatism is nearly dead. We already are where Obama, Reid and Pelosi want to take you.
I find that these newsblogs, like Pajamas Media, American Thinker or Townhall.com offer better and especially deeper and more thought-through journalism than any newspaper i can get my hands on over here.
Rosinante:
“The Law is the LAW. You cannot decide for yourself which laws are obeyed and which can be broken. The technical term for those that do is “criminal”. The technical term for a society that decides which law is important and which isn’t is “anarchy””
Well, you can kiss goodbye to any sort of state-sponsored espionage then. That’s essentially what’s happening here – the german government is paying a spy. If an iranian defector wanted a pay-off for disclosing the location of a bomb-making facility, do you think the US would (or should) say no?
The “property” that’s been stolen is the right to hide financial records from the (lawful) view of tax authorities – something that germany never accepted that switzerland had a right to supply in the first place (and I agree with them). Switzerland has been happily supplying that “property” to criminals and despots for decades. I say it’s time they stopped peddling it. The people who buy it often aren’t very nice.
So do you think western governments should cease all espionage activities right now? It’s all criminal. Supporting democracy protesters in iran – criminal. Helping dissidents escape to the west in the cold war – criminal. Helping chinese kids get around censorship in china – criminal. I have no problem with any of that, and I suspect that you don’t either.
I DO have a problem with governments rounding up innocent people and beating them to death, holding innocent people indefinitely without charge and kidnapping people off the street and shipping them across national borders for torture – all the while using military security to prevent the courts from stopping it. THAT is what attracted criticism of the US, Not paying people for legitimate law-enforcement and national security intelligence.
If you really can’t tell the difference, then don’t ask to be treated as a grown-up. Your “a law is a law, so there” thing is sophomoric. If you really think you’re right, lets hear a decent argument.
people in the US must know this:
we germans are governed by the most undemocratic bunch of professional politicians (most never held a real job) that are a true reflection of the sad part of our characteristics: sycophancy, intellectual laziness, lack of personal initiative and honour.
our parties are but different in name, not program.
how else is it possible that our beloved chairwoman merkel professes support for israel, while we still deal with iran, pour gazillions of euro into fatah/hamastan via the EU.
in the mean time our scum-of-the-earth media delights portraying the IDF as mindless baybee-killers and crazed djihadist as freedom fighters.
why even, believe it or not – scores of completely dehumanized compatriots of mine will be in dresden tomorrow, commemorating the annihilation of dresden 65 years ago with the slogan “bomber harris, do it again” – why they think that they are any better than braindead neo-nazis is beyond me.
this country has really lost the plot – for the life of me i do not understand how we mucked it up like this.
Update . March 7th. 2011
Nov.23 – - -Nov.26 th. 2010.
The following sent to – - – - 312- – Lords – - – - – - House of Lords. ( Inc. Lord Myners.)
The following sent to – - – - 649 – - M.P.’s – - – - – House of Commons.
SWISS BANK PARTNERS IN CRIMES.
Pictet & Cie Bank.
Ivan Pictet.
Charles Pictet.
Nicolas Pictet.
Jacques de Saussure.
Jean – Francois Demole.
Renaud de Planta.
Philippe Bertherat..
Pictet & Cie.- claim they are the “Rolls Royce”of Swiss banks.
Swiss Banks or more correctly Swizz banks.
Swizz. —- “ a great disappointment.” or a “ fraud.”
Fraud. —“ an intentional deception or dishonesty.”— “a crime.”
Crime. —“ an act committed or omitted in violation of a law.”
Serious Crimes .
Conspiring to pervert the Course of Justice.
Perverting the Course of Justice.
Contempt of Court.
Pictet & Cie Bank –Partners –(1996—2011)—guilty.
Peters &Peters – Partners.— (1999—2011)— guilty.
The bank and it’s officials/lawyers deliberately withheld crucial documents requested under a High Court order. The bank and it’s officials/lawyers deliberately withheld evidence from the Police, and one of it’s account managers Susan Broadhead gave a false witness statement to the Police.
Another one of it’s managers Nicholas Campiche ( Now Head of Pictet – Alternative Investments.) concocted a letter pretending to be a client and closed his account. The senior partner (Ivan Pictet.) sought to have numerous documents destroyed,along with those copies held in their London office’s of Pictet Asset Management. Initially stating that they were forgeries then their lawyers Peters & Peters – Monty Raphael –and the barrister Charles Flint.Q.C. later had to admit in Court that the documents were genuine.
British Parliament. Hansard .29th March 2007.
Barry Sheerman .M.P.—quote.
———“ Constituents of mine have lost £2 million through fraud. The fraudster used Pictet & Cie – - a French Bank – - and Pictet Asset Management to back the fraud being perpetrated.””
(1) It is a criminal offence for a bank to knowingly act for an undischarged criminal bankrupt in so far as it seeks to assist that criminal bankrupt in the fraudulent movement of monies. ( Money Laundering.)
(2) It is a criminal offence for a bank to lie to the police and the bankrupts trustee in bankruptcy in so far as any knowledge of, or dealings with the bank was refuted .
(3) A bank can be guilty of Contempt of Court if it fails to comply fully with the Courts order for discovery .
(4) The banks contempt is further compounded if it fails to address its error after it is specifically drawn to the to its solicitors attention. ( Monty Raphael).
(5) It is a criminal offence under the Financial Services Act to seek to destroy evidence that might be relevant to an investigation .
(6) It is a criminal offence not to relinquish control of funds to the Trustee immediately the fact of the bankruptcy is drawn to the banks attention.
(7) It is a criminal offence to lie or otherwise obfuscate the lawful and proper enquiries of the F.S.A.
In the F.S.A. cover up , they concluded that there had been “ Rogue” elements in Pictet & Cie’s , London operations . They had been moved from their London Office so who was there left to prosecute. “ Unbelievable.”
On Dec 9th,2008. the complaint was sent to 150 Members of the House Of Lords and 230 Members of Parliament.
*** We thank –David Cameron. M.P. ( Canary Wharf Speech.) Dec. 15th. 2008.
Now— PRIME MINISTER.
(1) Bankers who behave irresponsibly should face professional consequences.
(2) If anyone is found to have behaved criminally they must be prosecuted.
(3) The F.S.A and the Serious Fraud Office should be following up every lead,
investigating every suspect transaction .
(4) We need to make it 100% clear –those who break the law should face
prosecution.
(5) That we make sure we root out any wrongdoing that may have happened, whoever
is involved, however high or well connected they may be.
Ivan Pictet.
Managing partner in Pictet & Cie Bank . — retiring -?. 2010.
President of the Geneva Financial Centre. —stepping down -2010. ?
World Bank.committee member.—- ?
United Nations. Investment Committee member,
Vice President – Global Humanitarian Forum. — redundant.2010.?
Member of the Henokiens.
Blackstone Group — Board Member.
Past- President – Geneva Private Bankers association.
Past –President – Geneva Chamber of Commerce and Industry.
Monty Raphael. ( Peters & Peters.)
Quote.” —- Doyen of U.K. Fraud lawyers.
Head of Fraud and Regulatory Dept. —- stepping down, –2009.? Director of the Fraud Advisory panel.
Member of the Law Society of England & Wales.
International Bar Association Member.
Written Parliamentary Questions received by the table office ..
(1) To ask the secretary of state what steps he is taking to ensure that Swiss Banks such as Pictet & Cie do not evade criminal prosecution under EU law even when the illegal act is committed by a London based subsidiary.
(2)To ask the secretary of state what steps he is taking to protect the rights of UK citizens who seek redress following criminal activities by Swiss banks with subsidiary offices located in London.
On Dec 9th,2008. the complaint was sent to 150 Members of the House Of Lords and 230 Members of Parliament.
On Aug 19th.2009.another complainants file regarding the “cover up” was forwarded to the same 380 members.
We started our campaign in June 2008 — via the “net” to highlight our fight to get “justice”. In our second year campaign we hoped to reveal further damning evidence . Due to there being an on going Police investigation into our complaint we are at this moment unable to place dozens of documents on to the “net”. Again we thank other “ E- Mailers” for their information in relation to our campaign.
Quote. ( America’s Top Lawyer .)
You can be the richest man in the world with the best lawyers that money can buy but you cannot win against a man who has got nothing left to lose and is telling the truth.
Truth Hurts.
Ivan Pictet. Announces stepping down from Pictet & Cie. 5th Feb 2010.
Stepping Down—President of Geneva Financial centre.—2010.
Monty Raphael. Steps down as head . May. 2009.
*** We note that there has been a sharp increase in Peters & Peters partners leaving to go to other practices. Moving does not alleviate them of any responsibility from any illegalities that may have occurred at Peters & Peters during their partnership tenure. From 1999 onwards.
*** Were currently waiting to see if the Police and other Law Enforcement Bodies attempt to cover this case up like their F.S.A. counterparts. If they do –“ then watch this space.”
We were informed that due to pressure from our M.P. that the Ministry of Justice have asked Lord Myners to investigate our claims that the F.S.A. covered up the illegal activities of Pictet Asset Management. London.
It has been noted that the book launch for PICTET was held at Lord Myners Belgravia home.We might as well have asked Ivan Pictet to investigate our complaint.-or someone from FRIENDS RE-UNITED.
Lady Myners on Prix PICTET advisory board.
The consensus of opinion is the Pictet & Cie should be prosecuted , and that their U.K. banking licence should be taken away.
Their Solicitors at Peters & Peters .London “ struck off and prosecuted..”
*** Started campaign — June 6th.2008.
2 .5 years —- approx 3 .5 million e-mails – - – but still no writs, injunctions or threats of litigation – – - WHY – - – because it is all true.
*** . The bigger they are — the harder they fall.!!!
In America —- they would have all been in prison for the last seven years.
Nov.23rd –Nov.26th. 2010 .
The above sent to —— 312 – - Lords – - – House of Lords.( Inc. Lord Myners.)
The above sent to — –649 – - M.P.’s – - – House of Commons._
Full Story.
Go to search box on “Google” and insert ( Peters & Peters/ Pictet & Cie.)
or go to ” Google ” and insert any of the following combinations.
Insert– ( Jacques de Saussure/ Monty Raphael.)
Insert– ( Ivan Pictet / Monty Raphael.)
Insert– ( Pictet & Cie /Monty Raphael.)
Insert– ( Charles Flint. Q.C./ Monty Raphael.)
Insert– ( Nicholas Campiche / Susan Broadhead.)
Insert– ( F.S.A. / Monty Raphael.)
Insert –( F.S.A. / Pictet & Cie.)
Insert –( Hansard /Pictet & Cie..)
*** Were currently waiting to see if the West Yorkshire Police :-
(1) Chief Constable. — Sir Norman Bettison.
(2) Forces Solicitor . — Mike Percival .
(3) Head Of Economic Crime Unit. — Det . Chief Inspector Steven Taylor.
continue to attempt to cover this case up like their F.S.A. counterparts. If they do –“ then watch this space.”
We were informed that due to pressure from our M.P. that the Ministry of Justice have asked Lord Myners to investigate our claims that the F.S.A. covered up the illegal activities of Pictet Asset Management. London.
It has been noted that the book launch for PICTET was held at Lord Myners Belgravia home.We might as well have asked Ivan Pictet to investigate our complaint.-or someone from FRIENDS RE-UNITED.
Lady Myners on Prix PICTET advisory board.
The consensus of opinion is the Pictet & Cie should be prosecuted , and that their U.K. banking licence should be taken away.
Their Solicitors at Peters & Peters .London “ struck off and prosecuted..”
In America —- they would have all been in prison for the last seven years.
West Yorkshire Police.
We note that Det Chief Inspector Steven Taylor has been removed as Head of the Economic Crime Unit and demoted to Det. Inspector.
A file of some 339 pages including scores of documentation has been forwarded to the following —
640 — Members of Parliament.
460 — Members of the House of Lords.
Ministry of Justice.
F.S.A. – Financial Services Authority.
Serious Fraud Office,
Peters & Peters .London. — Solicitors.
Pictet & Cie Bank — London & Geneva.
West Yorkshire Police Authority.
I.P.C.C.— Independent Police Complaints Commission.
C.C.R.C. — Criminal Cases Review Commission.
Swiss Ambassador London.
The Criminal Super Class.
Bankers.
Lawyers.
Police. April.2012.
Over approximately five years of hitting the internet with a case that involves criminality by a major Swiss Bank , Britain’s most prominent fraud lawyer and a regional police force headed by one of Britains top policeman. ( Surely justice should prevail.)
In fact the complete opposite even though the offences committed are very serious.
Conspiring to Pervert the Course of Justice.
Perverting the Course of Justice.
Contempt of Court.—————— plus a dozen or so smaller offences.
In the five years some 6-7million e-mails have been forwarded to all Members of Parliaments in Britain and Switzerland, every barrister and chambers in Europe .
Every law inforcement body in both countries , and America. Even raised in Parliament twice.
The banking fraternity fully aware of this case still decide to give the Private Banker of the Year Award to Ivan Pictet — Pictet & Cie Bank. ( Him being the person most responsible for the crimes committed by him and his bank partners. )
The legal fraternity decided that Monty Raphael of Peters & Peters . London became an honourable Queens Counsellor and to rub the salt in six months later made a Master of the Bench. He also was guilty of all the above offences but so what. At this rate he might become King by the end of the year.
The police ( West Yorkshire Police.) headed by Sir Norman Bettison has not improved as a force on fighting crime. They are now worse than the days of the Yorkshire Ripper , when they had him in custody nine times and let him go. If it hadn’t been for the South Yorkshire Police force catching the Ripper he would have still been at large to day .
Then they wonder why the man in the street becomes angry and decides to riot.
Even after five years of exposing their crimes on the internet , they dare not take legal action to stop us — no injunctions — no writs – they can’t risk going to jail.
All we can do is to continue pressing for justice and up the pressure on the internet. For the next five years and beyond.