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Under the deal, which was approved by a federal judge in Florida, the bank must also exit the cross-border business in the U.S., change many of its banking policies, appoint new executives to oversee its tax compliance, and hire an auditor approved by U.S. officials to ensure compliance with the agreement. In return, U.S. officials will not prosecute the bank on charges of conspiring to defraud the United States.
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n court filings unsealed yesterday, prosecutors alleged the bank's conduct began in 2000 shortly after it bought brokerage firm Paine Webber. At the time, UBS allegedly agreed to comply with regulations that required it to withhold income tax from U.S. clients who set up offshore accounts. However, prosecutors allege UBS helped U.S. clients set up nominee accounts, or "sham accounts," and moved the money around in order to evade tax reporting rules. According to the court filings, UBS had 60 managers in charge of the business and ran it out of several locations in Switzerland.
Prosecutors allege UBS officials aggressively marketed the service, making 3,800 trips to the U.S. in 2004 alone. UBS employees used encrypted laptops and other "counter-surveillance techniques" to conceal the identity of their clients. According to an agreed statement of facts filed in court, UBS had 20,000 U.S. clients with roughly $20-billion in total assets. Roughly 17,000 concealed their identity "and the existence of their UBS account from
."
"Many of these clients willfully failed to pay tax to the IRS on income earned on their UBS accounts."
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