Brad Birkenfeld vs the Canadian Goverment pt 2

January 4, 2019

As I stated, the first contact with Brad was September 14, 2012.  A great deal has transpired since that date.  Rather than go all the way to the past, I am going to resume my narrative starting from late in  2015. On December 9, 2015 Brad wrote the following, “December 9th is International Anti-Corruption Day.  As a Swiss bank whistleblower, I know what it’s like to try to expose fraud in countries like Switzerland where whistleblowing is illegal. Whistleblowers around the world are in terrible shape. Not only do they face workplace discrimination, they are also often imprisoned and murdered.” He was urging me to write the President of the United States on this topic. I did sent a reminder to our Prime Minister but was greeted with silence.

In December of 2015 an article appear in Taxpage.com (written by Rotfleish& Samulovitch a Toronto based law firm) titled “Canadian Tax Amnesty – Time May be Running Out for Canadians with Swiss Bank Accounts to File a Voluntary Disclosure with CRA”. While it was well written, the prophesy was not fulfilled. As of January 2019, the federal government has done ‘nothing’. In fact, it would be fair to say ‘less than nothing’. In exposing the situation, we, at Anti-Corruption and Accountability Canada have met with relentless resistance.

This was followed shortly by an article on December 13, 2015 by Kathryn May of the Ottawa Citizen titled, “Public Servants ‘blow the whistle’ on tax system shortfalls”. In her article she wrote, “The public servants interviewed claimed politicians and lobbyists influence the agency’s operations, corporations successfully lobby to avoid prosecution, and there allegedly is political interference in audits to stop investigations.”  It would appear that that also has not changed as of January 2019.

In any event, on December 15, 2019 Kathryn wrote a follow-up article, “CRA hits back at anonymous report of widespread audit flaws” Not surprising the Agency said, “The Canada Revenue Agency rejects allegations of a report, based on secret interviews with its own employees, that Canada’s tax system is plagued with problems, including political interference, that are costing billions in uncollected revenue.” However, as I will eventually explain, ACAC is of the view that the original report was more accurate.

Brad took the opportunity to write to Kathryn May directly. He stated, “ I’m the UBS whistleblower that exposed the largest and longest running tax fraud in U.S. History, but my own government scapegoated me because I made them look like the corrupt civil servant incompetents they are. As a result, Swiss bank secrecy is over due to my courageous and unprecedented efforts.  The second part of the scandal is the cover up by the Canadian government when I gave them all the inside information over SEVEN years ago and they did nothing!!! “ That was in 2015. While I do not know whether she replied, I can report in the four years since that was written, nothing has still been done.

 

Prior to this, ACAC  had sent an access to information to the Department of Justice requesting the documents supplied by Brad earlier. We were fortunately in a position to be able to name the individual that the documents had been given to and he is still a lawyer for the Department of Justice. We were surprised when Justice advised that there were no documents. This was the start of a long odyssey which I will write about in a future narrative.