"In or about 2008, the managing partners affirmatively decided to take advantage of the flight of U.S. taxpayers with undeclared accounts by opening new undeclared accounts for many of them at Swiss Bank A," according to the indictment. "Swiss Bank A opened new undeclared accounts for at least 70 U.S. taxpayers."
Berlinka, 41, began working at Swiss Bank A in 2008; Frei, 51, started in 2006; and Keller, 47, began in 2007, according to a statement by U.S. Attorney Preet Bharara. The men, who all live in Switzerland, face as long as five years in prison if convicted.
U.S. Negotiations
"Wegelin & Co. has in the meantime ceased all dealings with U.S. clients and the employees concerned have taken on other tasks within the bank," Bjorck said. The bank "has authorized its lawyers in the U.S. to negotiate with the U.S. justice authorities to the extent possible under Swiss law," she said. Wegelin declined to comment further by phone.
At least 17 others accused in the tax crackdown live outside the U.S. and haven't responded in U.S. court to the charges.
Since 2009, about 30,000 Americans have avoided prosecution by disclosing their offshore accounts to the IRS. Prosecutors have debriefed hundreds of those clients to learn which banks and advisers helped them cheat the IRS. The Justice Department has used those interviews to build several criminal cases.
The indictment details how Berlinka, Frei and Keller helped 23 U.S. clients open undeclared accounts at their bank. Kenneth Heller, a disbarred New York maritime attorney who pleaded guilty on June 27 to hiding more than $26.4 million in accounts at UBS and Wegelin, also is referred to in the indictment. He is scheduled to be sentenced Jan. 20.
The three bankers conspired with two other Swiss financial advisers already under indictment, Gian Gisler and Beda Singenberger, according to the charges filed yesterday.
"Some bankers are cooperating with the Justice Department and turning over the names of their customers, and it's possible that these bankers may do the same," Skarlatos said.
The case is U.S. v. Berlinka, 12-cr-00002, U.S. District Court, Southern District of New York (Manhattan).