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Hervé Daniel Marcel Falciani (; born 9 January 1972) is a Franco-Italian systems engineer and whistleblower who is behind "the biggest banking leak in history." In 2008 Falciani began collaborating with numerous European nations by providing allegedly illegal stolen information〔(【引用サイトリンク】title=BBC News - HSBC admits huge Swiss bank data theft )〕〔(【引用サイトリンク】title=Whistleblower? Thief? Hero? Introducing the Source of the Data that Shook HSBC )〕 relating to more than 130,000 suspected tax evaders with Swiss bank accounts - specifically those with accounts in HSBC's Swiss subsidiary HSBC Private Bank.〔Brigitte Alepin ''Bill Gates, Pay Your Fair Share of Taxes...Like We Do!'' - 2012 p66 "The HSBC-2010 and Liechtenstein-2008 affairs are examples. In the HSBC-2010 affair, Hervé Falciani, a former bank executive with HSBC in Geneva, was arrested by the Swiss police on suspicion of data smuggling. He took refuge in France ..."〕〔''El Estado del mundo 2011'' (State of the World 2011) Bertrand Badie, Dominique Vidal - 2011 p526 " ... cuentas suizas sospechosas, casi todas ellas proporcionadas por un ex empleado francés de la filial suiza del banco americano HSBC, Hervé Falciani. Se ofrecieron varias listas de clientes de bancos suizos a diferentes Länderalemanes. A mediados de marzo de 2010 el Ministerio Fiscal de ..."〕〔L'express international 3053-3069 p51 2010 "L'ovale gracieux de son visage masque une détermination d'acier. Aux yeux de la justice suisse, qui l'a entendue les 9 et 10 mars, Georgina Mikhael fait figure de complice d'Hervé Falciani, l'ex-informaticien de HSBC Private ..."〕〔Le Figaro Magazine 1528-1531 2010 p22 "Visiblement, l'exemple d'Hervé Falciani a fait tache d'huile. Cet ancien cadre de la banque HSBC a transmis cet été au fisc français une liste de 3 500 noms de personnes soupçonnées d'évasion fiscale vers la Suisse."〕 Falciani is the person behind the "Lagarde list", so called as it is a list of HSBC clients who allegedly used the bank to evade taxes and launder money that Falciani leaked to ex-French Minister of Finance Christine Lagarde, currently the managing director of the International Monetary Fund. Lagarde, in turn, sent the list to governments whose citizens were on the list. On 11 December 2014, Falciani was indicted by the Swiss federal government for violating the country's fabled bank secrecy laws and for industrial espionage. The indictment accused Falciani (who was not named) of stealing information from HSBC's Geneva offices and passing it on to tax authorities in France. HSBC had been indicted in France for money laundering in November 2014. In November 2015 Switzerland’s federal sentenced Falcini to five years in prison by a Swiss court — the "longest sentence ever demanded by the confederation’s public ministry in a case of banking data theft." Falciani was accused of "aggravated financial espionage, data theft and violation of commercial and banking secrecy." == Biography == After studying at the Sophia Antipolis technology park, Falciani became a computer engineer at the Swiss branch of HSBC between 2001 and 2008. In 2006 he reorganized the database of the organization to improve its security. Falciani has declared that he realized that the way data was managed at HSBC fostered tax evasion, and proposed a new system, which was rejected by his superiors. After the HSBC reaction, and because he believed that "it is a systematic violation of fundamental rights of citizens by subtracting funds that should be allocated to the general interest", for two years Falciani collected evidence of potential tax fraud involving 130,000 individuals. Falciani tried to make the information available to the Swiss judicial authorities, but was unsuccessful. This claim was corroborated by French prosecutors.〔(【引用サイトリンク】title=Falciani colaboró con varias Justicias europeas con datos que llenarían "un tren de mercancías" )〕 To bring the matter to the attention of the Swiss prosecutor, he decided to activate an internal alarm system available to the Swiss banking employers, the Swiss Bankers Association (Swissbanking), and which is in direct contact with the government. Falciani then travelled to Beirut to a subsidiary of HSBC, where he met someone who has direct contact with managers with an identity and a false offer: offers a system that does not exist for extracting data from the banking customers, making the manager puzzled, who then raised the alarm and starts off an investigation by the Swiss into industrial espionage. Falciani paid for the airline tickets from his own HSBC account so that authorities could track him.〔 On 22 December 2008, Falciani was arrested, questioned and released.〔〔(【引用サイトリンク】title=Todo lo que siempre quiso saber sobre Hervé Falciani )〕〔(【引用サイトリンク】title=Falciani: "En HSBC Suiza vi actuaciones escandalosas" )〕 On release, Falciani travelled to France where he was arrested in January 2009, forcing the Swiss judiciary to issue an international arrest warrant for him. Switzerland called on France to search his home and to seize the laptop used to send the files. After searching the address, the prosecutor of Nice, Eric de Montgolfier, opened his own investigation, not against Falciani, but against alleged tax fraudsters appearing in the list. The so-called Falciani list remains in France. An international collaboration began with various judicial authorities and remains ongoing. The Falciani list created a diplomatic incident between Switzerland and France. The latter finally agreed to return the data, but only after the contents had been examined. Afterwards Falciani fled to Spain on the advice of the U.S. government because "it would be easy for someone to pay " to try to kill him. Upon arrival, he was arrested in Barcelona in July 2012 due to the Swiss international warrant. He was jailed at Valdemoro prison (Madrid), awaiting the Audiencia Nacional to decide on his extradition Switzerland. On 18 December 2012, the Audiencia Nacional released him provisionally.〔 It was in maximum security conditions: eight bodyguards and bulletproof vest. Since then Falciani hid in Spain under a system of maximum security protection sponsored by the UN.〔(【引用サイトリンク】title=Falciani y el Estado español: paradigma de la corrupción estructural )〕 Finally, on 8 May 2013, Falciani was released.〔(【引用サイトリンク】title=Falciani cifra en 200.000 millones el dinero que se evade en impuestos )〕 The Audiencia Nacional, given the ongoing collaboration between Spanish and French courts. The decision not to extradite Falciani was made because he provided information indicative of "severely irregular" suspicious activity, and of illegal and criminal offenses. He was released because in Spain there is no legal concept of bank secrecy, and information technology trade secrets can not be used to hide unlawful activities. In April 2014, Falciani was called to assist the Argentine federal taxation agency (AFIP) in the fight against money laundering. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Hervé Falciani」の詳細全文を読む スポンサード リンク
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