Jean Jacques escorted us into a conference room that looked more like a men’s smoking club than anything else. There were six Swiss Frogs sitting around a long glass conference table, each dressed in traditional business attire. Each of them was holding a lit cigarette or had one burning in an ashtray in front of them. From top to bottom the room was filled with a giant cloud of smoke.
And then there was Kaminsky. He was sitting amid the Frogs with that awful toupee lying on his skull like a dead animal. On his fat round face was a shit-eating grin that made me want to smack him. For a brief instant I considered asking him to leave the room, but I decided against it. Better he should witness the meeting and hear with his own ears that I had decided against doing business in Switzerland.
After a few minutes of small talk, I said, “I’m curious about your bank secrecy laws. I’ve heard many conflicting things from attorneys back in the United States. Under what circumstances would you cooperate with the U.S. government?”
Kaminsky replied, “That’s the best part of doing business in—”
I cut him off. “Gary, if I was interested in your opinion on this matter I would’ve fuckin—” I stopped myself, realizing that these Swiss robots probably wouldn’t appreciate my usual fuck-speak. Then I humbly said, “Excuse me, everyone—I would’ve asked you for it when we were back in New York, Gary.”
The Frogs smiled and nodded their heads. The unspoken message was: “Yes, this Kaminsky is as great a fool as he looks.” But now my mind was racing ahead. Obviously, Kaminsky was going to get some sort of finder’s fee if I decided to do business with the bank. Why else would he be so anxious to mollify my concerns? Originally I had thought that Kaminsky was just another schnook who liked to show how much he knew about an obscure topic. Wall Street was full of those sorts of people. Dilettantes, they were called. But now I was convinced that Kaminsky’s motivation was financial. If I were to actually open an account at the bank, he would be alerted through the receipt of his finder’s fee. That was a problem.
As if he were reading my mind, Jean Jacques said, “Mr. Kaminsky has always been quick to offer his opinion on matters such as these. I find that rather odd, considering he has nothing to gain or lose on your decision. He has already been paid a small finder’s fee just for bringing you here. Whether or not you choose to do business with Union Banc does not bear on Mr. Kaminsky’s pocketbook one way or the other.”
I nodded in understanding. I found it interesting that Saurel didn’t speak in wishes. He had a complete command of the English language, idioms and all.
Saurel plowed on: “But to answer your question, the only way the Swiss government would cooperate with the U.S. government would be if the alleged crime was also a crime in Switzerland. For example, in Switzerland, there is no law regarding tax evasion. So if we were to receive a request from the United States government regarding such a matter, we would not cooperate with them.”
“Mr. Saurel is entirely correct,” said the bank’s vice president, a thin little Frog with spectacles, who went by the name of Pierre something or other. “We have no great affection for your government. You would please not take offense at this. But the fact remains that we would cooperate only if the alleged crime is a penal offense, or, as you would say it, a felony.”
Then a second Pierre chimed in, although this one was younger and was bald as a cue ball. He said, “You would find that the Swiss penal code is far more liberal than that of your own country. Many of your felonies are not considered felonies in Switzerland.”
Christ almighty! The word felonywas enough to send a shiver down my spine. In fact, it was already obvious that there were huge problems with my preconceived notion of using Switzerland as a rathole…unless, of course…well…could ratholes be legal in Switzerland? I ran the possibility through my mind. No, I strongly doubted it, but I would have to inquire about it when I met with Saurel in private. I smiled and said, “Well, I’m really not concerned about that sort of thing, because I have absolutely no intention of breaking any U.S. laws.” That was a bold-faced lie. But I loved the way it sounded. Who cared that it was a boatload of crap? For some inexplicable reason it still made me feel more at ease about being in Switzerland. I soldiered on: “And when I say that, I speak for Danny as well. You see, our sole reason for wanting to have money in Switzerland is for asset protection. My primary concern is that in my line of work there exists a great likelihood of getting sued—wrongfully, I might add. But either way what I’d like to know—or, to put it more bluntly, what’s most important to me—is that under no circumstances will you turn any of my money over to a U.S. citizen or, for that matter, any person on the planet who happens to get a civil judgment against me.”
Saurel smiled. “Not only would we never do that,” he mused, “but we don’t even recognize anything that is—as you say—civil. Even if we were to get a subpoena from your Securities and Exchange Commission—which is a civil regulatory body—we would not cooperate with them under any circumstances.” Then, as an afterthought, he added, “And that would be even if the alleged offense is a felony under Swiss law.” He nodded to drive his point home. “Even then we would still not cooperate!” He smiled a conspirator’s smile.
I nodded approvingly and then looked around the room. Everyone seemed to be pleased with the way things were going, everyone except me. I couldn’t have been more turned off. Saurel’s last comment had struck a nerve with me, sending my brain into overdrive. The simple fact was that if the Swiss government refused to cooperate with an SEC investigation, then the SEC would have no choice but to refer their request over to the U.S. Attorney’s office for a criminal investigation. Talk about being the agent of your own demise!
I began playing out possible scenarios in my mind. Ninety percent of all SEC cases were settled at the civil level. It was only when the SEC felt something overly egregious was going on that they referred the case to the FBI for criminal investigation. But if the SEC couldn’t run their investigation—if they were stonewalled by the Swiss—how could they decide what was egregious and what was not? In truth, much of what I was doing wasn’t all that terrible, was it?
I took a deep breath and said, “Well, it all sounds reasonable to me, but I wonder how the U.S. government would even know where to look—meaning how would they know which Swiss bank to send a subpoena to? None of the accounts have names; they’re just numbered. So unless someone tipped them off”—I resisted the urge to look at Kaminsky—“as to where you were keeping your money, or unless you were careless enough to leave a paper trail of some sort, then how would they even know where to start? Do they have to guess your account number? There must be a thousand banks in Switzerland, and each one of them probably has a hundred thousand accounts. That’s millions of accounts, all with different account numbers. It would be like finding a needle in a haystack. It would be impossible.” I looked directly into Saurel’s dark eyes.
After a few moments of silence, Saurel replied, “That is another excellent question. But to answer, I would ask you to oblige me the opportunity to give you a small lesson in Swiss banking history.”
This was getting good. The importance of understanding the implications of the past was exactly what Al Abrams had drilled into my head during all those early-morning breakfast meetings. I nodded and said, “Please do. I’m actually fascinated with history, especially when it pertains to a situation like this, where I’m contemplating doing business in unfamiliar territory.”
Saurel smiled and said, “The whole notion of numbered accounts is somewhat misleading. While it’s true that all Swiss banks offer our clients this option—as a means of maintaining their privacy—each account is tied to a name, which is kept on record at the bank.”