Whistleblower and former UBS Banker sentenced to 40 months in prison for role in tax scam

Former UBS Banker, Bradley C. Birkenfeld was recently sentenced to 3 years and 4 months in prison for assisting a client at UBS to evade taxes. However, due to Mr. Birkenfield's assistance, the government was successful in reaching the February settlement of UBS agreeing to pay $780 million in fines, penalties, and restitution relating to tax fraud.

In response to the sentencing of Bradley Birkenfeld, Qui tam Attorney Brian F. LaBovick, Esq. stateted the following:

"This is a major issue within the Qui Tam paradigm. I recognize that Mr. Birkenfeld was likely a bad actor and that the government had a good reason to hold him accountable for his part in the fraud. But in the context of how terrible whistleblowers are treated post service of process; this is another good reason why people "in the know" may fail to come forward to report fraud. Without bad actors looking for a "pay day" literally billions of dollars will be lost to the intricate fraudulent schemes created in the wake of big government contracts with dishonest vendors and service suppliers.

I am deeply troubled by this prosecution. Had this occurred in a criminal context, the results would have been different. Seldomly are we able to combat and bring down  organized crime rings without the help of the criminals who are given an immunity deal from the government."

The case, U.S. v. Birkenfeld, 08-cr-60099, U.S. District Court, Southern District of Florida, occured in Fort Lauderdale, Florida. Sadly enough, the support from U.S. Senator Carl Levin of Michigan, representatives of the Securities and Exchange Commission and IRS, did not help to give Mr. Birkenfeld leniency in his sentencing. One can only hope, that this will not deter other whistleblowers from coming forward and working with the government to report fraud against the government. 

Click on the following to learn more on the UBS Tax Fraud sentencing of Whistleblower Birkenfield or the DOJ's release on the former UBS Banker being sentenced to prison.

Congressman Bruce Braley discusses whistleblower legislation with Brian LaBovick

Managing Partner, Brian LaBovick, Esq., discusses whistleblower legislation with Congressman Bruce Braley in the Podcast series, "From the Courtroom".

whistleblower.labovick.com/uploads/file/Podcast WhistleBlower_leg_Congressman_Bruce Braley _final cut.mp3

Brian LaBovick's interview with Lexblog on qui tam and the Whistleblower Lawblog

Brian LaBovick, Esq. shared his thoughts on his experience with qui tam (whistleblower law) and his blogging experience with the Whistleblowerlawblog in an interview with staff from Lexblog on  Kevin O'Keefe's Blog (Real Lawyers Have Blogs).

Click on the following link to read Brian LaBovick's responses the interview with the Lexblog  team.

Join Brian LaBovick, Esq. Live on Radiopalmbeach.com

We are pleased to announce that Brian F. LaBovick, Esq. will be featured on Law Talk online which can be accessed at www.Radiopalmbeach.com Monday evenings from 7pm - 8pm EST.

Attorney LaBovick will cover Qui tam - False Claims Act issues and verdicts along with other breaking legal news that affect consumer rights.

Tune in on your computer by going to www.Radiopalmbeach.com and join in the discussion by calling in or emailing questions.  If you have a question beforehand that you want aired during the show, you can submit them to info@labovick.com prior to the show.

 

The IRS is paying more to turn in tax cheaters

Smart Money magazine article summed it up appropriately in their headline: The IRS is paying more if you turn in your friends.  The author, Lisa Scherzer, contacted a few law firms that publish  qui tam blogs and handle qui tam and tax fraud issues. Our very own, Brian LaBovick, former U S Attorney for the Department of Justice, Managing Partner, LaBovick LaBovick & Wald, and publisher of the Whistleblowerlawblog was quoted as saying "You have to come to the government with new and valuable information. The more information you have, the better the results of your recovery."  Other other qui tam attorneys and qui tam bloggers were:  Michael Finch, The Whistleblowerlawyerblog, and Paul Scott, Taxwhistleblowers.org.

The Smart Money article highlighted the fact that if your employer, co-worker, landlord, neighbor or father-in-law is raking in fistfuls of cash and bypassing Uncle Sam, you can anonymously report the abuse to the IRS and snag a windfall from their dishonesty. As long as the total amount of tax fraud comes out to at least $2 million (including penalties, interest, and whatever else the government ultimately collects based on your report), you can get a 15% to 30% cut.

Click Here to read more on the Smart Money magazine article covering the IRS and tax cheaters.