Birkenfeld Seeks Correction of False and Misleading Statements Filed With Court and Investigation into Privacy Act Violations
Washington, D.C. January 5, 2010. Today UBS whistleblower Bradley Birkenfeld filed a complaint with the U.S. Department of Justice Office of Professional Responsibility (OPR) seeking a formal investigation into incomplete and misleading statements made by attorneys for the Justice Department.
DOJ falsely accused Mr. Birkenfeld of improperly withholding information from the U.S. government. DOJ claimed Mr. Birkenfeld withheld information to protect billionaire Igor Olenicoff, who held monies in an illegal Swiss bank account. Justice Department at torneys made the false statements in open court during Mr. Birkenfeld's sentencing hearing and on the "public record" during a DOJ interview with 60 Minutes.
The documents filed with OPR today prove that Mr. Birkenfeld did not withhold information regarding Mr. Olenicoff.
They conclusively demonstrate that Mr. Birkenfeld provided under oath testimony before the Senate Permanent Committee on Investigations detailing the illegal holdings of Mr. Olenicoff. This testimony was provided in 2007, before Mr. Olenicoff was indicted, before he entered a guilty plea and before he was sentenced.
Stephen M. Kohn, a partner of Kohn, Kohn and Colapinto, LLP and one of the attorneys for Mr. Birkenfeld, stated, "This is an absurd Kafkaesque miscarriage of Justice. The biggest tax whistleblower in history, a man who has already saved the taxpayers over two billion dollars ($2,000,000,000.00) faces 40 months imprisonment, while Government lawyers misrepresent his motives. The taxpayers will be the biggest losers if Mr. Birkenfeld is thrown behind bars on January 8, 2010."
Mr. Birkenfeld is scheduled to report to federal prison to begin his 40-month jail term on January 8, 2010. The attorneys for Mr. Birkenfeld have requested that OPR conduct an immediate review before Mr. Birkenfeld commences his sentence.