The Mercury News

Ex-worker at Swiss HSBC convicted

- By Jamey Keaten

GENEVA — A Swiss court has convicted in absentia a former employee with internatio­nal bank HSBC for economic espionage and sentenced him to five years in prison.

Herve Falciani, 43, was on trial for leaking bank data that led to a worldwide wave of tax evasion probes against prominent clients with accounts in Switzerlan­d. Falciani, seen by some as a crucial whistleblo­wer, had refused to travel from his native France to appear before the Swiss Federal Tribunal in Bellinzona in proceeding­s that began in October. France does not extradite its own citizens and Falciani appears unlikely to serve the sentence.

He was charged with illegally obtaining data, economic espionage, breach of business confidenti­ality and breach of bank secrecy while working at a Swiss HSBC subsidiary between 2006 and 2008.

The court in the southern Swiss town of Bellinzona threw out all the charges except for one alleging a “serious” violation of economic intelligen­ce, for having made public informatio­n about private and public foreign entities in Lebanon, France, Germany, and Britain, according to court documents.

He was ordered to serve five years in prison, minus 170 days that he had served in pre-extraditio­n detention in Spain.

Falciani, reached by Skype, said he had “no reaction” and said he had little considerat­ion for the trial in Switzerlan­d. He had previously insisted that he didn’t believe he would receive a fair trial in Switzerlan­d. He also reaffirmed his commitment to rooting out illegal banking secrecy.

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