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April 29, 2008

Whistleblowers & Wikileaks: Using the First Amendment to Uncover Wrongdoing.

Wikileads » Interview: Attorney who represented a Wikileaks Facebook group officer against Bank Julius Baer explains flaws in the bank's legal logic

What about Wikileaks? Could they get in trouble for leaking a classified document - even when the document proved Bank Julius Baer was breaking the law?

“The Cayman Islands bank. What do those guys do?” Koltun said. “They provide anonymity for people who are hiding money from the IRS.”

“The bank secrecy laws of offshore tax havens are designed to break the laws of other countries,” Koltun said about the Cayman Islands, Switzerland and other countries known for secretive banking practices.

But when information about these banks leaks, “law enforcement in America is all over that,” Koltun said. U.S. law does not follow the privacy laws of other countries, Koltun said, citing the current debacle about leaked Liechtenstein bank documents as an example.

Leaking secret bank documents is illegal in some countries, but in the U.S., the opposite is true. Holding onto documents that you suspect contain evidence of wrongdoing could get you in trouble with the law. It’s against public policy to keep a crime under taps.

What about Wikileaks? Could they get in trouble for leaking a classified document - even when the document proved Bank Julius Baer was breaking the law?

The Cayman Islands bank. What do those guys do? Koltun said. They provide anonymity for people who are hiding money from the IRS.

The bank secrecy laws of offshore tax havens are designed to break the laws of other countries, Koltun said about the Cayman Islands, Switzerland and other countries known for secretive banking practices.

But when information about these banks leaks, law enforcement in America is all over that. U.S. law does not follow the privacy laws of other countries, Koltun said, citing the current debacle about leaked Liechtenstein bank documents as an example.

Leaking secret bank documents is illegal in some countries, but in the U.S., the opposite is true. Holding onto documents that you suspect contain evidence of wrongdoing could get you in trouble with the law. Its against public policy to keep a crime under taps.

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