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Bank Julius Baer Issues Statement On WikiLeaks

dtwood writes "The bank that got WikiLeaks.org erased from DNS finally hired a PR agency and issued a press release filled with half truths and non-statements. Tynan on Tech has it, along with some brief commentary. Worth a look."

29 of 187 comments (clear)

  1. Um... ok by downix · · Score: 4, Funny

    Can someone please tell Mr Baer that anything he says will be used against him in the court of public opinion?

    Sounds like his lawyers are getting nervous.

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    Karma Whoring for Fun and Profit.
  2. Other banks associated? by KublaiKhan · · Score: 4, Insightful

    Are there any US institutions that are associated with this bank that I should be considering boycotting?

    --
    In Xanadu did Kubla Khan
    A stately pleasure dome decree
    1. Re:Other banks associated? by zippthorne · · Score: 4, Insightful

      Does this bank pay interest?

      If so, then they must be investing in something. That's who you boycott.

      If you don't deposit money, they just make less money. If their investments fail to profit, they lose money.

      --
      Can you be Even More Awesome?!
  3. they make a good point: by greenslashpurple · · Score: 5, Funny

    "The posting of confidential bank records by anonymous sources significantly harms the privacy rights of all individuals." Especially individuals engaged in tax fraud.

    1. Re:they make a good point: by howdoesth · · Score: 5, Funny

      Isn't being engaged in tax fraud a prerequisite for having a bank account in the Cayman Islands?

    2. Re:they make a good point: by Trails · · Score: 4, Funny

      Not that I'm a fan of his or anything, but Chavez was democratically elected. If all it took to be called a dictator was being a blowhard with some odd policies that haven't panned out so well, and foreigners wondering what the hell your country was smoking to have elected such a douche, then I know a certain schmuck in the white house who's a dictator.

    3. Re:they make a good point: by jtheisen · · Score: 5, Informative

      Which is exactly what happened a couple of weeks ago here in Europe: German tax offices bought (with the help of the BND, Germany's service for foreign intelligence) records from a leaker of a bank in Lichtenstein with information about who had foundations there - foundations that are almost always used in order to commit tax fraud. They bought it for 3 million Euro, but claimed to get much more than that back. The CEO of the German Post fell over that scandal. According to SPIEGEL ONLINE, many other countries, including the US, also bought that information. Naturally, Liechtenstein got quite a fit about this and accused the German goverment of "Hehlerei im großen Stil" (legal expression, to receive stolen goods as a criminal act).

  4. Re:Non-truths? by Itninja · · Score: 5, Funny

    I think any reasonable person knows what a half-statement. It's a completely legitimate. Most English professors.

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  5. Re:Looks like my dreams have been canceled by KublaiKhan · · Score: 5, Funny

    HELLO good sir i am an honest man from the UNITED STATES who has a BUSINESS proposition for you in good health and honesty for good christian man of good character such as yourself.

    I am prepared to offer a BUSINESS deal to great advantage for you in monetary security terms for the storage of your FINANCIAL difficulties for very reasonable rate. Please to send to me your

    name
    date of birth
    bank routing number
    social security number
    mother's name

    and i will PROVIDE for YOU a small room for the storage of your MONETARY. For this service you may keep 10% of the AMOUNT GIVEN in good health as thanks for your ASSISTANCE.

    In good health and honesty,
    Fow Ern Ineteen, Esq.

    --
    In Xanadu did Kubla Khan
    A stately pleasure dome decree
  6. Re:Non-truths? by I+confirm+I'm+not+a · · Score: 4, Insightful

    > If you're going to chide a company for putting out a shitty document, at least have the balls to use some real language when you do it.

    > Is it a lie? then call it a lie! "half truths" my ass.

    You mean like this?

    And the statement "Julius Baer's sole objective has always been limited to the removal of these private and legally protected documents from the website" means either that a) they're lying, b) they really did think that wiping WikiLeaks.org from the DNS records of the Net would only remove those 'inauthentic' documents they're so concerned about, or c) they're lying.

    I'm betting on a and c. How about you?

    Looks to me like the article accuses Bank Julius Baer of... lying.

    --
    This is where the serious fun begins.
  7. Opinions, Opinions by matt4077 · · Score: 4, Insightful

    Quote: "And the statement "Julius Baer's sole objective has always been limited to the removal of these private and legally protected documents from the website" means either that a) they're lying, b) they really did think that wiping WikiLeaks.org from the DNS records of the Net would only remove those 'inauthentic' documents they're so concerned about, or c) they're lying."

    I'd interpret it as meaning they tried everything else and then had to resort to these means to get these documents offline. In a way, I can understand the Bank. If the documents are true, it's confidential information that shouldn't be published. If they're forged, it's obviously defamatory and shouldn't be published, either. I'm not sure if exposing some tax fraud is a goal high enough to disregard legal standards. WIkileaks is obviously doing good work, as with last years documents about african dictators. Not sure if this is among that good work,

    1. Re:Opinions, Opinions by JustinOpinion · · Score: 5, Insightful

      I'm not sure if exposing some tax fraud is a goal high enough to disregard legal standards. Well this is the fundamental question of whistle-blowing. Nearly all whistle-blowing is illegal, since someone is violating a confidentiality agreement, breaking a contract, publishing private information, etc.

      I don't know to what extent this has been legally codified, but the consensus has grown to be that whistle-blowing should be somehow allowed, or even encouraged and protected. This is why we consider it reasonable for a reporter to "not disclose a source" and why Wikileaks should be protected.

      If the information can be shown to be false, then yes it should be removed. But unauthorized publication of data which unequivocally proves that some bigger crime has occurred has to be allowed and protected if we are going to fight big crimes. This protection has to extend to the original whistle-blower, and the reporting agents (journalists, wikileaks, etc.), even though they may be technically breaking certain laws (e.g. disclosure of private data).
  8. Re:Non-truths? by morgan_greywolf · · Score: 5, Insightful

    Erm, well, one of the things they say relates to the documents being "stolen and forged". Then, in the very same paragraph, they refer to the documents as "private" and "confidential".

    Sorry, but, um, forged documents aren't private or confidential unless they contain some degree of accurate information, I suppose...but then they're not subject to banking laws because they're fake documents, right?

    So, which is it, Julius Baer? Are these documents forgeries, or are they real documents and therefore subject to banking privacy laws? You don't get to have your cake and eat it, too.

    If JB lawyers really had the aim to stop the publication of the documents, they could have just sent WikiLeaks a C&D, who maybe would have even taken it down. But instead, they call up WikiLeaks asking them who their lawyer is and refuse to identify themselves. Who do these people think they are? The fscking Mafia? Wait, don't answer that ... :-D

  9. Re:Go BJ Baer! by downix · · Score: 4, Insightful

    So, if the New York Times publishes a report on tax evasion, one should bulldoze the city of New York?

    Pulling the DNS is an option to be done *when all others have been exhausted*, and fact is, this was the first option the courts pulled, which is akin to my above statement. An initial order had to be for Wikilinks to pull the documents off of the site by a set date, and if they didn't, hold the executives in contempt. That is how the rule of law works.

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    Karma Whoring for Fun and Profit.
  10. "You cant be a leaker and a liar at the same time" by circletimessquare · · Score: 4, Insightful

    actually, yes you can. the bank's efforts at defending itself are certainly vile, but this doesn't mean the leaker has virtuous motivations either. if you think it is impossible to leak and lie at the same time, you've never encountered a disgruntled ex-employee or ex-client before

    it's sort of like some of the problems surrounding allegations of rape. most charges of rape are indeed cases about a real rape, that needs to be punished harshly. but a handful of charges of rape are made by women who's motivations are completely false. the horrible tragedy is that the real damage such women do is not to the man they want to hurt, but to the 100 other cases of genuine rape their false rape charges now put into doubt

    so let us hope this wikileaks case does not involve a maliciously intended disgruntled ex-employee or ex-client. not that the bank's actions are defensible in any way, regardless of the leaker's motivations, but if the motivations of the leaker aren't squeeky clean, on such a high profile affair, then this entire wikileaks first amendment situation gets poisoned in a way it would be viewed on the street in a way no one who cares about the first amendment wants to see happen

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  11. Re:Looks like my dreams have been canceled by I+confirm+I'm+not+a · · Score: 4, Informative

    In the UK there used to an agency called "Customs and Excise". They - unlike the police - carried guns on operations, they didn't trust or liaise with the police, and they normally didn't need a search warrant to carry out raids. The government decided that they weren't powerful enough, and merged them with...
    drumroll...
    the Inland Revenue!

    --
    This is where the serious fun begins.
  12. Re:Non-truths? by whoever57 · · Score: 4, Funny

    Non-truths and half-statements?>br>
    What the hell is that??
    I think that any Brit will know that the correct term is being "economical with the truth"
    --
    The real "Libtards" are the Libertarians!
  13. Re:Example by everphilski · · Score: 4, Funny

    a bag of walnuts!

  14. Re:Go BJ Baer! by z80kid · · Score: 4, Insightful
    I think the big deal (as pointed out in the article) is:

    1. According to the correspondence shown by wikileaks, Bear's lawyers did not attempt to discuss what they wanted. They only tried to contact them to serve legal papers. You'd be evasive too.

    2. Bear is asserting that the documents are 1) fake, and 2) violations of banking privacy law. One of those two is the truth and the other is a lie. If they are fake, then there is no violation of banking privacy, so #2 is a lie. If they are real, #1 is a lie.

  15. Re:Non-truths? by HTH+NE1 · · Score: 5, Funny

    So, which is it, Julius Baer? Are these documents forgeries, or are they real documents and therefore subject to banking privacy laws? You don't get to have your cake and eat it, too. Have you not heard of superposition? It's a matter of quantum legal entanglement.
    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  16. Liar and a leaker... by Mike1024 · · Score: 5, Insightful
    From the article

    You can't be a leaker and a liar at the same time. In fact, it's really unclear what Baer claims is legit (but stolen) and what it claims is false or forged. It would be possible to have both stolen true information and fabricated false information in the same document - or to have a mix of authentic documents and forged documents. Hence "stolen and forged bank records" could be true.

    Also, it makes sense for a company not to comment on the authenticity of leaked documents - and the bank could argue that wikileaks should remove the documents if they are fake (assuming wikileaks purports to be a factual site); and should remove them if they are illegal; and therefore should remove the documents without the bank specifying if they are authentic or not.

    That said, hosting fictional information probably isn't a crime (unless you could work slander or libel into it); and hosting private/secret documents against the rights holders' wishes is kind of wikileaks' raison d'etre.

    Just my $0.02
    --
    "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
  17. Re:Go BJ Baer! by dubl-u · · Score: 4, Insightful

    They tried to serve Wikileaks with a notice [...] pulling the DNS was about all they had available to them.

    That's bullshit. Over the years, I've been on the receiving end of a variety of notices, requests, and demands from lawyers, cops, and federal agents. Wikileaks was mildly jerky, but the lawyers were even more so. If they had a problem with particular documents and intended to sue in the US, they could have just said which documents and where they were planning to sue.

    This isn't censorship, as the government isn't doing it. Nor ir it prior restraint on publication.

    You did notice that it was shut down by a court, right? I know some think that courts are naturally occurring mineral formations, but I swear, this one is part of the federal government.

    What's the big deal? Do the haters think people have the right to publish anything on the 'net, no matter how false or scurrilous, without any repercussions whatsoever??

    I'm not sure if you're trolling here or just clueless, but I'll run with the latter. If the documents were actually false, then BJB should just say, "yet more Internet" and ignore them. Obviously, the problem is that the documents are actually valid but put them in a bad light.

    We grant limited legal protection to information for reasons like "advancing the sciences and the useful arts" or running a legal business. Although it's a little amazing given our congressmen, those valid reasons to not include malfeasance, corruption, and skulduggery. In fact, just the opposite: whistleblowing is frequently protected by law because it helps us nab people up to things not in the public interest. Like, it appears, Bank Julius Baer and some of their clients.

  18. Re:Do we have free speech in the USA? by el+borak · · Score: 4, Insightful

    The lawyers OWN congress.
    The lawyers ARE congress.
    --
    An imperfect plan executed violently is far superior to a perfect plan. -- George Patton
  19. Actually by wsanders · · Score: 5, Interesting

    I once worked at a place where a lot of people had security clearances. A coworker enjoyed scuba diving, and bought a condo in Grand Cayman. That security clearance whooshed away faster than a bottle of vodka in Britney Spear's glove compartment.

    Eventually the coworker was reinstated, so there are bind fide reasons for transacting business in the Caymans. Scuba diving, nig game fishing, genocide, drug dealing, weapons smuggling, corporate espionage come to mind, in addition to plain old tax fraud.

    --
    Give a man a fish and you have fed him for today. Teach a man to fish, and he'll say "WHERE'S MY FISH, YOU IDIOT?"
  20. Re:it is used for tax evading and money laundering by milsoRgen · · Score: 4, Informative

    Apparently they have a U.S. mutual fund unit. Other than that, all I can find in regards to U.S. activity is an New York Address.

    --
    I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
  21. News coverage by Zork+the+Almighty · · Score: 5, Insightful

    Did anyone see the Associated Press coverage? link.

    "An effort at damage control has snowballed into a public relations disaster for a Swiss bank seeking to crack down on a renegade Web site for posting classified information about some of its wealthy clients."

    Apparently, company information is "classified information", and WikiLeaks is a "renegade" website. I guess it is compared to the Associated Press. Here's a high school example of propaganda. Perhaps it was written by a high school student.

    --

    In Soviet America the banks rob you!
  22. Re:Non-truths? by harryHenderson · · Score: 5, Insightful

    Not to defend the bank, but a set of documents CAN be both legitimate and forged at the same time. Some can be real and some can be false. The problem that the bank could be in (if they aren't totally lying) is that only demanding the take down of the real documents in the C&D will expose which records are real, and as such need to be kept confidential. The ONLY thing the bank could do in that case is to BOTH deny any of the documents are true and demand that they all be taken down.

  23. Want to know how to kill a bank? by Colin+Smith · · Score: 4, Interesting

    Transfer all your money to them, then take it out as cash. Actual physical paper and metal.

    Because of the fractional reserve multiplier it has a currently 10 fold (in the USA, 30 fold in the UK and 50 fold in the EU) effect on their ability to generate further loans.

    --
    Deleted
  24. Re:Non-truths? by The+Angry+Mick · · Score: 5, Funny

    Have you not heard of superposition? It's a matter of quantum legal entanglement.

    Is that when the plaintiff gets to be on top, or is it the other way around?

    --

    I'm not tense. I'm just terribly, terribly, alert.