Why the hell does Zurich`s Authority try to apply Swiss Bank Secrecy extraterritorally in an imperalistic way?

Expatriate Agreement as of Sept 1st, 1999
Prosecutor A. Bergmann and Dr. Peter C. Giger as well as judge Dr. Sebastian Aeppli consider this document as THE EMPLOYMENT CONTRACT. Looking closely in the wording of the agreement it is obvious that a) the agreement is limited only to insurance coverage b) basic terms of an employment contract are missing such as salary, reporting to, position etc. which you find in every employment contract. It appears that there is a lack of knowledge of the English language particularly the wording of "exclusively" which limits the entire agreement to the terms mentioned in the agreement. In other words not mentioning Swiss Bank Secrecy Law as a matter of fact it excludes the Swiss Bank Secrecy Law!
19991216 Expatriate Agreement without si
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The Assignment as Chief Operating Officer as of Sept 1st, 1999
This assignment is the true Employment Contract with Julius Baer Bank & Trust Company, Cayman Islands. The agreement covers the appointment, salary, employee benefits, working hours etc. and was signed by the CEO and the President of the Board of Julius Baer Bank and Trust Company, Cayman Islands. Therefore, Rudolf Elmer was an employee of Julius Baer Bank and Trust Company Ltd, Cayman Islands and not as Prosecution and Judges conclude an employee of Bank Julius Bär & Co. AG, Zürich in order to apply Swiss Banking Law!
19990901 Assignment as COO to JBBT.pdf
Adobe Acrobat Dokument 1.3 MB
Work Permit Immigration Board Cayman Islands Oct 3rd, 2000
In the Work Permit Renewal of Rudolf Elmer Julius Baer Bank and Trust Company, Cayman Islands declared that the name and the employing company is Julius Baer Bank and Trust Company Ltd, Cayman Islands and not Julius Bär Bank & Co. AG, Zürich. In addition the statment of Julius Baer was made and signed by the CEO of Julius Baer Bank and Trust Company Ltd, Cayman Islands

"I decare the information contained in this application to be correct to the best of my knowledgand belief and am awarethat it is a criminal offence to make a statement or representation that is false in a material particular which I know to be false or do not believe to be true"!

The very same was signed by the CEO in respect of provision of pension benefis and health insurance under Cayman Law.
20001003 Work Permit Immigration Board E
Adobe Acrobat Dokument 4.1 MB
Email of the First Lawyer of Bär Holding AG, Zürich Christoph Hiestand
In this email Christoph Hiestand confirms that Rudolf Elmer is not employed with Julius Bär Bank & Co. AG, Zürich as well as Julius Baer Holding AG, Zürich. Rudolf Elmer is employed with Julius Baer Bank and Trust Company Ltd, Cayman Islands.
20030331 Hiestand bestätigt JBBT Angeste
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Complaint against Bank Julius Bär & Co. AG, Zürich
In turning down the complaint of Rudolf Elmer against Bank Julius Bär & Co. AG, Zürich in respect of social security fraud the Prosecution Office of Zurich as well as the Swiss Social Security Authority confirmed that Rudolf Elmer was not an employee of a Swiss Company during his time in Cayman, he was an employee of Julius Baer Bank and Trust Company Ltd, Cayman Islands and therefore there are special regulations to be applied related to the Swiss Social Security. Due to this special regulations for Swiss people working abroad and the fact that Rudolf Elmer was not an employee of Bank Julius Bär & Co. AG, Zürich the complaint of Rudolf Elmer had to be turned down!
20090211 Einstellungsverfügung AHV Anze
Adobe Acrobat Dokument 1.7 MB
Agreement with Bär Holding AG, Zürich Feb 15th, 1994
The agreement clearly states that Rudolf Elmer had a preliminary agreement with Bär Holding AG, Zürich and not with Julius Bär Bank & Co. AG, Zürich. On top of it in the agreement is stated that Rudolf Elmer work under a local contract (Cayman Law) and he will have no Swiss benefits granted to employees with Bank Julius Bär & Co. AG, Zürich or even Bär Holding AG, Zurich.
19949215 Employment Contract JB Holding.
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Certificate of Termination as of March 10th, 2003
In this certificate it was clearly stated that

"Mr. Rudolf Elme joined Julius Baer Bank & Trust Company Limited in Cayman on 1st September 1994".

This makes a clear statment that Rudolf Elmer was an employee of Julius Baer Bank and Trust Company Ltd, Cayman Islands and not Bank Julius Bär & Co. AG, Zürich since Sept 1st, 1994.
2002 Certificate Upon Termination Elmer.
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Employment Certificate with Bank Julius Bär & Co. AG, Zürich
The certification confirms that Rudolf Elmer formally left Bank Julius Bär & Co. AG, Zürich as of August 31st, 1994 and therefore he could not be an employee of Bank Julius Bär & Co. AG, Zürich after 1994!
Austritt aus BJB-ZRH Arbeitszeugnis 1994
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Indictment of Prosecutor A. Bergmann
In this indictment the prosecutor refers to the Expatriate Agreement above and calls it an Employment Agreement even though there are no terms mentioned in the Expatriate Agreement which would justify to call the agreement an Employment Contract. It appears that the prosecutor tries to cheat and make a false statement in order to apply the Swiss Bank Secrecy Law in the case of Rudolf Elmer.
20140630 Anklageschrift Arbeitsvertrag
Adobe Acrobat Dokument 2.1 MB
Indictment of Prosecutor Dr. Peter C. Giger
In this indictment the prosecutor refers as well to the Expatriate Agreement above and calls it an Employment Agreement even though there are no terms mentioned in the Expatriate Agreement which would justify to call the agreement an Employment Contract of the Bank Julius Bär & Co. AG, Zurich. It is only an agreement on insurance matters as explained "complaint social security fraud Julius Baer above". It appears that the prosecutors try to cheat and make a false statement in order to apply the Swiss Bank Secrecy Law in the case of Rudolf Elmer. It cannot be assumed that prosecutors and judges do not know what the necessary content of an employment agreement are because the "Assignment as Chief Operating Officer" clearly states even under Julius Baer`s terms what an employment agreement consists of!!!
20140630 Anklageschrift Arbeitsvertrag D
Adobe Acrobat Dokument 3.0 MB

Conclusions

a) Rudolf Elmer was employed with Julius Baer ank and Trust Company Ltd, Cayman Islands from Sept 1st, 1994 to March 30th, 2003  and at any point during that period of time not with Bank Julius Bär & Co. AG, Zürich.

 

b) Under Swiss Bank Law

"Art. 47 Banking Secrecy is "Whoever divulges a secret entrusted to him or of which he has become aware in his capacity as officer,employee, mandatory, liquidator or commissionerof a bank, as representative of the Banking Commission, officer or employee of a recognized auditing Company and whoever tries to induce others to violate professional secrecy, shall be punished by imprisonment for not more than three years orby a fine of not more than SFr. 250,000.00."

 

Therefore, you have to be an employee of a Swiss Bank (List FINMA) and if you are not an employee of a Swiss Bank you are not under Swiss Banking Law. Julius Baer Bank and Trust Company Ltd, Cayman is obviously not a Swiss Bank because it is a subsidary of Baer Holding AG, Zürich and on top of it an independend entity particularly of Bank Julius Baer & Co. AG, Zürich.

 

c) In addition when Swisspartners AG, Zürich handed over Swiss Accounts to the US Authorities the Management of Swisspartners did not violate Swiss Bank Secrecy because Swisspartners is as well not a bank it is only a fiduciary company. This is the very same as Julius Baer Trust Company Ltd, Cayman (not a bank) where the data is from!

 

d) It appears that there is a political game played by Zurich`s Authority in order to crucify the whistleblower Rudolf Elmer and send the message to criminals that you will be protected in Switzerland in any case we can bend, stretch and ignore the law.

 

 

 


 

One has to confront the Satan with the truth which he does not like and that is why he then gets very personal and tries to ignore facts in order to manipulates the truth!