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.