Compliance
Two-Year Probe Doesn't Validate Simon Wiesenthal Center's Claims – Credit Suisse
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The bank gave a detailed statement yesterday about a probe it commissioned into claims about Nazi-era accounts. It said the probe did not prove that claims from the Simon Wiesenthal Centre – which pursues investigations about the Holocaust and Nazi crimes – were justified. The SWC said it continued to seek answers, as does the US Senate.
Credit Suisse,
in the throes of being taken over by UBS, yesterday said that a
two-year probe into Argentine data hasn’t found evidence to
support claims from the Simon Wiesenthal Center that eight of the
lender’s predecessor bank accounts from the period - long since
closed - held assets taken from Holocaust victims.
The story highlights how claims that Swiss banks held money
stolen from European Jews continues to cause controversy. Several
decades ago, complaints about the country’s banking system
started to cause the first serious criticisms of its bank secrecy
regime.
The SWC, which is based in Los Angeles, had raised questions
about individuals on an Argentine list of 12,000 names with
accounts at Schweizerische Kreditanstalt (SKA), Credit Suisse’s
predecessor bank, during the Nazi period, according to a
statement from Credit Suisse yesterday.
“The investigation also found no evidence that eight long-closed
accounts identified in this period contained assets from any
Holocaust victims. In addition, the bank's investigation
fundamentally confirms existing research on Credit Suisse’s
history published in the context of the 1999 Global Settlement
that provided binding closure for the Swiss banks regarding all
issues relating to World War II,” it said.
“Credit Suisse has invited the SWC to meet with them and
AlixPartners to present the findings of the investigation,” the
bank said.
In Washington DC, lawmakers on the Senate Committee on The Budget weighed in on the matter yesterday.
The US Senate committee said: "Multiple reports shine a new light on Credit Suisse’s historical servicing of Nazi clients and Nazi-linked accounts, which in some cases continued until as recently as 2020. The reports, released by the Senate Budget Committee on Holocaust Remembrance Day, detail a multi-year internal investigation by a forensic research firm retained by Credit Suisse and initially overseen by an independent ombudsperson who was inexplicably terminated by the bank during the course of the review. While the resulting reports are incomplete and were hampered by scoping restrictions, they nonetheless reveal nearly 100 previously undisclosed Nazi-linked accounts and related information, and they raise new questions about the bank’s potential support for Nazis fleeing justice following World War II via so-called `Ratlines'."
SWC statement
The Center gave the following statement on the case: "Beginning
in March 2020, we invited Credit Suisse to review our findings
related to the Nazi Assets investigation. In response, the bank
made a commitment to investigate and confront this hidden and
troubling past. As a critical part of that commitment, Credit
Suisse hired an independent ombudsperson and an independent
advisor possessing extensive credentials and the highest
integrity to assure the accuracy, transparency, and independence
of this historically significant investigation. The investigative
plan was approved and executed by the most senior executives of
Credit Suisse AG and relied upon by SWC."
"At the request of the bank, SWC worked with the independent ombudsperson team to communicate all relevant facts and information relating to the Nazi Assets. However, after more than one year working with SWC and significant progress, the independent ombudsperson and independent advisor were removed by Credit Suisse. This decision eroded SWC’s confidence in a fair, independent, and transparent historical review, especially if the remaining work is completed by any entity with significant ties to Credit Suisse.
SWC looks forward to reviewing the report of the independent ombudsman in whom SWC and Credit Suisse reposed trust to find and report historical truth," it said.
The Center added that it welcomed actions taken yesterday by the US Senate Committee on the Budget, which it said shone a "light on a dark and troubling past that has remained outside the historical record." "SWC is grateful for the decision of the Members of the Committee to inform the public of this history. We wish to especially thank chairman Whitehouse (D-RI) and ranking member Grassley (R-IA) whose bipartisan leadership offers hope for full and final accountability from all who supported the Nazi regime during and after the Second World War."
The investigation
In March 2020, the SWC asked Credit Suisse to investigate a list
of members of the Unión Alemana de Gremios (UAG), a
Nazi-affiliated Argentine labour organisation, claiming that
“many” of the names on that list had accounts at SKA. Credit
Suisse said in a statement that it voluntarily engaged one of the
world’s leading forensic investigative firms, AlixPartners, to
investigate the claims.
In addition to investigating the UAG list compiled by an
Argentine parliamentary commission in 1941, AlixPartners also
searched the bank’s archives for the names of the members of the
Argentine Nazi Party, as listed by the US government in 1946, and
conducted searches of additional names about which the SWC
inquired, the bank’s statement continued.
“For a period of more than two years, a team of up to 50
AlixPartners professionals spent more than 50,000 hours
investigating the matter, using the bank’s archives and databases
containing information on millions of historical Credit Suisse
accounts. During the course of the investigation, AlixPartners
applied state-of-the-art technology and manually reviewed 480,000
documents, and collected substantial evidence from external
sources,” it said.
List
Credit Suisse said AlixPartners determined that the list of about
12,000 members of the UAG labour organisation provided by the SWC
in fact referred to 8,951 unique individuals, excluding
duplicates.
The bank said that, at the time, individuals who sought work with
German companies in Argentina were effectively required to join
the UAG. “Notably, the UAG list does not mention SKA or Credit
Suisse and it does not contain any bank account information,” it
said.
“AlixPartners examined the names on the UAG list and the 1,373
names on the US government’s list against the relevant databases
of Credit Suisse, including databases of dormant, closed and
numbered accounts at SKA dating back to the early 1930s; as well
as against the Arthur Andersen archive preserved from the 1990s
investigation of the Independent Committee of Eminent Persons,
headed by former US Federal Reserve Board chairman, Paul A
Volcker, that contains a comprehensive database of all available
bank accounts from the Nazi period,” it said.
“After a review of plausible matches, AlixPartners identified
eight individuals named on the Argentine lists who likely had an
account relationship with SKA in the relevant period between 1933
and 1945. Seven of these relationships were closed by 1937, and
only one relationship existed during World War II with a member
of the UAG who had emigrated to Argentina in the 1920s. This
individual was not on the US government’s list of Argentine Nazi
party members at any stage,” the bank continued.
AlixPartners also identified 70 closed accounts matching the
Argentine lists that were opened years and, in many cases,
decades after the end of World War II. Credit Suisse said these
accounts are not relevant to the context of the issues raised by
the SWC.
The banks said that in addition to the Argentine lists,
AlixPartners also examined other questions including a list of
311 senior Nazis that the SWC had sent to the President of
Switzerland 25 years ago. In the 1990s, Credit Suisse’s
historian, Prof Joseph Jung, and the Independent Commission of
Experts Switzerland – World War II ("Bergier Commission”) had
analysed this same list and identified an additional eight
persons with SKA accounts between 1933 and 1945. In addition to
these previously published findings, AlixPartners – with the help
of phonetic name-matching technology not available at the time —
identified one additional account in the period that was closed
in March 1933.
The bank said it has engaged the law firm Clifford Chance, with
the assistance of KPMG Switzerland, to review the findings of the
AlixPartners investigation, as a replacement for the former
ombudsperson that the bank had previously retained.
US Senate comments
Chuck Grassley (Republican), a ranking Senate member, said of the
matter: “When it comes to investigating Nazi matters, righteous
justice demands that we must leave no stone unturned. Credit
Suisse has thus far failed to meet that standard. While Credit
Suisse initially agreed to investigate evidence of previously
unidentified Nazi-linked accounts as a result of the Simon
Wiesenthal Center’s relentless pursuit of justice, the
information we’ve obtained shows the bank established an
unnecessarily rigid and narrow scope, and refused to follow new
leads uncovered during the course of the review. Its removal of
an independent ombudsperson and insistence on redacting portions
of his report as well as its initial refusal to pursue leads on
accounts that may be associated with Nazi ratlines is no way to
conduct a thorough and complete investigation. Now that the bank
has pledged to continue investigating as a result of our
oversight, we’ll keep a close eye on its thoroughness going
forward. Holocaust survivors and their families deserve nothing
less,” Grassley said.
The Senate committee report on the matter yesterday said: "Credit Suisse appears to have maintained accounts, the vast majority of which have not previously been disclosed, for at least 99 individuals who were either senior Nazi officials in Germany or members of Nazi-affiliated groups in Argentina. Seventy Argentine accounts with plausible links to Argentina-based Nazis were opened with Credit Suisse after 1945, and at least 14 of those accounts remained open into the 21st century – some even as recently as 2020."
"AlixPartners identified 21 accounts from a list of notorious
high-level Nazis provided by SWC, including one that belonged to
a Nazi commander who was sentenced at Nuremberg and another
belonging to an SS commander who was convicted. The sentenced
commander’s account remained open until 2002, but the bank has
not yet provided asset information from this account or from 85
other identified accounts. The bank maintained accounts
belonging to a German executive who was tried and acquitted at
Nuremberg and a Nazi scientist who was imprisoned throughout the
Nuremberg trials, among other accounts the bank had not
previously discovered. A senior SS officer and
representative for Nazi company Deutsche Wirtschaftsbetriebe GmbH
(DWB) held an account at the bank," the committee said.
The 1999 settlement
Between 1996 and 2000, significant efforts were made to reassess
the history of Switzerland and its banks during the World War II
era. In addition to the Bergier Commission, which published its
findings in a final report and in 25 separate studies with around
10,000 pages, the Volcker Committee searched for assets of
victims of Nazi persecution. Credit Suisse was the only major
Swiss bank to publish the results of its research in an 800-page
study in 2001.
A settlement was reached in 1999 under the auspices of US
District Judge Edward R Korman to compensate Holocaust
victims and their heirs. It was to provide a comprehensive end to
the controversy concerning Swiss banks and the World War II era,
and a complete and binding closure for all the parties
concerned.