[Important note: This is a rough translation from the orignal Swiss-German letter designed to help a wider audience to understand the content of the original letter, which remains the ONLY authoritative document. This translation might be changed/improved in the next days.]

Rudolf Elmer's open letter to Mr. Martin Graf, Swiss Government Councillor

Switzerland, 7 April 2014

Regarding my complaint dated 3 December 2013, the Department of Justice and Home AffairesDirectorate of the Canton of Zurich in legal matters Bank Julius Baer against Rudolf Elmer.

Dear Mr. Government Councillor Graf,

Attorney lic. iur. Martin Bürgisser replied to me with a letter dated March 17, 2014 which is a comprehensive response to the legal issues I raised in my complaint of December 3rd, 2013. I am grateful to him.

With some answers however I do not agree. I also see no point in going into the details and submitting additional complaints against members of the law enforcement agency. Offenses prosecuted ex officio shall be pursued by law and I leave that to the Prosecutor's Office to decide. According to the letter Zurich's authorities always followed the law in my case, therefore they do not need to fear public opinion.

It is a fact that I had informed the authorities of my complaints on December 3rd, 2013 and four months into the investigation and having studied the mentioned response of the fact, I see the need to write an "open letter" in order to provide civil society and the citizen with insight and understanding about causa Elmer. Due to the fact that the Cantonal Law the Ombudsman can not intervene with the responsible authorities and challenge their decisions (Section 90 Administration of justice law VRG): Cantonal ( lit. A) and authorities with judicial independence (lit. B), the Ombudsman is not allowed to deal with causa Elmer and therefore he/she cannot be of any help at the moment. It is still a pending case and ongoing, therefore an open letter is justifiable under the present circumstances. I also believe that my good faith in presenting my view in this open letter is in the interest of the public: The interest of the public outweighs the needs for confidentiality of public authorities, because the reputation and the future of the financial center Zurich is at stake.

I took the liberty to focus on urgent issues that are important in my opinion, not for me, but for the financial center of Zurich and for Zurich's judiciary system with a look into the future. It is about the political dimension of causa Elmer, by virtue of letters of the persons I have associated in the distribution of my complaint dated 3 December 2013 and the many international discussions and meetings which I have had in the meantime.

The Holy Father Pope Francis, the President of the Council of the European Union Herman Van Rompuy, the President of European Parliament Martin Schulz, but also Swiss citizens such as lawyers and national council officials have offered their support in this matter. For reasons of confidentiality and to prevent abuse, only extracts of the letters I received are in the attachment of this open letter. Many have expressed their admiration of my person as a responsible citizen in their personal letters.

The personal words of the Holy Father Pope Francis had impressed me because even though I am a protestant they include me in his prayers, and ask for God's constant protection and his richest blessings for me and all those who are close to me. This gives me and my family the strength to continue to put up with what we are exposed to by actors of the financial industry and the Zurich authorities. Anyhow, I am still willing to go back to prison and to endure the long course of justice, or to take my case up to the European Court of Human Rights if necessary. I want to serve the civil society and the fight against poverty in the world along Cardinal Oscar Rodriguez Maradiaga, president of Caritas Internationalis and Global Financial Integrity, Washington DC.

On the other hand, I feel as a Swiss citizen it is still my civic duty to first inform the Swiss authorities, the Canton of Zurich and the Swiss citizens, as I put the welfare of my native country first.

"I have had to learn that corruption is not always related to money and that there is also another type of corruption" - said Patrick Moulette, Head of the Anti -Corruption Unit (OECD recipient of the complaint dated December 3, 2013 cc.). Whistleblowers or witnesses of abusive practice in the private sector in Switzerland, particularly in the financial industry, are made outlaws by those in power and do not even have basic rights. The confrontation with the truth leads these "Bankbanditos" and the judiciary to reactions that are often placed below the belt-line.

This, however, has its limitations, because I am also a father and husband and had therefore to protect my wife and my daughter in front of bureaucratic arbitrariness. Judicial arbitrariness has already been addressed by the Federal Court (7 March 2011) which lectured Zurich's Prosecutor Office, certain former Executive Board members of the Julius Baer Holding AG, the Private Detective Agency Ryffel AG and also the three judges of the Supreme Court of Zurich. Unfortunately I have to state that arbitrariness in the causa Elmer is constantly present.

My wife and my daughter have dual citizenship and therefore I might be force to contact the appropriate embassy or leaders in their [other] country in order to get help. I believe that can be followed and you can understand this also as a father.

It seems to me also that the Government of the Canton Zürich is not aware of the political dimension of causa Elmer. There is a lot of international attention on this matter and that a powerful foreign Government points at the Canton of Zurich which could be accused of facilitating financial crimes and protecting criminal money, supporting tax evasion, and protecting the financing of terrorism. For instance the funds of companies domiciled in London, to the Bin Laden Family Construction Group (already in the Guardian UK's "Rare glimpse into offshore world of big money and low taxes" , February 13, 2009 published in connection with Julius Baer) or drug lord Arturo Acosta Chapparo (also published in the Guardian UK's " Isle of Plenty ", February 13, 2009 in connection with Julius Baer), and also dubious shell companies were protected by the judiciary Zurich by not investigating since the causa Elmer started in 2005. Another example is the Swiss citizen Mr. JG, who is living in the Canton of Zurich and who used a ponzi scheme according to WikiLeaks, which was manifestly unreasonable and unlawful.

The Swiss law article 102 of the Criminal Code "control of the enterprise" and CC 2, para 2

" The obvious abuse of a right is not protected by law "

provide empty words in the causa Elmer regarding shell companies (in the example, the only settlor is equal sole beneficiary and to the Special Fund of the trusts still actively managed), while in Anglo-Saxon law illegal, those structures are accepted by the Zurich justice as a legal construct and their abusive practice protected due to not investigating. The Zurich justice request strangely enough an expensive legal opinion at the Institute for comparative law in Lausanne in order learn about violation of the Confidentiality Law in the Caymans. This second opinion is now for more than two years pending and should clarify the to court rulings in the Anglo-Saxon countries in connection with violations of the Cayman Confidentiality Law. It was state by the director of the institute that they have to go back to the year 1725 (seventeen-hundred and twenty-five) in order to to analyze court rulings. This approach, however, ignores the articles Article 6 § 2 of the Code of Criminal Procedure

" It examines the incriminating and exonerating circumstances equally with the same care,"

to collect and exculpatory evidence. The validity of these offshore trusts and companies by means of experts or by expert opinion has to been considered by the judges even though the suspicion of illegality is there from the data examined and reviewed. There would be sufficient grounds to start an investigation against Julius Baer.

It is the first biased lawyers at Bank Julius Baer & Co. AG., Zurich, and the party plaintiff is believed without reservation. There statements are not challenged! Lawyer Christoph Hiestand has repeatedly lied and claimed that the bank had never done anything unlawful against the Elmer family in connection with the assault and harassment of the family. This lawyer lied not only the police but also the public prosecutor and the judges. One result was the aforementioned complaint (using arbitrariness) by the Federal Court of 7 March 2011. The conclusions of the investigation carried out b the prosecution office proved clearly and without any doubt the illegality of the actions of the Bank (see attached ruling of 24 October 2011). The accused persons of Swiss economic history such as Dr. Raymond J. Baer , Rudolf E. Bear, Michael Bear were not paid any compensation and satisfaction money based on the time spent with prosecutions. However, all of them were reported to the Office of Criminal Record (called VOSTRA). In addition, the strong suspicion of abuse and that there should have been performed an investigation of the data of Julius Baer & Trust Co. Ltd., Cayman Islands is made clear on the multilingual and international website Liberté Info


On this webpage where you can read more about the need of the investigation. In addition the judges of the Zurich Supreme Court are aware, because the president of the international organization Liberté Info wrote to the Head Judge Peter Marti (update of November 23, 2013, 4:30 PM on the website ). This is the link to the letter


A criminal investigation despite strong suspicion of various offenses, according to websites Liberté Info and WikiLeaks, or even due to the files authorities have confiscated in the causa Elmer was not opened by the Prosecution Office of Zurich called Financial Crimes Prosecution III (the experts in white collar crimes) and the Prosecution Office of Winterthur/Unterland against the Bank Julius Baer until today.

Ultimately enlightening people, like me and my family, are patronized and forced to cover up the abuse in the Bank Julius Baer in Switzerland. Yes, as a truth teller I was defamed by the judiciary, pathologized, criminalized and ultimately isolated in solitary confinement for a total of 217 days.

It is clear to me that the Zurich`s judiciary protects the system and not the well-meaning and good citizens in such matters related to the financial industry. It is and I believe it was in the Swiss criminal law never about to penalize all breaches of the law - principle of legality and ex officio proceedings or not - it 's about how a Swiss judge told me that the criminal justice system pursues the politically correct violations - or even more important - just does not prosecute. The latter is key because without such a policy the financial industry would be in serious trouble.

Criminal investigations against banking institutions in Switzerland are still not opportune in any way, on the other hand, the prosecution of people like me who make or made their insider knowledge to the public known and to the Swiss tax authorities. Those people have to be silenced!

The reason is simple, the financial center of Zurich cannot afford any criminal investigations or even house searches at Swiss banks. Where then would this led to? First Bank Julius Baer then UBS or even Credit Suisse? Therefore one states a striking example on a whistleblower in order to make certain that the truth about the financial industry remains protected.

I have learned from my personal experience that prosecutors under the present laws in Switzerland have a lot of room of interpretation and free zones in order to bend and stretch the law. In addition, the issues under discussion related to the financial industry are complex and difficult for average citizens to follow or even understand. In addition the prosecutors and the investigating police officer in the causa Elmer understand really too little concerning the Anglo-Saxon Trust & Company business and its laws as the case of Bank Julius Baer demonstrates . The examining Canton police officer can hardly speak English and the English of certain prosecutors convinced leaves some big doubts if they really know what the data represents. Although, 100 percent of the data of the Julius Baer & Trust Co. Ltd., Cayman Islands is in English and the whole terminology of the trust business is in English, too. This shortcoming of knowledge should be addressed by the responsible level of management.. The persons mentioned are to be educated accordingly.

With that in mind and also that now a tough competition in the world is kindled among global financial centers and all kinds of tactics are ussed to spoil the reputation of a financial centere such as Zurich, The Canton of Zurich must taken the lead and in particular the political elite in order to protect the reputation of Zurich but more importantly to run clean business through the financial institutions. Bearing in mind that projects such as Zurich becoming a global trading center for the Renminbi is in the air, more scandals have to be avoided.

I hereby appeal to your common sense and your political foresight. The global distribution battle of the offshore business is in full swing and we all know that there are banks in Switzerland who will not have easy in the future, that Zurich jobs are at stake and the Swiss financial center and that the Swiss franc is a thorn in the eyes of the Americans, the City of London and the financial center of Frankfort. The Zurich financial center is under pressure due to the present international tax dispute (OECD standards, Automatic information exchange, tax evasion as a predicate offense for money laundering, holding and lump-sum taxation, FATCA, group inquiries, investor protection and access to financial markets, whistleblower protection, hidden capital of Political Exposed People etc) and in particular by the criminal investigations in the U.S.. This could create a situation where disadvantages will grow in international competition and the emerging, global tax war will not help Zurich`s financial center. The Banking Industry in Zurich is under increasing pressure and is struggling to reinvent itself.

The causa Elmer is therefore pursued internationally. Newspapers such as The New York Times, Spiegel, The Guardian UK, Washington Post etc, and universities such as Columbia New York, Queen's Belfast, Lancaster Southampton UK, Tax Justice Network, etc are just waiting that the judicial case causa Elmer is publicly reported and thus a further attack on the Zurich financial center can be launched. Again and again the causa Elmer is looked at internationally that Swiss Banking Secrecy is applied extra-teritorial in an imperialstic way due to the source of the data which is Julius Baer & Trust Co. Ltd., Cayman Islands (a Trust company is not a bank as the Zurich justice erroneously still believes. It is a trust company and only a sister company of Bank Julius Baer & Co. Ltd., Zurich and thus not a branch of the Zurich bank. The bank, Julius Baer Bank & Trust Co. Ltd., Cayman (JBBT) just held no longer trusts, because they were out of risk considerations, move to Julius Baer Trust Co. Ltd., Cayman (JBTC) displaced before 1994) was applied in the Cayman Islands and the Zurich judicial authority criminals has protected and promoted. WikiLeaks and the reports of the UK Guardian and the New York Times have made public criminal matters which was published in 2008 and 2009. Those facts of information will be used on the dubious clients of Julius Baer & Trust Co. Ltd., Cayman Islands as reference for the court case causa Elmer by the international media in future.

I ask you, Mr. Government Councillor Graf, that you be aware of the political dimension of causa Elmer and this matter has now in its the ninth year of criminal proceedings. The credibility of the Zurich justice is at stake .

Please be aware that the case threatens the business model of private and universal banks and family offices and independent asset managers in Switzerland. If these offshore vehicles as Trusts and Companies are linked to Swiss bank accounts, Swiss safes and other real assets controlled y Switzerland. It definitely will be use to denounce Switzerland by other Governments. These matters are now subject to the public in the Court Trial related to the causa Elmerprocess. From the Swiss, legal and natural persons who used these offshore vehicles is here again not discussed in detail. It should be noted however, that due to the police records of the causa Swiss tax authorities have issued a few fines.

Ultimately, I have three comments on the reply of Attorney lic. iur. Martin Bürgisser which I explain as examples of why I do not agree with many findings of the Supreme Public Prosecutor.

First, to my statement that there was a "shoddy indictment" before. The statement of reasons is as follows:

The Supreme Court has criticized by decision of 17 November 2011 that (Quote) "With the present acts of the evidence that it is the same data base, or that the data is a master of Julius Baer Bank & Trust Company Ltd. . , Cayman part of the data source of Julius Baer Bank & Co. Ltd., not be provided"

( Quote) " While there are indications that the accused is the author and sender of the mail in question . However, the existing evidence is not sufficient to consider the guilt of the accused as their detection."

Incorrect e- mail addresses have occurred in the indictment (on Liberté Info's webpage http://www.liberte-info.net/docs/Letter_to_judges_FINAL_wa.pdf )

Departure and arrival time of the e- mails displayed chronologically unclear or not the departure time at the crime scene (local time) and the IP address of the computer and indeed the input time were clearly stated on the receiving computer (see webpage of Liberté Info)

In the supplement to the indictment, just a list of bank accounts of the Julius Baer, New York was annexed as evidence of an alleged Swiss bank secrecy violation, not a single Swiss Bank Account ie account numbers in the original indictment of 25 June 2010 has found entrance,

Due to the decision of the Supreme Court Prosecution had to arrange follow-up investigation from 2011 to today and completed a total of 20 large folders, which is why the indictment had to be supplemented by Date December 10, 2013, and revised.

Secondly, the statement by Attorney Dr. Giger " for the sake of your family and to avoid the attention of the neighbors on prosecution " when he asked my 11 year old daughter to let him the Senior Prosecutor Susanne Leu and the Policeman Bertram Müller into the house, is simply a protective statement. These people could have discreetly waite outside the house in the car in order to prevent that my wife enters the house before them. The insinuation that my attorney may have regarding the upcoming third house search had advanced information my wife illegally is simply off another sickening protection claim. After consultation with psychologists, this approach is not the first time that the Zurich Justice has entered into a house, where only a child was home on its own. The prosecutors and the police officer took the risk of cause another trauma to my daughter, a defenseless 11 -year-old child, and that deliberately. This with the knowledge that the girl had been repeatedly harassed by the private detectives of Julius Baer. I firmly believe that the law requires to disclose a house by an order presented to an adult, an adult resident before the house search begins. Precisely for this reason, the prosecution demanded that my wife retourned immediately from work to home , which she did by the way.

Third: to Peer Steinbrück is to say that I am known as an expert in the offshore business and my expertise may make available to everyone. One would perhaps consider that my letter might have no connection to Switzerland and there are other matters I wanted to address with Peer Steinbrück. More I cannot say because of the ongoing proceedings.

I think that these comments are important to you, Mr. Councillor Graf, because they reveal that the Zurich justice in the causa Elmer does not work and could be disqualified as part of the now well-known rogue system some Swiss bankers belong to. It is your political responsibility Mr. Government Councillor Graf to prevent this or just politically to protect Zurich`s financial center against criminal bankers. The past and has been a burden for the Zurich`s banks the present and the future might continue to become a heavy burden in respect of the integrity and reputation of Zurich`s banks!

Certainly, the political responsibility for the financial center of Zurich is also with the Government of the Canon Zurich, however, the judiciary is a part of it, when it comes to the question of whether Zurich is an internationally recognized financial center or not.

Finally, I note that my documentary "The Leak in Paradise" has won the famous MIPDOC Film Festival at the Grand Hyatt in Cannes ( F) on April 6, 2014, a strong competition surprising. This documentary is almost finished and will air at least in Europe.

I note that I now see my civic duty fulfilled as a Swiss citizen with this open letter, And I remain yours sincerely,

Rudolf Elmer

1. Extract from Holy Father Pope Francis' letter of February 2014
2. Extract from EU Parliament President Martin Schulz's letter of February 4, 2014
3. Setting available to the public prosecutor's office on 24 October 2011
4. Replies of Prosecutor's Office of March 17, 2014
5. Federal Court judgment dated 7 March 2011

Sent for information to:
Justice Minister Simonetta Sommaruga (with attachments)
Foreign Minister Didier Burkhalter (with attachments)
Chief Justice Peter Marti (with attachments, letter to the court archives)
Supreme Public Prosecutor Martin Bürgisser (without attachments)
Chief prosecutor Peter Pellegrini (without attachments)
Attorney Dr. Peter C. Giger (without attachments)
Lawyer Ganden Tethong Blattner (with attachments)
Lawyer Daniel Vischer (with attachments)
Lawyer Margrit Kiener Nellen - (with attachments)
Cantonal and lawyer Mark Bishop (with attachments)
Ombudsman of the Canton of Zurich (with attachments)