Document:Rudolf Elmer files against Swiss banking secrecy at ECHR

 legal document  by Rudolf Elmer  to The European Court for Human Rights dated 2008-05-14

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Subjects: Banking/Corruption
Source: Wikileaks (Link)

Translated from German by Daniel Schmitt
Rudolf Elmer, situated in the tiny Island offshore banking haven of Mauritius, was unable to source a lawyer willing to take on Swiss banking secrecy and its wide-ranging implications as a European matter before the ECHR and has thus written the complaint himself. While eventually not being formally perfect, the letter most clearly describes the problem surrounding the Swiss banking secrecy law, secret legal proceedings and witness protection legislation. The letter, its attachments and the translation below are published on WikiLeaks for public review and a more detailed understanding of Swiss banking procedures. The letter has been translated to the best of the translator's knowledge, yet lacking any specialized background in legal translation it can not be perfect. Any misleading translation mistakes should be submitted to the discussion page. The German document remains authoritative.

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EUROPEAN COURT OF HUMAN RIGHTS

COUNCIL OF EUROPE, STRASBOURG, FRANCE

APPLICATION

under Article 34 of the European Convention on Human Rights and Rules 45 and 47 of the Rules of the Court

Important: This application is a formal legal document and may affect your rights and obligations

THE PARTIES

APPLICANTS

THE FIRST APPLICANT

1.Surname:     Elmer (Daughter)
2.First name:  Helena Charlotte Anna
3.Sex: female
4.Nationality: German / Swiss
5.Profession:  N/A 
6.Date and place of birth:     XXXXXXXXXX, in Grand Cayman, Cayman Islands
7.Permanent address:   XXXXXXXXXX
8.Tel No:      + xxx xxx xx xx (home)

THE SECOND APPLICANT

1.Surname:     Heckel Elmer (Wife/Mother)
2.First name:  Adelheid Mechtild
3.Sex: female
4.Nationality: German / Swiss 
5.4. Profession:       Secretary, Dipl. Physical Therapist
6.Date and place of birth:     XXXXXXXXXXX in Augsburg, Germany
7.Permanent address:   XXXXXXXXXX
8.Tel No:      + xxx xxx xx xx (home)

THE THIRD APPLICANT

1.Surname:     Elmer (Husband/Father)
2.First name:  Rudolf Matthias
3.Sex: male
4.Nationality: Swiss
5.Profession:  Certified Public Accountant
6.Date and place of birth      XXXXXXXXXX, in Zurich, Switzerland
7.Permanent address:   XXXXXXXXXX
8.Tel No:      + xxx xxx xx xx (home)

THE HIGH CONTRACTING PARTY

(Fill in the name of the States against which the applicant is directed)

Switzerland and Canton Zurich

STATEMENTS OF THE FACTS

Central basis for the following description of human rights violations is the Swiss banking secrecy, Art. 47 of Swiss banking law with secret legal proceedings. With this law, Switzerland violates Article 1 of the convention.

Laws are created when many decisions are subsumed in a way it can be called a norm, to not bother courts permanently. The cause for the strict Swiss banking secrecy are not normal bank files and banking-related decisions for a normal trade-secret, but the protection of „white-collar“ criminal offense of customers and employees of the bank, aiding and abetting to those crimes within the bank, all under the hood of a the banking secrecy. With these criminal offenses immense profits are derived.

Normally one can proceed against criminal offenses in a constitutional state. But this would require the complete disclosure of circumstances, data and banking documents and would result in a violation of Swiss banking secrecy.

To be perfectly sure that there is not violation of this trade-secret, severe punishment impends. In Article 47, 3 lies the special banking secrecy. Here additional cantonal legal proceedings for witnesses have been implemented, that naturally – as being carried out lawfully in secret – are not verifiable and are solely in the discretion of the [local] authorities.

Any secrecy of lawful proceedings significantly threatens and violates Art. 6 of the Human Rights Convention, the right to a fair process and therefore human rights and the constitutional state.

Our complaint is therefore not directed towards highest and final authority judgments, but towards Art. 47 and the according to Art 47,3 included legal procedure of Zurich criminal code towards interrogation of attestors and treatment of the defendant. Criminal code §17, §19, and §131ff. Under these circumstances there is no fair process.

Due to the evidence in form of described circumstances (hitherto rulings, procrastination, excessive confiscation of data etc) this becomes clear. The „most secure banking secrecy in the world“ in my case therefore is a law being used to abuse procedures of a constitutional state.

With Art. 47, of the banking law – the famous Swiss banking secrecy – and the proceedings created under its hood for confederate and cantonal criminal code (StPO) §17, §19, and §131 ff., any fair process was and is lawfully anticipated, which presents the threat itself.

So if I want to protect myself and my family against in the following described threats, against wrong accusations, imprisonment and searches of my home by giving evidence and files from the bank in relation to their claims against me, I am violating the banking secrecy and am subject to secret lawful proceedings as to incomprehensible, untraceable judgments. An exemption from the banking law is in practice only given in very strong cases like weapon or drug dealing and some money laundry cases.

It therefore also is impossible to proceed against Bank Julius Baer of the proceedings of the Zurich prosecutor. They act lawfully as do the judges, what Swiss legal advisers have confirmed.

As the secret proceedings around the banking secrecy are implemented as laws, political and time-consuming action is needed for clarification, that exceed the means and time of a single person.

The instances [one has to have passed] normally mandatory for filing with the [European] commission can hence and as of impending threat for the family not be fulfilled. We are therefore directly reaching out to the European Court for Human Rights, as the time factor has become essential and the threat level has risen.

The threat of criminal offense

The Swiss banking secrecy contains specialties, through which arbitrariness is preprogrammed, on one hand to imprison, was in my case, and conviction of innocent, on the other hand for the protection of real criminals, if they were or are customers of the bank or their abettors within the bank.

In this context the Swiss banking secrecy has to be examined:

Banking law code of criminal procedure Art. 47 1)

„Who discloses a secret, that he has been entrusted with him in his capacity of an organ, employee, assignee, liquidator, or commissar of a bank, 
observer for the banking commission, organ or employee of an accredited auditing agency, or that he has perceived in said capacity, who seduces 
to violation of professional secret, will be punished with up to 6 months of imprisonment or fined up to 50.000 francs.“

What is being protected here?

„A secret“ within the banks. Crimes are not excluded as within a trial over a felony files – bank files would have to be disclosed. As this is unlawful according to Art. 47,1, disclosure of a offenses, as in my case i.e. fraud, forgery of documents and false certification, are being treated as abetment under the Swiss banking law. These offenses are no severe crimes like drug dealing and money laundering and therefore they are protected by the bank secrecy in the same way as tax-evasion and partly -fraud.

An information exchange with other states is in case of such criminal misfeasance prevented by the bank law.

Hence, if write offs of a bank in Switzerland, that underlies the Swiss banking secret, are really only of normal business loss, as being propagated throughout the current banking crisis, or personal or bank-internal enrichment via criminal offenses, stays a Swiss banking secret in a double sense of the word: When I disclosed information related to alleged offenses within the bank to the tax authorities, I was imprisoned to everyones surprise, even though the authorities engaged into criminal and summary proceedings against third parties based on the disclosed information.

• Evidence 05 Protocol of investigation, police Canton Zurich, 31.05.2007

Who is protected by Article 47?

Basically criminal offenses, but to each offense there is an offender. Anyone that by Article 47,1 is part of a precisely demarcated group of people, involved into into criminal offenses via banking files and through consultation of customers, can become an accessory and aid and abet – in whatever genre, relating to money laundry from crimes like human, weapon- or drug-trafficking, tax-evasion or -fraud or other criminal actions, as the commercial background of the money is not necessarily known. Depending on ones position in a bank, there might exist a certain set of problems or threats in that respect.

This is also explained in the documentation of UN – Commissar Prof. Jean Ziegler „Switzerland washes whiter. The financial turntable of the international crime“

As the former Chief Operating Officer of bank-house Julius Baer Bank & Trust Co Ltd, Cayman Islands, with head office of the Baer group in Zurich, I was part of this group of people.

Alone my knowledge over criminal conduct lead and leads to threats, intimidation and retaliation techniques, in order to silence me – ultimately as this pertains to large amounts of money, the reputation and existence of the Julius Baer group, any other existing Swiss bank and therefore the main income of Switzerland.

Threat for life and limb

The following circumstances are reasons and motives for the immense danger my family and I are subjected to.

Homicides

Cayman Islands, February 2008, Frederic Bise, a Swiss banker from Lausanne has been murdered. The case until today is unresolved. Julius Baer Trust Company, Cayman Islands, is involved into the Salinas case (former Mexican president). This story in part relates to the asset manager of Raul Salinas, Curtis Lowell jun., supervisory board of Julius Baer Trust Company, Cayman Islands and also representative for Julius Baer in Mexico City until the whole story got disclosed in 1995. The Swiss criminal prosecution is engaged in a criminal proceeding against Curtis Lowell jun. since 1995, in respect to money laundry, drug dealing, embezzlement and other crimes (in detail: BGE 133 IV 235). Raul Salinas brother was killed in 2004 and the Salinas funds of around $130.000.000 remain frozen in Switzerland as of a 2006 ruling. The case is not resolved yet, Mexico and Cayman are still investigating, but it is known that witnesses in this case have been threatened and also eliminated (information from the Swiss inquisitor in this case).

• Evidence 01 Consultation to the appeal of 13.04.2006, no data theft, not responsibility of Switzerland as per prosecutor A. Bergmann
• Evidence 02 Murder of Frederic Bise, Swiss Banker, 13.02.2008
• Evidence 03 133,IV.235 Excerpt from the ruling of the court of cassation, Swiss Federal Prosecutor against X, Y and Z (nullity complaint), File number 6S528/2006 of 11th of June 2007 (Salinas – Curtis Lowell jun.)
• Evidence 04 Confirmation of worktime of Rudolf Elmer by Bank Julius Baer, 06.06.2006

False certification

False certification of Bank Julius Baer and Trust Company in local management protocols, that Buy/Sales decisions for the concern investment portfolio, book-entry-wise run as a shadow accounting in the Caymans, had been taken by local management, which I had not been able to notify without breaking a law. But it is fact that Zurich took the decisions and Buy/Sales orders were communicated via e-mail with time-loss due to different timezones ex post and later on affirmed by management protocols, to move the decision taking for tax reasons to the Caymans.

• Evidence 27 Minutes of Meeting: Julius Baer, Cayman, 13.01.2000, RE: “Decision of Management”

False certification is an unlawful conduct under Swiss Criminal Code Art. 251. Die According to Swiss Criminal Code I could notify that offense, but per banking secrecy I have to agonize. Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art. 149), as it has in this case been knowingly fulfilled.

Forgery of documents and backdating of agreements

The belated modification of documents as well as backdating fulfill the corpus delicti for document forgery and would be notifiable.

Document forgery The result of the polygraph test was used for the employment termination, even though the standard template of the American Polygraph Association (APA) explicitly denies this action. This was not according to moral and ethical standards the American polygraphing expert is subject to as a member of the APA, nor appropriate in respect to any employment- and civil-law of a constitutional state.

• Evidence 29 Consent Form Polygraph Test, 21.11.2002

Document forgery is an unlawful conduct according to Swiss Criminal Code Article 251. According to Swiss criminal law I could testify against this crime, but due to Swiss banking secrecy and Cayman confidentiality law I have to agonize, or I could lose my job. Which in fact I have, as based on a partial polygraph test my employment has been terminated. I would have had to disclose secret banking information to engage into a lawsuit against this, to explain motives and bring up evidence (Tax evasion etc) for the termination. It also has to be regarded that Julius Baer, Cayman is directly responsible to the Zurich holding Julius Baer Holding AG and therefore, according to law, the Holding would have to take responsibility for the acts of the subsidiary company. The supervisory board of Julius Baer Holding AG, Zurich, also ultimately holds the responsibility for the business conduct of Julius Baer group and the group's enterprises.

Backdating of imprisonment justification My application for release has been rejected by the custodial judge. This was justified based on the testimony of my alleged wife. He seemed to have remarked this mistake and re-dated a new rejection containing a new justification. The backdating fulfills the corpus delicti of false certification as I have only days later received the correct document.

• Evidence 19 Stipulation district court Zurich to Rudolf Elmer, 11.10.2005; Stipulation in respect to application for release (imprisonment on remand: false wife Ranitha Kumaarasamy, false claims)
• Evidence 18 Backdated stipulation of district court Zurich to Rudolf Elmer, 11.10.2005, RE: stipulation to application for release (repeated rejection, different argumentation)

Evasion of social security premiums

The Swiss banking law Art. 47 of banking law, does not allow violations against the social security system to be notified without breaking the banking law. These CHF28.000 present the precaution insurance security for me and my family from 1st of January 2002 until 30th of September 2002 and according to current law can not be handed down from employer to employee. This also is the reason why the bank has immediately fulfilled this payment after my appeal to the authorities. The statute of limitation would have been over end of 2007.

• Evidence 08 Legal notice of denial in relation to evasion of social security payments, 30.10.2007
• Evidence 31 Employment with Julius Baer to Rudolf Elmer, 16.09.2002, Repercussive agreement on precaution responsibility, Point 3
• Evidence 26 Letter compensation office for Swiss banking industry to Rudolf Elmer, 3.8.2007, supplementary compensation ruling

This in my eyes is incitement to fraud and also presents fraud on the Swiss social security authority and therefore an unlawful action according to Swiss criminal code Art. 148. Would I be engaging on this in a lawsuit, I would have to disclose data subjected to banking secrecy to reveal the motive for the action and would be punished according to Art. 47, the banking law.

Malicious damnification of financial property of the United States of America

Swisspartners Insurance Company Mr Jud Ireland, Telluride, Colardo: P.W.C. Goulden (CEO of Julius Baer Trust Company, Cayman Islands) acknowledges in his memo that Mr. Jud Ireland (customer) tries to defraud American tax and P.W.C. gives hints on how this can be achieved.

• Evidence 22 Memorandum Julius Baer, Swisspartners, Mr Jud Irland, 11.07.1997

The advice to malicious financial damnification of the USA in this case is punishable according to Swiss criminal code Art. 149. This is not only about advising but also aiding and abetment by Julius Baer Bank and Trust Ltd, Cayman Islands, that defraud the USA. I had to agonize this. Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art. 149), as it has in this case been knowingly fulfilled.

Jonathan Charles Lampitt Ceasar Trust. In an internal memo to Jonathan George Charles Lampitt, a US beneficiary, it was noted that the trust “should be treated for U.S. tax purposes only as owned by another person“. This is a clear indication in regard to the payments in the same memo, that Julius Baer offered aid and abet and accordingly instructed the fraud. Additionally Julius Baer also created according documentation. The necessary documents have been produced by Julius Baer Bank and Trust Ltd, Cayman Islands, to make the circumstances accordingly clear.

• Evidence 30 Memorandum Caesar Trust Jonathan Lampitt „Trust should be treated for US tax purposes as owned by another person“

The instruction to malicious financial harm of the USA in this case is punishable according to Swiss criminal code Art. 149. This is not only about advising but also aiding and abetment by Julius Baer Bank and Trust Ltd, Cayman Islands, that defraud the USA. I had to agonize this. Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art. 149), as it has in this case been knowingly fulfilled.

Winston Layne Settlement. The memorandum makes perfectly clear that Winston Layne owns a trust that is to be hidden from US tax authorities. Julius Baer, Cayman as well as the Swiss Supervisory Board have been aware of this criminal offense.

• Evidence 23 Memorandum Winston Layne Settlement „US property could lead to the Trust and the ownership“, 27.01.1999“

The advice to malicious financial damnification of the USA in this case is punishable according to Swiss criminal code Art. 149. This is not only about advising but also aiding and abetment by Julius Baer Bank and Trust Ltd, Cayman Islands, that defraud the USA. I had to agonize this. Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art. 149), as it has in this case been knowingly fulfilled.

Malicious harm of Swiss respectively German tax

Juerg Grossmanns G-Trust. Mr. Juerg Grossmann, owner of the commercial superstructure Gattikon in the Canton Zurich uses his G-Trust and its subsidiaries Lapstrade Ltd and Massaya Ltd, to finance his projects in Switzerland, Germany and Mallorca, free himself of taxes and pay tax-exempt monthly „salaries“, payments from the trust to his personal accounts with Julius Baer, Zurich and Volksbank in Thalwill.

• Evidence 38 Documents revealing the money-flows and commercial conduct of Mr. Juerg Grossmann.

Also see: Wikileaks: „J. Grossmann revised“. He had the trust in its full entirety to his disposal, which is why this makes it a so-called „Sham-trust“, meaning the trust legally never existed, with the consequence that the whole asset including both subsidiary companies would have to be accounted to him in full, thus being subject to Swiss and German tax authority. Julius Baer Bank and Trust Ltd, Cayman is responsible as so-called trust expert. Lack of knowledge cannot be claimed as Julius Baer Bank and Trust Ltd, Cayman is a well-known trust expert and also the Swiss supervisory board members of the Cayman units knew about everything about these transactions. Julius Baer Bank and Trust Ltd, Cayman Islands therefore has acted unlawful in respect to aiding and abetting, Art. 149. in maliciously harming the Swiss state.

I have been forced into aiding and abetting, as the Swiss banking secrecy law and the Confidentiality Law of Cayman did not permit to notify these circumstances. Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art. 149), as it has in this case been knowingly fulfilled.

Duty of disclosure/Possibilities for complaint towards inland and foreign tax authorities

It is only allowed to „charter sub-poena and duty of disclosure towards an authority“ based on „confederate and cantonal regulations“. The attached letter by Maples & Calder, Cayman, affirms that I was barred from voicing my opinion, that is complaining about tax defraud, or also the polygraphing test etc. I would have had to disclose secret client data to show the motives and which would have been pursued as disclosure is a violation according to Art. 47 of Swiss banking law.

• Evidence 32 Maples and Calder, Cayman „ongoing obligations of confidentiality and you may also be committing a criminal offense“, 09.05.2003

The interpellations in the cantonal council Zurich and the national council of Switzerland as a reaction to the first whistle-blower letter on Wikileaks affirm that the Swiss tax system holds massive loopholes.

• Evidence 09 Interpellation National Council by SP Fraction (M. Kiener Nellen) Spring 2008
• Evidence 10 Demand (KR- NR /2008) to the Cantonal Council by SP Waedenswil, Julia Gerber Rüegg and Grüne, Oberreiden, Ralf Margreiter, Spring 2008
• Evidence: CD with customer data, methods and accounts of Julius Baer, Cayman, Zurich and New York, and further diverse Julius Baer group subsidiaries, that contains further evidence.

Coercion via stalking

Bank Julius Baer has engaged German and Swiss private investigators to raise the pressure on my family. My daughter and I both needed professional help to cope with this. Coercion via stalking is a criminal action in Switzerland according to federal ruling BGE 129,IV,262 from 2003 but my complaint of June 2005 got procrastinated and finally rejected on March 13th 2007 by the prosecutor of Zurich-Sihl. See evidence 40.

• Evidence 07 Legal notice of denial in relation to threatening/stalking, 11.12.2007
• Evidence 33 Letter re Observation/Stalking by so-called „Private Investigators“ from April 2004 to Nov 2005 in Freienbach signed by witnesses.
• Evidence 35 Swiss federal ruling of 2003, qualifying stalking as coercion (129,IV,262) 26.08.2003
• Evidence 40 Prosecutor of [Canton] Schwyz acknowledges on 17. January 2007 that the complaint had been submitted via police rapport to police command Zurich on 30th of June 2005.

Procrastination

As the complaint from June 2005 did not get resolved, the complaints from 13th of March 2007 procrastinated and now even the appeal seems to be delayed by the cantonal high court in Zurich, even though the appeal had been filed on 3rd of January 2008, one has to think this is due to manipulation. I have admonished the cantonal high court twice but keep being put off. It seems that matters are again delayed in the canton Zurich.

• Evidence 37 Email cantonal ombudsman Zurich, 16.04.2008 acknowledges that both appeals have arrived at the court the 3rd and 8th of January 2008.

Coercion via stalking

Above ruling says, that based on Art 181 of Criminal Code that „Coercion via stalking (compulsive pursuit of a person), is a crime, namely when the offender follows the victim in many cases or over a longer period of time“, confining the freedom of action of the victim with time every single harassment, resulting in this being an unlawful restriction of freedom of action and therefore completed coercion.

• Evidence 35 Swiss federal ruling of 2003, qualifying stalking as coercion (129,IV,262) 26.08.2003

To stop this coercion I would have had to disclose secret customer data and processes to the police, to show the motive and thereby would have violated Art. 47 of the banking secrecy law. If I had done so, neither my daughter nor me would have been protected by the Swiss witness protection program.

The bank has received a copy from CASH [magazine] that had anonymously been submitted to CASH but refuses to hand it over to the police and thereby disclose the information until this day.

• Evidence 39 According to excerpt of an order by cantonal police Zurich of May 31st 207 the bank refuses to hand over the CD it had obtained from CASH.

The antimony of general criminal code and Art. 47, the banking secret, is most evident:

If I do not aid and abet to fraud within the bank, I am punished according to Art 47.; in case I aid an abet the fraud I am threatened by other articles of the criminal code – in any case I can be punished. There is no way out.

Art. 47 is the threat and coercion to conducting a crime itself.

Therefore we are asking for immediate protection for our family and an urgent treatment of this case. Since my imprisonment the handling of my proceedings are being delayed and my family lives in uncertainty due to repetitively being threatened.

Relationship customers – bank – employees

In effect that under the pressure of critical customers and their businesses, the bank is raising pressure to the employees: when I realized the danger and was no longer willing to subject me and my family to it, I have been put under such mental pressure (mobbing) that I got sick.

• Evidence 36: Medical attest Dr. med. Felix Haefner (family doctor) to „To whom it may concern“, 18.2.2003, Medical History of Rudolf Elmer

In response to this the bank terminated my employment on forward fed grounds. I wanted to struggle against this dismissal. But head of human resources of the group Julius Baer Holding AG, Zurich, Dr. Georg Schmid, threatened analogously: „... should I take legal action, I would be worn down“.

• Evidence 11 My affidavit, witness Christoph Hiestand, jurist of Bank Julius Baer Holding AG, Zurich, of 18. April 2008
• Evidence 21 Campbell, Attorney-at-Laws Description of circumstances, 27.02.2003

I was offered CHF 500.000,00 in the beginning that would have been paid over 60 months with a reward in the end, which I did not take as this amount of money would not have redeemed the threat still persistent for my family. Only a new identity with all attendant cost could have saved me and my family against this threat.

• Evidence 12 File notice lawyer Ganden Tethong Blattner „Hush-money“ in the beginning CHF 500’000, then 400'000, 27.06.2006; no extortion, as initiated by the bank.

Secret proceedings anticipate a fair process

Should I then take legal action against the employment termination and disclose the bank files thereto, I violate the banking secret, Art. 47, and not only are serious punishments pending. In Art. 47 – that I would violate, it is further written:

3) „Charter of sub poena and duty of disclosure towards an authority are reserved to be federal and cantonal regulations.“

the federal and cantonal regulations are proceedings for general witness protection, composed more broadly then the Codive di procedure civile ticinese of canton Tessin 3.3.2.1. Art. 185ff. - Witness protection for representatives of banks and endeavors with lawfully secret envelopes/secret questionings for/with judge and prosecutor. This type of witness protection anticipates a fair process in many Swiss cantons.

Art. 47 – the banking secret violates the principle of a fair process in the canton of Tessin as well as Zurich.

• Evidence: EGMR # 25940/04 (not included)

The European Court of Human Rights has manifoldly condemned Switzerland for this (see below). Apparent is that Switzerland can claim 8 convictions out of 14 proceedings for itself, a sign, that these are not individual cases but there rather is a system behind this.

The legally anchored secret proceeding for the banking secret – as of Zurich criminal code (StPO), §131a.

1) To the protection of the questioned or third parties appropriate steps have to be taken, if a considerable or serious danger is credent. In special can:
  1. the public be excluded
  2. personal information be treated confidential
  3. the direct confrontation of the questioned person with the defendant and third parties be prevented
  4. the appearance and voice of the attestant be distorted via technical means.

With this lawful procedure confidentiality for questioning is foreseen, the legal witness protection.

This one is not restricted though to children or other people as in constitutional states like Germany, and it is not being restricted to representatives of banks and companies, as in Tessin.

This witness protection, with the constraint - „a considerable or serious danger [being] credent“ - opens the floodgates for arbitrariness and does not allow for a fair process according to Art. 6 of the Human Rights Convention.

Who decides on what is a considerable and serious danger?

The bank, that therefore has created the Swiss banking secret via Art. 47.

So the bank already perceives a considerable and serious threat in Art. 47 potentially being violated and can therefore classify it as considerable and serious threat with the prosecutor.

The violation of trade/bank secret and therefore the secret witness protection are being addressed quite high, as this pertains to insurmountable amounts and profits – not as in crimes towards children, confessional secrets, legal privilege or professional secrets. As can be seen in current discussions on it, the church regards the banking secrecy as immoral, the German publicist Angelika Fritz regards it as „Swiss Swindle“ and „Coercion of Swiss citizens to aid and abet crimes“, and Swiss UN commissar Jean Ziegler learns of the consequences in his own way after publishing his book „Switzerland washes whiter“.

The Canton Zurich criminal code Strafprozessordnung (StPO) § 131 continues:

2) „The proceedings have to be proportional and impendence being impossible to avert differently.“.

Such a legal phrasing allows any kind of interpretation of what is „proportional“ and impending“.

As I did not take the CHF 500.000,00 in hush-money, the bank perceived this as a threat. Naturally „white-collar“ crimes are still meant to be secret within the bank.

In contrast to normal trade secrets, in whose context crime can be investigated, this is not the case for the trade secret being the Swiss banking secret. Human resources head of Julius Baer Holding AG, Dr. Georg Schmid and jurists of the bank house Julius Baer perfectly know the possible interpretations of Art. §131 and threatened „... should I take legal action, I would be worn down“.

• Evidence 11 My affidavit, witness Christoph Hiestand, jurist of Bank Julius Baer Holding AG, Zurich, of 18. April 2008

The bank made exactly this come true: as had been promised by Dr. Georg Schmid (Head Human Resources Julius Baer Holding AG, Zurich) I was „worn out“, as I took legal action and filed a notice with the tax authorities.

• Evidence 11 My affidavit, witness Christoph Hiestand, jurist of Bank Julius Baer Holding AG, Zurich, of 18. April 2008

This corpus delicti had already been regarded as violation of the banking secret (Art. 47, 1 and 3) by the bank and as „impending“ and „impossible to advert differently“ (StPO §131, 1 and 2) by cantonal law enforcement agencies and was immediately punished with a search of my home and imprisonment for 30 days.

• Evidence 20 Search warrant based on threatening etc, signed 7th of September 2007 by investigating prosecutor Bergmann, not an independent judge.
• Evidence 06 Application for release from custody with according release justification of lawyer Ganden Tethong Blattner, 06.10.2005
• Evidence 19 Stipulation district court Zurich to Rudolf Elmer, 11.10.2005; Stipulation in respect to application for release (imprisonment on remand: false wife Ranitha Kumaarasamy, false claims)
• Evidence 18 Backdated stipulation of district court Zurich to Rudolf Elmer, 11.10.2005, RE: stipulation to application for release (repeated rejection, different argumentation)
• Evidence 17 Excerpt from marriage register of Elm, canton Glarus, Vol. 1995, Page 45, Nr. 4, 15.09.1995; Certificate of marriage Elmer, Rudolf Matthias and Heckel, Mechthild Adelheid

And this even though said prosecutor claims that neither canton Zurich nor respectively the Swiss judiciary in general is responsible in the following evidence provided.

• Evidence 01 Consultation to the appeal of 13.04.2006, no data theft, not responsibility of Switzerland as per prosecutor A. Bergmann

This secret witness questioning is being acknowledged – according to StPO §131 also with the denial of release from custody, which led to me staying imprisoned for 30 days. According to Evidence 01 there was no reason for imprisonment.

• Evidence 19 Stipulation district court Zurich to Rudolf Elmer, 11.10.2005; Stipulation in respect to application for release (imprisonment on remand: false wife Ranitha Kumaarasamy, false claims)

Representation by a lawyer and access to records only under constraints

During the first interrogation I was denied a lawyer by rights, as well as I was denied to attract one myself.

According to cantonal Zurich criminal code (StPO) § 17, Art. 1

§ 17. 1 During an investigation the defendant and his advocate are to be given access to records as much and as soon as this does not lead to endangerment 
of the purpose of the investigation [...]

Access to records therefore only is limited and allowed only without „endangerment of the purpose of the investigation.

§17, 2 The investigating officer has to give the advocate an opportunity to attend the interrogations of the defendant if the defendant requests it and 
the purpose of the investigation is thereby not endangered. Lawyers acknowledged by the canton always have to be permitted to interrogations, as soon as 
the defendant has made a first exhaustive statement or is being held in custody for 14 days. [...] The in the interrogation participating lawyer is given
subsequent opportunity to question the defendant in respect to clarify the case.“

Meaning I can only consult a lawyer under three conditions, if the „purpose of the investigation“ is not endangered, I have made a „first exhaustive statement“ or I have been „held in custody for 14 days“.

Only after an initial exhaustive statement – without attendance of a lawyer – I am given opportunity to talk to my lawyer.

This contradicts any [idea of a] constitutional state. Hence all statements made in an initial exhaustive statement are futile.

• Evidence 16 First questioning by prosecutor Bergmann without presence of a lawyer, 28.09.2005

Judges as well as prosecutors can only enact existing law. And that's exactly what they did. Therefore I can not go to court in Switzerland and have turned towards an international court.

Cantonal Zurich criminal code (StPO) § 18.3.3, and 19.3.3 further specify

§18.3 3 The custodial judge ultimately decides over adjournments in quick written proceedings.
§19.3 3 In case of existence of special reasons personal information on the victim will not be disclosed to the defendant, as long 
as this does not harm the overall interests of criminal prosecution.

Hence all lawsuits in regard to banks comprise secret procedural elements, and are rendered arbitrary and uncontrollable for outsiders and defendants.

Onus of proof in secret proceedings

Simply the fact that a state has secret judicial proceedings available, already questions that state. In how much the lawfully secret proceedings are being employed, can only be answered by the one employing them. This leads to the onus of proof needing to be placed with the prosecutor, not one against which it is applied.

Abuse of legal instruments

As crimes within the bank can be proven by the data on the CD that I possess while the jurisdiction lies on the Cayman Islands, I have still been subjected to a search of my home and imprisonment for 30 days in Switzerland, which proves the abuse of legal instruments for intimidation. Part of this is the rejection of a release request and the following imprisonment for the full 30 days.

• Evidence 01 Consultation to the appeal of 13.04.2006, no data theft, not responsibility of Switzerland as per prosecutor A. Bergmann

Art. 47 of the Swiss banking law has been abused for intimidation by actions like imprisonment and search of a home. The disclosure of evidence, documents and files from the bank

1. for confirmation of my innocence on one hand and
2. for confirmation of the crimes committed by the bank

was at least partly thwarted with confiscations at my home and at my mother's place. Exactly this had been the purpose of the action: keeping crimes committed within the bank secret.

• Evidence 25 Protocol of search of home, 27.9.2005; list of confiscated items - confiscation of evidence

Procrastination

Since the imprisonment and according accusations (September 2005) the Swiss proceedings against me have neither been opened nor closed.

• Evidence no formal complaint until today
• Evidence 25 Protocol of search of home, 27.9.2005; list of confiscated items - confiscation of evidence
• Evidence 07 Legal notice of denial in relation to threatening/stalking, 11.12.2007
• Evidence 08 Legal notice of denial in relation to evasion of social security payments, 30.10.2007
• Evidence 37 Email cantonal ombudsman Zurich, 16.04.2008 acknowledges that both appeals have arrived at the court the 3rd and 8th of January 2008.

Procrastination in part also is used for lapse of time of the abuse of regulatory proceedings (unlawful search of my home, imprisonment) and of those of the bank against me (threatening, stalking) as well as lapse of time in respect to bank internal crimes (as data cannot be used for prosecution).

Massive damnification of family and private life due to coercion and stalking

The private and family life (Article 8, 1 of the [EU Human Rights] convention) has been seriously impacted. Not only we ourselves felt strongly harassed over a time-frame of 3 years. Also our neighbors became alienated. Our daughter and I needed mental care and she herself wanted rather to die than continue to live. Our effort to bring the stalkers in front of a court since June 2005 had been rejected by the prosecutor.

• Evidence 33 Letter re Observation/Stalking by so-called „Private Investigators“ from April 2004 to Nov 2005 in Freienbach signed by witnesses.
• Evidence 13 Letter B. Trotter, Psychologist lic. phil to Family Elmer, 22.08.2006; Final statement related to treatment of Helena Elmer.
• Evidence 14 Drawing Helena, my daughter, of spring 2005 with letter to prosecutor Bergmann, 13.03.2007
• Evidence 07 Legal notice of denial in relation to threatening/stalking, 11.12.2007
• List of actions against my family

In particular the right of our at that time 6-year old daughter on freedom and security has seriously been restricted and she could not experience a normal life in the home town of her family; she felt pursued even on her daily way to Kindergarden.

Inhumane and degrading treatment of a human

According to Dr. med Carole Kherfouche, mental service of the detention facilities canton Zurich I was 100% incapacitated during my imprisonment. Despite of this diagnosis I was kept as any other prisoner. I was not examined and the conditions of my imprisonment did not meet those of a person with health issues. During the first night not even the light in my cell was switched off (intended intimidation/torture technique)

• Evidence 15 Dr. med. Carole Kherfouche, prison doctor and detention service canton Zurich to Basler Insurance Group, 3.1.2006; medical certificate UVG, Rudolf Elmer

The approach of executives of Julius Baer Holding AG, Zurich and Julius Baer, New York during my polygraphing test, that had been acknowledged by Julius Baer Holding AG, Zurich as the group-responsible entity: If the bank had not rewritten me to a local employment contract just two months before the test, I could have taken legal action with the prosecutor in Zurich respectively in Switzerland. The modus operandi was just so dissembling that I lost Swiss and lawful employee protection.

• Evidence 21 Campbell, Attorney-at-Laws; Description of circumstances, 27.02.2003

Six Weeks before my spinal surgery (January 2003) I have been necessitated by executives of the bank to conduct the polygraph test (November, 22nd 2002). I could not sit still for 20 minutes then (required were around 2 hours). I have alluded to my situation multiple times; I have given witness of my medication, that did not resolve the pain despite taking the highest dosation and was called simulant by the polygraph examiner, who was no doctor.

• Evidence 34 Termination of employment letter by the Bank Julius Baer on the grounds of me trying to fight the polygraph test, 10.12.2002
• Evidence 36 Medical attest Dr. med. Felix Haefner (family doctor) to „To whom it may concern“, 18.2.2003, Medical History of Rudolf Elmer

Expropriation of files as of lack of legal basis

My belongings were not protected. On 27th of September 2005 the police confiscated files, computer and data carriers during the search of my home during the search of my home, that would have been important for me in order to defend myself or charge the bank.

• Evidence 25 Protocol of search of home, 27.9.2005; list of confiscated items - confiscation of evidence

This data is important to me (and partly irrelevant for any police investigation) as I could base my reasoning against the bank respectively APA and also my defense against accusations on them.

My daughter, wife and I are thus discriminated as also detailed data on the stalking (time-lines, information on when and where) was part of those files.

Conclusions

Secret proceedings - no individual cases

Switzerland has already been convicted multiple times as there always were secret legal proceedings that prevent the axiom of fairness, publicity and independence of the court in criminal and civil proceedings and therefore any sort of effective defense.

This also contradicts the Swiss federal constitution (Peter Saladin, The constitutional principle of fairness: conservation and deployment of law in the legislation of the Swiss federal court, Basel, 1975, p. 41ff, new federal constitution BBI 1997,I,181ff)

The guarantees of Art. 6 European Human Rights Convention are valid especially in cases in which the significance of a criminal charge ("any criminal charge") like I am subjected to as a defendant, needs to be decided upon.

Hereby the definition of the criminal charge has to be regarded autonomously, it fully depends on if the criminal charge against me is part of the criminal code of the accuser. Significant is only the purpose of the agreement of Art. 6 EHMC, not the formal relationship (ruling Engel c/NL, GH 22 Num.82; Minelli c/CH 62, 14 Numb. 26ff).

For the clarification if the guarantees of proceedings have been met the whole proceeding has to be regarded (rulings Pretto and others c/I GH 71 Num. 27; Ekabatani c/S GH 134 Num. 28).

Indeed the line of argument is in primarily business of the national court of Switzerland, but the European commission and court both state being responsible for the validation if a proceeding in its whole, including the manner in which incriminating and exonerating material has been presented, has been fair (rulings Achtari c/CH VPB 1995 Nr. 131; Oezene c/CH VPB 1992 Nr. 52; Maino c/CH VPB 1998, Nr. 96).

So the commission administrated in case of Baragiola c/CH DR 76,76, who reprehended violation of Art. 6 EHRC inter alia by stating that the Tessin trial jury based its conviction on claims made by accomplices that had promised mitigation of punishment in Italy and usage of such claims could establish doubts on the credibility of the fairness in such a proceeding.

The commission has always criticized anonymous witnesses that cannot be questioned by the defendant during the whole proceedings, as they made use of their right to deny attestation.

• Windisch c/CH GH 186
• Kostovski c/CH, GH 166
• Feldbrugge c/D GH 99,
• Brandstetter c/A GH 211,
• Nideroest- Huber c/CH Rec 1997, 101 Nr. 23,
• Ankerl c/CH Rec 1996, 1553 Nr. 38

and also in regard to the principle of equal terms and concession of special rights to the prosecutor:

• Unterpertinger c/A GH 110 Ziff.28 ff,
• Luedi c/CH GH 238

In this respect the court also admonished the lack of access to records and the positive obligation of the court to deliver relevant files to a party, even if this party has not explicitly asked for this access.

• Kerojaervi c/SF, GH 322, Nr. 42ff

Of a total of 17 performed cases Switzerland alone has been involved into 10 of these, a regularity and accumulation that clearly are not based on false decisions of individual judges, but actually reflect the legal state.

Abuse of the right to free expression of opinion

The banks have abused their right to free expression of opinion in the media, with all consequences that bring slander and libel, last but not least leaving our home country as a consequence of this chivvy, staged by the gentlemen Ballmer and Haessig.

• Evidence 28 Three newspaper articles:

1. Weltwoche, Schweiz „Das Leck im Paradies“, by Lukas Haessig; published 25.06.2005
2. Sonntagszeitung, „Deutsche Finanzämter profitieren von gestohlenen Kunden daten“, by Meinrad Ballmer, published 2006
3. Financial Times Deutschland, „Fiskus profitiert von Datenklau“, by Meinrad Ballmer, published am 17.04.2007

• Evidence 24 Letter Rudolf Elmer to press council, 25.3.2008; Complaint against legally relevant libel, slander and defamation

Weltwoche: the offender "...being Swiss citizen R.E. (name known to editorial staff), who...".

Sonntagszeitung: "...Insiders assume the offender to be a psychically ill...", "...the bank terminated the employment with the today 52-year old Swiss citizen, after an investigation on the Cayman Islands did not reveal any clear result."

And this is nothing new: the current UN commissar Jean Ziegler has been stalked and potentially committed to be silent after the publishing of his book. Christoph Meili had to seek asylum in the US when he decided not to destroy information on accounts of victims of the holocaust, but rather provide these to the victims. We had to leave Switzerland as of this pressure.

Until this day my case is not resolved, and therefore my 8-year old daughter, my daughter and I are still subjected to previously described threats.

We therefore ask for quickest possible treatment of this case. s

STATEMENT OF ALLEGED VIOLATION(S) OF THE CONVENTION AND/OR PROTOCOLS AND OF RELEVANT ARGUMENTS

Art. 1 Commitment to respect of human rights

Switzerland violates the convention on human rights and its protocols in our case via the banking law with Art. 47 (banking secret), 1) and 3), and via the cantonal criminal code of Zurich (StPO §17, §19, §131ff):

Rights in criminal proceedings are abided arbitrarily - depending on gusto - and only under certain circumstances.

Art. 5 Par. 1a "Every Person has the right to freedom and safety"

The lawfully but arbitrary measurements taken to imprison me for alleged violation of Art. 47 have deprived me of my freedom. Prosecutor and Bank Julius Baer can invoke Art. 47 and the criminal code including alterable proceedings, therefore having acted based upon existing law: two lawsuits against the bank have also been denied.

Art. 47 - the Swiss banking secret and its lawful, cantonal secret proceedings do not provide legal security.

Art. 6 Par. 1 "Right to fair process

The measurements against me - according to Art. 47 of the banking law and cantonal criminal code of Zurich have and always will anticipate a "fair process". The principle of equal terms does not exist.

Art. 8 Par. 1 "Respect for private- and family-life

Considerable threats by the bank and action of the state like abuse of a home search, imprisonment, the prohibition of a lawyer during the initial interrogation - all lawful as a consequence of the trade / bank secret and the cantonal criminal code of Zurich - as well as the stalking have considerably harmed out private life.

Art. 10 Par. 1 „Freedom of expression of opinion“

The Swiss banking secrecy as trade secret and its massive threats of punishment prevent my free expression of opinion related to crimes committed within the bank like:

• false certification
• document forgery
• aiding and abetting
• tax evasion for foreigners
• instruction to tax fraud
• malicious harm of property
• evasion of social security premiums
• possible money laundry in the case of Raul Salinas / Curtis Lowell Jr. / Julius Baer

If I should nevertheless express my opinion this leads to unjustified sanctions such as altering of the polygraph test, employment termination and - if I should contact any official authorities to imprisonment, search of the him with confiscation of property and relevant evidence.

Art. 14 "Ban of disadvantage"

The banking law with Art. 47 and the paragraphs from the Zurich cantonal criminal code cited above, favor banks and penalize me, the citizen. There is no equality of terms. My criminal complaints against threatening and coercion via stalking have been rejected, resulting in my family being subject to further discrimination by unfair proceedings. Additionally that there is a federal ruling related to stalking (BGE 129 IV 262 of 26th of August 2003) in respect to coercion via stalking, while my legal claim got turned down. Even though i appealed against this rejection with the cantonal high court, there is no prospect of a fair process under Art. 47 and its witness protection.

As banks know this, further crimes can unscrupulously be conducted with this law up their sleeves.

Additional protocol 12 Art 1 "General ban of discrimination"

The Swiss banking secret, Art. 47 and the Zurich cantonal criminal code discriminate by violating the basic right of "equal rights for everyone" and by subjecting it to arbitrariness.

Art. 10 Par. 2 "Abuse of the right to free expression of opinion

The bank has abused its right to free expression of opinion by giving false information to print media and causing slander and libel to me. This can be done unscrupulously as the legal situation pertaining to the secrecy in Art. 47 will make sure penally relevant methods like slander etc will stay secret also.

Art. 3 "Inhumanely and degrading treatment of a human in prison"

According to Dr. med Carole Kherfouche, mental service of the detention facilities canton Zurich I was 100% incapacitated during my imprisonment. Despite of this diagnosis I was kept as any other prisoner. I was not examined and the conditions of my imprisonment did not meet those of a person with health issues. During the first night not even the light in my cell was switched off (intended intimidation/torture technique). This also is kept secret in respect to Art. 47 and proceedings with a bank.

Additional protocol 1 Par. 1 „Protection of property“

My property has not been protected. In contrast: it could be taken lawfully: on September 27th 2005 the police has confiscated files during the search of my home that would have been substantial for my defiance to take all my possibilities of defending or taking legal action against Bank Julius Baer.

Again this is being kept secret under Art. 47 and the according §131 of Zurich criminal code.

STATEMENT RELATIVE TO ARTICLE 35 PARAGRAPH 1 OF THE CONVENTION

1) Final decisions (date, court or authority and nature of decision).

Swiss banking secret per Art. 47 1) and 3), Zurich cantonal criminal code § StPO §17, §19, and §131 ff.

2) Other decisions (list in chronological order, giving date, court or authority and nature of decision for each of them)

• 27.09.2005: search of home

• 28.09.2005: mittimus

• 30.10.2007: Denial notice of claims related to Bank Julius Baer's evasion of social security payments by prosecutor Zurich-Sihl. (Evidence 08)

• 11.12.2007: Denial notice of claims in relation to coercion via stalking, threatening etc (Evidence 07)

For both denial notices appeals have been filed with the cantonal high court of canton Zurich, 3rd criminal division, Zurich. .

3) Is there any other appeal or other remedy available to you, which you have not used. If so, explain why you have not used it.

No. Lawsuits against the bank and complaints about the official procedures are possible but remain without a sound and fair basis due to Art. 47 and the secret proceedings defined in §131 of Zurich criminal code. In contrast: it is dangerous and therefore unacceptable.

IV. STATEMENT OF THE OBJECT OF THE APPLICATION

1) I request to convict Switzerland as the banking secrecy as trade secret and law (Art. 47 of the banking law) and the hereto connected criminal proceedings, especially the secret proceedings according to Zurich cantonal criminal code §131ff, violate the convention to the protection of human rights and basic freedoms.

2) I request restoration of the protection and public honor of my family.

3) I request conviction of Switzerland to the payment of a compensation, based on Art. 41 of the convention.

STATEMENT CONCERNING OTHER INTERNATIONAL PROCEEDINGS

1)Have you submitted the above complaints to any other international investigation or settlement? If so, give full details.

No.

Date 2. Applicant

Date 3. Applicant

ATTACHMENTS (IN NUMERIC ORDER)

1. Consultation to the appeal of 13.04.2006, no data theft, not responsibility of Switzerland as per prosecutor A. Bergmann
2. Murder of Frederic Bise, Swiss Banker, 13.02.2008
3. 133,IV.235 Excerpt from the ruling of the court of cassation, Swiss Federal Prosecutor against X, Y and Z (nullity complaint), File number 6S528/2006 of 11th of June 2007 (Salinas – Curtis Lowell jun.)
4. Confirmation of employment of Rudolf Elmer by Bank Julius Baer, 06.06.2006
5. Protocol of investigation, police Canton Zurich, 31.05.2007; initiation of post-taxation process
6. Application for release from custody with according release justification of lawyer Ganden Tethong Blattner, 06.10.2005
7. Legal notice of denial in relation to threatening/stalking, 11.12.2007
8. Legal notice of denial in relation to evasion of social security payments, 30.10.2007
9. Interpellation National Council by SP Fraction (M. Kiener Nellen) Spring 2008
10. Demand (KR- NR /2008) to the Cantonal Council by SP Waedenswil, Julia Gerber Rüegg and Greens, Oberreiden, Ralf Margreiter, Spring 2008
11. My affidavit, witness Christoph Hiestand, jurist of Bank Julius Baer Holding AG, Zurich, of 18. April 2008
12. File notice lawyer Ganden Tethong Blattner „Hush-money“ in the beginning CHF 500’000, then 400'000, 27.06.2006; no extortion, as initiated by the bank.
13. Letter B. Trotter, Psychologist lic. phil to Family Elmer, 22.08.2006; Final statement related to treatment of Helena Elmer.
14. Drawing Helena, my daughter, of spring 2005 with letter to prosecutor Bergmann, 13.03.2007
15. Dr. med. Carole Kherfouche, prison doctor and detention service canton Zurich to Basler Insurance Group, 3.1.2006; medical certificate UVG, Rudolf Elmer
16. First questioning by prosecutor Bergmann without presence of a lawyer, 28.09.2005
17. Excerpt from marriage register of Elm, canton Glarus, Vol. 1995, Page 45, Nr. 4, 15.09.1995; Certificate of marriage Elmer, Rudolf Matthias and Heckel, Mechthild Adelheid
18. Backdated stipulation of district court Zurich to Rudolf Elmer, 11.10.2005, RE: stipulation to application for release (repeated rejection, different argumentation)
19. Stipulation district court Zurich to Rudolf Elmer, 11.10.2005; Stipulation in respect to application for release (imprisonment on remand: false wife Ranitha Kumaarasamy, false claims)
20. Search warrant based on threatening etc, signed 7th of September 2007 by investigating prosecutor Bergmann, not an independent judge.
21. Campbell, Attorney-at-Laws Description of circumstances, 27.02.2003
22. Evidence 22 Memorandum Julius Baer, Swisspartners, Mr Jud Irland, 11.07.1997
23. Memorandum Winston Layne Settlement „US property could lead to the Trust and the ownership“, 27.01.1999“
24. Letter Rudolf Elmer to press council, 25.3.2008; Complaint against legally relevant libel, slander and defamation
25. Protocol of search of home, 27.9.2005; list of confiscated items - confiscation of evidence
26. Letter compensation office for Swiss banking industry to Rudolf Elmer, 3.8.2007, supplementary compensation ruling
27. Minutes of Meeting: Julius Baer, Cayman, 13.01.2000; Decision of Management
28. Three newspaper articles
29. Weltwoche Schweiz, ,Das Leck im Paradies“, by Lukas Haessig; published 25.06.2005
30. Memorandum Caesar Trust Jonathan Lampitt „Trust should be treated for US tax purposes as owned by another person“
31. Employment with Julius Baer to Rudolf Elmer, 16.09.2002, Repercussive agreement on precaution responsibility, Point 3
32. Maples and Calder, Cayman „ongoing obligations of confidentiality and you may also be committing a criminal offense“, 09.05.2003
33. Letter re Observation/Stalking by so-called „Private Investigators“ from April 2004 to Nov 2005 in Freienbach signed by witnesses.
34. Termination of employment letter by the Bank Julius Baer on the grounds of me trying to fight the polygraph test, 10.12.2002
35. Swiss federal ruling of 2003, qualifying stalking as coercion (129,IV,262) 26.08.2003
36. Medical attest Dr. med. Felix Haefner (family doctor) to „To whom it may concern“, 18.2.2003, Medical History of Rudolf Elmer
37. Email cantonal ombudsman Zurich, 16.04.2008 acknowledges that both appeals have arrived at the court the 3rd and 8th of January 2008.
38. Documents revealing the money-flows and commercial conduct of Mr. Juerg Grossmann.
39. According to excerpt of an order by cantonal police Zurich of May 31st 207 the bank refuses to hand over the CD it had obtained from CASH.
40. Prosecutor of [Canton] Schwyz acknowledges on 17. January 2007 that the complaint had been submitted via police rapport to police command Zurich on 30th of June 2005.