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Old 30.07.2014, 05:09
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Please help : My father's funds are blocked, how to solve it?

Hi, there:
Iím new kid on the block. I come here just for help, itís an emergency about my father.
It could be a long story, please be patient.

My father and I are Taiwanese. Of cause, we are good people.
My father is retired, fortunately he made sufficient money in his career, so he planned to find one qualified financial advisor to help him for his rest life on further wealth management.
You know people in Taiwan usually think that Switzerland has the best private banking in wealth management in the world, especially for HNWI.
After a long survey, we finally picked one asset management company whose CEO is a Swiss citizen. The CEO also suggested my father to participate in their private placement in Swiss platform and promised us with high yield return.

The asset management company asked my father to open a new account in one Swiss private bank, but the account actually is link to UBS AG. The CEO explained to us that UBS is a custody and the bank is an financial intermediary as fiduciary in private banking business.
After some procedures, my father has opened his new account successfully at Dec-2013.
This private bank also provides their e-banking system to us, so we could check all transaction activities and statements for this account via internet.
One month later, my father transferred USD$2M to this account, it was Jan-2014.

The asset management company should start trading as soon as my fatherís funds credited to this account, but my father received a very shocked message one week later instead, his funds was blocked by UBS.
The major reason why UBS do that because these funds are from Asia, collected through different banks in Taiwan and Hong Kong (chain of banks), and ever involved by one BVI company(my father owns it) account, so UBS thought that these funds were suspicious in money laundering, they decided to take more investigation about the origin of my fatherís funds.

The asset management company immediately asked us to provide specific documents which can identify my fatherís funds are clean and legal, but unfortunately it still failed. UBS insisted on reporting my fatherís case to federal Money Laundering Reporting Office in Bern at the end of Mar-2014, that means this case has been taken as a potential criminal case, only public Prosecutor can decide to release my fatherís funds or not.

The asset management company then hired an attorney to take care our situation. The attorney asked my father to provide more detailed documents he wanted, and arrange a meeting with the Prosecutor. So far as I know the Prosecutor is investigating in our prepared documents.

How terrible thing we have been through.
My father is definitely not a criminal, he even donít know what is money laundering, he is just a one senior guy who try to arrange his money to Swiss private banking for wealth management.

Here are my questions:
(1) How does UBS know the correct transfer history of my fatherís funds? Why UBS can be so rude to treat my fatherís account like that?
(2) Is it legal for any Swiss bank to easily block clientís funds without negotiation and notification? Especially for a foreign client?
(3) My fatherís fund has been blocked for almost 7 months. Itís really ridiculous. How long does it usually take to resolve such situation?
(4) Is it anyway to return our funds back? What is the worst case that we canít get our funds back?
(5) My father never received any official mail or letter from any institution during this period, we got all information from the asset management company. We tried to communicate directly to the private bank or UBS for checking further status, but no one answer. Is it right?
(6) Did we meet with a fraud(I mean the asset management company)? How will I know this is not a fraud and how to detect my fatherís funds are still existing?
(7) Is it possible to ask Taiwan Ambassador or other sources for help? How can we speedup this process?
(8) If my father finally is approved that he is clean, may we ask compensation? If yes, who should take responsibility for this?

We can understand the strict banking legislation in Switzerland, but we have no idea what exact the process is and how long it should take. It really
Thanks for your advice and comment.
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Old 30.07.2014, 06:03
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Re: Please help : My father's funds are blocked, how to solve it?

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Hi, there:
Iím new kid on the block. I come here just for help, itís an emergency about my father.
It could be a long story, please be patient.

My father and I are Taiwanese. Of cause, we are good people.
My father is retired, fortunately he made sufficient money in his career, so he planned to find one qualified financial advisor to help him for his rest life on further wealth management.
You know people in Taiwan usually think that Switzerland has the best private banking in wealth management in the world, especially for HNWI.
After a long survey, we finally picked one asset management company whose CEO is a Swiss citizen. The CEO also suggested my father to participate in their private placement in Swiss platform and promised us with high yield return.

The asset management company asked my father to open a new account in one Swiss private bank, but the account actually is link to UBS AG. The CEO explained to us that UBS is a custody and the bank is an financial intermediary as fiduciary in private banking business.
After some procedures, my father has opened his new account successfully at Dec-2013.
This private bank also provides their e-banking system to us, so we could check all transaction activities and statements for this account via internet.
One month later, my father transferred USD$2M to this account, it was Jan-2014.

The asset management company should start trading as soon as my fatherís funds credited to this account, but my father received a very shocked message one week later instead, his funds was blocked by UBS.
The major reason why UBS do that because these funds are from Asia, collected through different banks in Taiwan and Hong Kong (chain of banks), and ever involved by one BVI company(my father owns it) account, so UBS thought that these funds were suspicious in money laundering, they decided to take more investigation about the origin of my fatherís funds.

The asset management company immediately asked us to provide specific documents which can identify my fatherís funds are clean and legal, but unfortunately it still failed. UBS insisted on reporting my fatherís case to federal Money Laundering Reporting Office in Bern at the end of Mar-2014, that means this case has been taken as a potential criminal case, only public Prosecutor can decide to release my fatherís funds or not.

The asset management company then hired an attorney to take care our situation. The attorney asked my father to provide more detailed documents he wanted, and arrange a meeting with the Prosecutor. So far as I know the Prosecutor is investigating in our prepared documents.

How terrible thing we have been through.
My father is definitely not a criminal, he even donít know what is money laundering, he is just a one senior guy who try to arrange his money to Swiss private banking for wealth management.

Here are my questions:
(1) How does UBS know the correct transfer history of my fatherís funds? Why UBS can be so rude to treat my fatherís account like that?
(2) Is it legal for any Swiss bank to easily block clientís funds without negotiation and notification? Especially for a foreign client?
(3) My fatherís fund has been blocked for almost 7 months. Itís really ridiculous. How long does it usually take to resolve such situation?
(4) Is it anyway to return our funds back? What is the worst case that we canít get our funds back?
(5) My father never received any official mail or letter from any institution during this period, we got all information from the asset management company. We tried to communicate directly to the private bank or UBS for checking further status, but no one answer. Is it right?
(6) Did we meet with a fraud(I mean the asset management company)? How will I know this is not a fraud and how to detect my fatherís funds are still existing?
(7) Is it possible to ask Taiwan Ambassador or other sources for help? How can we speedup this process?
(8) If my father finally is approved that he is clean, may we ask compensation? If yes, who should take responsibility for this?

We can understand the strict banking legislation in Switzerland, but we have no idea what exact the process is and how long it should take. It really
Thanks for your advice and comment.
Standard procedure, if the money turns out to be dirty, you will loose it all.
You won't get any compensation, it's a legal requirement that UBS knows it's client. The more complicated the transactions, the longer it will take to sort out.
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Old 30.07.2014, 09:11
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Given the restrictions in moving money out of China, I am not surprised that your father is having problems.

Are you 100% sure that this is not a scam? Given that the 'investment bank' is handing things with their own lawyer and the money has been moved multiple times, I would be getting a Taiwanese lawyer and accountant to double-check everything that has been done so far, to see where it has gone wrong...

Ps. Do you want to tell us the name of the private bank in Switzerland and I am sure we can verify your story. Has your father actually dealt directly with UBS?

Last edited by 3Wishes; 30.07.2014 at 14:27. Reason: merging successive posts
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Old 30.07.2014, 09:14
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Re: Please help : My father's funds are blocked, how to solve it?

surely the KYC and AML should have been done BEFORE the money was transferred.

If your father has concrete evidence that the money is clean, not from illegal activities, etc then he should be OK.

Nobody on EF can help you other than tell you again the same things you have already been told.
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Old 30.07.2014, 09:21
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Re: Please help : My father's funds are blocked, how to solve it?

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Standard procedure, if the money turns out to be dirty, you will loose it all.
You won't get any compensation, it's a legal requirement that UBS knows it's client. The more complicated the transactions, the longer it will take to sort out.
And if proven that the money is stolen (which I hope for the OP's family, is not), where will this money go...?

.
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Old 30.07.2014, 09:43
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Re: Please help : My father's funds are blocked, how to solve it?

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...The CEO also suggested my father to participate in their private placement in Swiss platform and promised us with high yield return...
This sent off alarm bells in my head. Most of the time if something sounds too good to be true, it probably is. Is this asset company actually located in Switzerland, or it just happens to have a Swiss CEO? In any case, most countries have laws stating banks are obligated to freeze funds if they're "suspect" and they can remain frozen for months or even years until the case works its way through the system.
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Old 30.07.2014, 09:57
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Re: Please help : My father's funds are blocked, how to solve it?

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surely the KYC and AML should have been done BEFORE the money was transferred.
KYC is done on account opening, but AML still needs to be done for each substantial fund transfer. We had to show the legal documents for the sale of our UK house before UBS could clear the proceeds....and those were coming from a UK bank (i.e. EU, with banking standards and procedures well known to Switzerland). I guess they will be even more cautious with a funds transfer from outside the EU, especially if the funds come from US, given the fondness (not) the US authorities have for Swiss banks.
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Old 30.07.2014, 10:08
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Re: Please help : My father's funds are blocked, how to solve it?

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surely the KYC and AML should have been done BEFORE the money was transferred.

If your father has concrete evidence that the money is clean, not from illegal activities, etc then he should be OK.

Nobody on EF can help you other than tell you again the same things you have already been told.

Not really. AML depth depends on the amount of transfer and looking at where it's come from. Also, for the OP, UBS didn't "decide" anything. It's a criminal offence not to report AML concerns that contravene standard operating procedure for that institution. And the string of banks in the far east and Caribbean all consolidated into one Swiss bank account couldn't sound more dodgy.
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Old 30.07.2014, 10:20
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Re: Please help : My father's funds are blocked, how to solve it?

Its also a criminal offence to tell the client that they are being investigated for AML concerns. Its called tipping off, as it allows the real criminals a chance to disappear with the remaining funds and with their network- AML works that you catch one weird looking transaction, and then have the 15 counterparties which may have contributed to other transactions.

This entire story is extremely odd.
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Old 30.07.2014, 10:24
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Re: Please help : My father's funds are blocked, how to solve it?

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The asset management company then hired an attorney to take care our situation.
Get your own Swiss attorney. He can answer most of the questions you asked.

Also, these things can take quite some time to resolve and key is documents, documents, documents.

Furthermore, as soon as the Swiss public prosecutor makes a request for mutual legal assistance to the Taiwanese public prosecutor, you can forget any quick resolution. The Swiss public prosecutor will invariably wait for a response from his Taiwanese counterpart. This means get a Taiwanese lawyer to help matters along on the Taiwanese side.
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Old 30.07.2014, 10:27
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Re: Please help : My father's funds are blocked, how to solve it?

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Its also a criminal offence to tell the client that they are being investigated for AML concerns. Its called tipping off, as it allows the real criminals a chance to disappear with the remaining funds and with their network- AML works that you catch one weird looking transaction, and then have the 15 counterparties which may have contributed to other transactions.

This entire story is extremely odd.
Nah, it's only tipping off in Switzerland if the notification is given before the funds are blocked. The fact that the client can't remove any money would be quite a big tip anyway.
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Old 30.07.2014, 10:32
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Re: Please help : My father's funds are blocked, how to solve it?

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Old 30.07.2014, 10:48
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Re: Please help : My father's funds are blocked, how to solve it?

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Given the restrictions in moving money out of China, I am not surprised that your father is having problems.
Taiwan isn't China. There are no restrictions (apart from the usual - no huge wodges of cash stuffed down your underwear) in moving money into or out of Taiwan. We do it quite regularly.
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Old 30.07.2014, 10:50
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Re: Please help : My father's funds are blocked, how to solve it?

"My father and I are Taiwanese. Of cause, we are good people."
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Old 30.07.2014, 10:52
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Re: Please help : My father's funds are blocked, how to solve it?

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Taiwan isn't China. There are no restrictions (apart from the usual - no huge wodges of cash stuffed down your underwear) in moving money into or out of Taiwan. We do it quite regularly.
Quite, and Switzerland doesn't act to protect Chinese exchange control interests anyway. There seems to be legitimate AML concerns. If the father of the OP provides original statements showing how the money went from one account to the other and so on until there's a source of funds (eg a business) then the money will be released. Simples.
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Old 30.07.2014, 11:06
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Re: Please help : My father's funds are blocked, how to solve it?

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Taiwan isn't China. There are no restrictions (apart from the usual - no huge wodges of cash stuffed down your underwear) in moving money into or out of Taiwan. We do it quite regularly.
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The major reason why UBS do that because these funds are from Asia, collected through different banks in Taiwan and Hong Kong
But the money came through different banks including HK which is China.
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Old 30.07.2014, 11:35
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Re: Please help : My father's funds are blocked, how to solve it?

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But the money came through different banks including HK which is China.
HK is a SAR (Special Admin. Region); money can be moved into and out of HK as well. It's a financial hub after all.
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Old 30.07.2014, 11:42
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Re: Please help : My father's funds are blocked, how to solve it?

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surely the KYC and AML should have been done BEFORE the money was transferred.

If your father has concrete evidence that the money is clean, not from illegal activities, etc then he should be OK.

Nobody on EF can help you other than tell you again the same things you have already been told.
Agree. My father tried to put some money here but it was rejected as the sources (of course all legit ) were ex-EU. But they didn't take the money then hold it. They just declined to accept the transfer.
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Old 30.07.2014, 12:02
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Re: Please help : My father's funds are blocked, how to solve it?

No one here can help you.. speak with a financial lawyer.
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Old 30.07.2014, 13:12
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Re: Please help : My father's funds are blocked, how to solve it?

(1) How does UBS know the correct transfer history of my fatherís
funds? Why UBS can be so rude to treat my fatherís account like that?

- No they do not that is why your dad's funds are blocked. UBS are not rude but following procedure. They also have tousands of customers a day that transfer millions and as your dad is not a customer of UBS and has no history with them they probably feel they do not have to bend down in front of you for 2m dollars/frs

(2) Is it legal for any Swiss bank to easily block clientís funds without negotiation and notification? Especially for a foreign client?

Yes

(3) My fatherís fund has been blocked for almost 7 months. Itís really ridiculous. How long does it usually take to resolve such situation?

depends how quickly the owner of the funds can prove they are clean and how fast you can get all the document requirements in order.

(4) Is it anyway to return our funds back? What is the worst case that we canít get our funds back?

the funds are frozen, worst case they are confiscated if proven to be in relation to criminal activities

(5) My father never received any official mail or letter from any institution during this period, we got all information from the asset management company. We tried to communicate directly to the private bank or UBS for checking further status, but no one answer. Is it right?

what is the name of this private bank/institution - are you sure they are even based in switzerland? sounds odd

(6) Did we meet with a fraud(I mean the asset management company)? How will I know this is not a fraud and how to detect my fatherís funds are still existing?

No idea - to be honest it is possible as your story is dodgy


(7) Is it possible to ask Taiwan Ambassador or other sources for help? How can we speedup this process?

By getting the documents and proving the funds are ledgit is the only way in my opinion. If you call in your cavalry such as a taiwanese embassador you will first of all only be harming yourself by proving you want to use big people in big places to pressure a bank - that looks dodgy no offence.


(8) If my father finally is approved that he is clean, may we ask compensation? If yes, who should take responsibility for this?

You need to get a serious lawyer (swiss financial lawyer). If your dad is legit and so are the funds, you will spare a few hundred tousand to pay a good lawyer to get you out of the sh*t
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