Banking privacy used to be revered in Switzerland, but the U.S. crackdown on Swiss banks has prompted more than 106 Swiss financial institutions to turn over detailed information on account holders and financial transactions. These financial institutions have been participating in the Swiss Bank Program, which allows amnesty from criminal prosecution for banks that voluntarily come forward. Since 2013, the U.S. Justice Department has been making deals, collecting penalties, and using information provided by financial institutions to pursue investors who didn't declare their offshore accounts.

The Swiss Bank Program was created to encourage offshore financial institutions to come forward, voluntarily report how they aided in tax evasion, and provide information to U.S. authorities about both accountholders with undeclared funds, as well as other financial institutions that engaged in transactions with these accountholders.  The banks that take advantage of the Swiss Bank Program pay penalties and give up enough details on accountholders to be actionable, as well as agree to cooperate with treaty requests for information. In exchange for doing all of this, the banks can enter into non-prosecution agreements and avoid facing criminal charges.

Swiss Banks used to be well-known for their discretion and many U.S. citizens and U.S.-connected individuals kept money in offshore accounts for privacy. The Swiss Bank Program, however, incentivizes banks that believe they could be charged with facilitating tax evasion to come forward and report on their customers.  If banks participate in the Swiss Bank Program, pay a fine, and cooperate with U.S. authorities, the banks will minimize the penalties they face for their own failures to follow tax rules. Many financial institutions have taken advantage of the Swiss Bank Program and the Department of Justice has announced four additional banks can be added to the lengthy list of institutions turning over details on accountholders.

The Swiss Bank Program has resulted in offshore banks paying millions of dollars in penalties.  Just recently, Courthouse News Service  indicated that there are three additional banks now participating in the Swiss Bank Program.

The Department of Justice has a tax division that investigates tax evasion and pursues cases against tax evaders.  Recently, the acting Assistant Attorney General (AAG) made a keynote speech at a continuing legal education event that was being held by the American Law Institute.  The contents of her speech explained the current DOJ priorities, which include a continued crackdown on offshore accounts as well as a renewed focus on employment tax evasion.