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Icelandic bank Kaupthing threat to WikiLeaks over confidential large exposure report, 31 Jul 2009
From WikileaksJuly 30, 2009
Legal threat from lawyers representing the failed Icelandic bank Kaupthing to WikiLeaks (Sunshine Press), seeking to suppress a 209 page internal Kaupthing document assessing the credit risks of its largest clients.
Our reply is first, followed by the letter from Kaupthing's lawyers.
From: Jay Lim <[email protected]> To: ??rarinn ?orgeirsson <[email protected]> Cc: [email protected], [email protected], Kolbeinn ?rnason <[email protected]>, Steinar ??r Gu?geirsson <[email protected]>, Helga Bj?rk Eir?ksd?ttir <[email protected]> Subject: Re: Immediate request for removal of confidential information subject to bank secrecy Content-Type: text/plain; charset=us-ascii Message-Id: <[email protected]> Date: Fri, 31 Jul 2009 16:04:24 +0100 (BST) No. We will not assist the remains of Kaupthing, or its clients, to hide its dirty laundry from the global community. Attempts by Kaupthing or its agents to discover the source of the document in question may be a criminal violation of both Belgium source protection laws and the Swedish constitution. Who is your US counsel? Jay Lim. On Fri, Jul 31, 2009 at 02:54:03PM +0100, ??rarinn ?orgeirsson wrote: > Dear Sirs > > It has come to our urgent attention that on the following link: > > http://wikileaks.org/wiki/Financial_collapse:_Confidential_exposure_analysis_of_205_companies_each_owing_above_%E2%82%AC45M_to_Icelandic_bank_Kaupthing%2C_26_Sep_2008 > > certain information has been submitted on www.wikileaks.org > > These are highly sensitive confidential information from Kaupthings > bank hf. loan book regarding the bank?s clients subject to bank > secrecy in Iceland. > > Any public disclosure or distribution of these information is > strictly forbidden and subject to penalty and imprisonment according > to Icelandic law. > > See below article 58 of the Icelandic act on financial undertakings > no. 161/2002 and also articles 110 and 112 b and 112 c. The Act can > be obtained in english at the following link - > http://eng.vidskiptaraduneyti.is/laws-and-regulations//nr/2826 > <http://eng.vidskiptaraduneyti.is/laws-and-regulations//nr/2826> > > > Having regard to the abovementioned the bank hereby respectfully > requests that the content on the abovementoined link is removed > immediately ! > > If the operators of Wikileaks fail to do so Kaupthing bank will > take all applicable and appropriate measures according to law. We > have already obtained US legal council to follow this matter. > > Your attention is furthermore drown to the fact that individual > parties affected by the publication might take legal action and > demand damages against you for infringement of their right to > privacy. > > > > Article 58 Confidentiality > > The board of directors of a financial undertaking, managing > directors, auditors, personnel and any persons undertaking tasks > on behalf of the undertaking shall be bound by an obligation of > confidentiality concerning any information of which they may become > aware in the course of their duties concerning business dealings > or private concerns of its customers, unless obliged by law to > provide information. The obligation of confidentiality shall remain > even after their employment ceases. > > Anyone receiving information of the sort referred to in the first > paragraph shall be bound by an obligation of confidentiality in the > same manner as described therein. The party providing information > shall remind the recipient of the obligation of confidentiality." > > Article 110 Administrative fines > > The Financial Supervisory Authority may impose administrative fines on any party violating: > > [1. ..... > > ..... > > 18. Article 58 Confidentiality; > > ....] > > Fines imposed on a natural person may range in amount from ISK > 10 thousand to ISK 20 million.Fines imposed on a legal person may > range in amount from ISK 50 thousand to ISK 50 million. The > determination of fines shall, inter alia, take account of the > seriousness of the violation, its duration, the extent of co-operation > of the violating party and whether the violation is repeated. > Decisions on administrative fines shall be made by the board of > directors of the Financial Supervisory Authority and are enforceable > by law. Fines shall accrue to the State Treasury, net of collection > costs. If administrative fines are not paid within a month from the > decision of the Financial Supervisory Authority, penalty interest > shall be paid on the amount of the fine. The determination and > calculation of the penalty interest shall be governed by the Act > on interest and price indexation. > > Administrative fines will > be imposed regardless of whether a violation is committed by intent > or negligence." > > Article 112 b Fines or imprisonment > > Violation > of the following provisions is subject to fines or up to two years' > imprisonment, if there are no more severe sanctions under other > legislation > > [1. ..... > > 13. Article 58 on confidentiality; > > Furthermore, knowingly supplying false or misleading information > on the financial position of a financial undertaking or other > information on the undertaking, publicly or to the Financial > Supervisory Authority, other official bodies or clients, is subject > to the same sanctions.] > > Article 112 c > > Violations of this Act which are subject to fines or imprisonment are subject to > sanctions whether committed by intent or negligence. > > Direct or indirect profit gained by a violation of the provisions of this > Act which is subject to fines or imprisonment may be confiscated > by a judgment of a court of law. > > Attempted violations or participation in violations pursuant to > this Act are punishable under the provisions of the General Penal Code.] > > > > Respectfully > > ??rarinn ?orgeirsson > > > > Senior Director, Attorney at Law > > > > Forst??uma?ur > > > > Kaupting Bank hf. > > > [email protected] > <blocked::mailto:[email protected]> > www.kaupthing.com > <blocked::http://www.kaupthing.com/> > > Direct line: +354 444 6153 > Mobile: +354 856 6153 > Telephone: +354 444 7000 > Fax: +354 444 6189
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