UBS and a banker-turned-whistle-blower were deemed to have too 'unclean hands' to bring a malicious prosecution lawsuit against a real-estate developer who had accused them of duping him into filing a false tax return.
Bloomberg News reports that a state court judge in Santa Ana, California, threw out the claims by the bank and whistle-blower Bradley Birkenfeld, according to a transcript provided by a lawyer for developer Igor Olenicoff.
The ruling, based on the legal doctrine that those who commit wrongdoing can’t sue others involved in it, couldn’t be confirmed in court records Monday.
California Superior Court Judge Kim G. Dunning said at a July 23 hearing on Olenicoff’s 'unclean hands' defence that all three, UBS, Birkenfeld and Olenicoff, had admitted to illegal conduct and that it wouldn’t serve justice to let UBS and Birkenfeld proceed with their claims.
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