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Dept. of Labor puts the burden on Whilstleblower in UBS Case

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In a Tuesday brief sent to the labor department Jason Archinaco Flynn s attorney wrote that he had recently been asked by labor department officials handling Flynn s complaint to address "whether or not UBS Financial Service Inc. is integrated with UBS AG such that the subsidiary company UBS Financial Services is covered by the Sarbanes-Oxley Act." Archinaco wrote that UBS had not raised the "lack of integration" defense. He wrote that the department "should conduct a full investigation" into the request and whether UBS had "successfully obtained" other dismissals by "claiming they are not integrated ." "Simply put if the whistleblower works at a subsidiary he works at part of the publicly traded company. The whole company is subject to securities laws " he wrote. He added that UBS has "publicly admitted and repeatedly boasted" about its "integrated business model" and synergies of its various units.

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