Discussing the murky world of hiding and protecting money is more speculation that fact and the figures bandied about are often double counted many times to impress the unwary. The purpose is always the same and that is to separate legal ownership in one jurisdiction from local threat. Mostly the money and certainly the assets remain largely where they can be used best.
There is no demand for a chain of franchise pizza parlors in Grande Cayman nor will there be. However forcing litigants to fly there slows down most to a snails pace. So most of this legitimate wealth never actually leaves home. Actual illegitimate cash does but then resurfaces back onshore to be properly invested. Even the Arabs like to have all that cash somehow invested.
As noted, Nevada is pretty handy not least because they will not be investigating. Not for the chump change they receive for the corporate service. Thus transferring assets to a Nevada shell makes sense. Operations are offshore and that ensures no risk of attracting unwelcome IRS or FBI interest ever. Then when it is all said and done you do pay your taxes and you can surface a massive chunk of cash in the USA with no further concerns. Cheap at the price.
Mossack Fonseca: The Nazi, CIA And Nevada Connections... And Why It's Now Rothschild's Turn
by Tyler Durden
For all the
media excitement about the disclosed names in the "Panama Papers"
leak, in
this case represented by the extensive list of Mossack Fonseca clients, this is
not a story about which super wealthy individuals did everything in their
power, both legal and illegal, to avoid taxes, preserve their financial
anonymity, and generally preserve their wealth. After all, that's what they do,
and it should not come as a surprise that they will always do that, especially
following last year's disclosure by the same ICIJ
which revealed a list of 100,000 HSBC clients who had been dutifully
avoiding the payment of taxes.
What the
story is about is the nebulous world of offshore tax evasion and tax havens, which
based on data from the World Bank, IMF, UN, and central banks, hide between $21 and $32 trillion, where
registered incorporation agents and law firms in small Caribbean countries (and
not so small US states) make the laundering of money and the
"disappearance" of the super wealthy, into untracable numbers hidden
behind shell companies, possible.
So, in order
to learn some more about the real star of this story, the Panamanian lawfirm of
Mossack
Fonseca, we went to Fusion which
has compiled a fascinating story of the company's history, founders, and key
milestone events in its life.
These
include the Nazis, the CIA, Mexican drug lords, and of course, the U.S.
First, here
is the Nazi and CIA connection:
Jurgen
Mossack’s family landed here in the 1960s. During World War II, his father had served in the Nazi
Party’s Waffen-SS, according to U.S. Army intelligence files
obtained by the ICIJ. Once
in Panama, the
elder Mossack offered to spy on communists in Cuba for the CIA.
(Mossack Fonseca said the firm “will not answer any questions related to
private information regarding our company founding partners.”)
Here is the
connection to Mexican drug lord Rafael Caro Quintero, and perhaps to the DEA:
Many times
Mossack Fonseca has had no clue which nefarious characters were doing what with
the companies the firm created – as when Jurgen discovered in 2005, according
to internal emails, that he was the registered agent and listed as the director
for a company controlled by the Mexican drug lord Rafael Caro Quintero. The co-founder of the Guadalajara
Cartel was convicted in Mexico in 1985 for the brutal murder of U.S. DEA agent
Enrique “Kiki” Camarena. (Today, Quintero is again considered a
fugitive by the US after walking out of prison in 2013 on a technicality).
Mossack
Fonseca’s senior partners instructed an employee to carry out their resignation
from the company upon the discovery. "Pablo Escobar was like a newborn
compared to R. Caro Quintero!” Jurgen wrote in reaction to the news. “I wouldn't want to be among those he
visits after he leaves prison!"
And then
there is the state of Nevada:
In
2013, an Argentine prosecutor’s report linked Nevada-incorporated shell
companies involved in a major corruption scandal to Mossack Fonseca. When those shell
companies became the subject of a federal court battle in Nevada, the leaked
files show, Mossack Fonseca employees took steps to remove paper records and to
wipe computer files and phone logs at its Las Vegas office. One employee even
traveled from Central America to Nevada to bring back files. “When AndrĂ©s came
to Nevada he cleaned up everything and brought all documents to Panama,”
according to an email dated Sept. 24, 2014.
Mossack
Fonseca said it “categorically” denies hiding or destroying documents in its
statement to the ICIJ: “Let us be clear that it is not our policy to hide or
destroy documentation that may be of use in any ongoing investigation or
proceeding.”
The leaked
records also contradict sworn testimony by Jurgen Mossack, who told the federal
district court that his firm was separate from “MF Nevada,” its office in Las
Vegas, and had no control over it. Mossack Fonseca “has never maintained an
office, establishment or principal place of business in Nevada,” Mossack
testified in July 2015. But,
according to the ICIJ investigation, internal documents show the opposite,
indicating that the firm’s Panama City headquarters controlled MF Nevada’s bank
account, and that the firm’s co-founders and one other official with the
company owned 100 percent of MF Nevada.
Why is
Nevada important? Because recall that according to a recent
investigation by Bloomberg, "The
World’s Favorite New Tax Haven Is the United States" ...
... and
specifically several US
states such as Nevada, Wyoming and South Dakota.
After years
of lambasting other countries for helping rich Americans hide their money
offshore, the U.S. is emerging as a leading tax and secrecy haven for rich
foreigners. By resisting new global disclosure standards, the U.S. is creating a hot new market,
becoming the go-to place to stash foreign wealth. Everyone from
London lawyers to Swiss trust companies is getting in on the act, helping the
world’s rich move accounts from places like the Bahamas and the British Virgin
Islands to Nevada, Wyoming, and South Dakota.
“How ironic—no, how perverse—that the
USA, which has been so sanctimonious in its condemnation of Swiss banks, has
become the banking secrecy jurisdiction du jour,” wrote Peter
A. Cotorceanu, a lawyer at Anaford AG, a Zurich law firm, in a recent legal
journal. “That ‘giant
sucking sound’ you hear? It is the sound of money rushing to the USA.”
That money
is rushing for one simple reason: dirty foreign - and local - money is welcome
in the U.S., no questions asked, to be shielded by the most impenetrable tax
secrecy available anywhere on the planet.
One may even
say that nowadays, US-based tax havens are the new Switzerland, or Bahamas or,
for that matter, Panama. Indeed, for most Americans, offshore tax haven are now
meaningless with the passage of the FATCA law, which makes the parking of dirty
US money abroad practically impossible. So where does that money go instead -
it stays in the US:
Others are
also jumping in: Geneva-based
Cisa Trust Co. SA, which advises wealthy Latin Americans, is applying to open
in Pierre, S.D., to “serve the needs of our foreign clients,”
said John J. Ryan Jr., Cisa’s president.
[ For those not having the privilege of ever visiting Pierre SD, let us start with the local pronunciation of Pierre. It is pronounced 'pier'. Obviously not a good place for language majors. It is a community in the fading great plains largely dependent of agriculture which has simply depopulated since 1950. Intyernational banking here is as congruous as the Cayman islands. I do not think the ATMS there can handle suitcases of cash though. Oh well - arclein ]
Trident
Trust Co., one of the world’s biggest providers of offshore trusts, moved
dozens of accounts out of Switzerland, Grand Cayman, and other locales and into
Sioux Falls, S.D., in December, ahead of a Jan. 1 disclosure deadline. [ ditto ]
“Cayman was slammed in December,
closing things that people were withdrawing,” said Alice
Rokahr, the president of Trident in South Dakota, one of several states
promoting low taxes and confidentiality in their trust laws. “I was surprised at how many were
coming across that were formerly Swiss bank accounts, but they want out of
Switzerland.”
And, to top
it off, there is one specific firm which is spearheading the conversion of the
U.S. into Panama: Rothschild.
Rothschild,
the centuries-old European financial institution, has opened a trust company in
Reno, Nev., a few blocks from the Harrah’s and Eldorado casinos. It is now
moving the fortunes of wealthy foreign clients out of offshore havens such as
Bermuda, subject to the new international disclosure requirements, and into
Rothschild-run trusts in Nevada, which are exempt.
For
financial advisers, the current state of play is simply a good business
opportunity. In a draft of his San Francisco presentation, Rothschild’s Penney wrote that the
U.S. “is effectively the biggest tax haven in the world.” The U.S., he added
in language later excised from his prepared remarks, lacks “the resources to enforce foreign tax
laws and has little appetite to do so.”
Yes, Mossack
Fonseca may now be history, and its countless uberwealthy clients exposed, but
none other than Rothschild is now delighted to be able to fill its rather large
shoes. In fact, someone with a conspiratorial bent may decide that today's
dramatic takedown of the Panama "offshoring" industry was nothing
more than a hit designed to crush the competition of domestic "tax
haven" providers... such as Rothschild.
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