Closing Down the Tax Haven Racket

Speech to conference on Taming the Giant Corporation, organized by Ralph Nader and The Center for Study of Responsive Law, Washington DC, June 8, 2007

The tax haven racket is the biggest scam in the world. It‘s run by the international banks with the cooperation of the world‘s financial powers for the benefit of corporations and the mega-rich. This talk is about strategy, but first you have to know the target, and most Americans, including progressive activist Americans, don‘t know what I‘m going to tell you. And that‘s part of the problem.

Between 1996 and 2000, of U.S. and multi-national corporations operating in the United States, with assets of at least $250 million or sales of at least $50 million, nearly two-thirds paid no U.S. income tax. Over 90 percent reported owing taxes of under 5 percent. One year, six in ten paid less than a million.

This is the dirty little secret of globalization: the end of controls on capital flows and the expansion of the tax haven system from 25 years ago to where it has more than doubled to about 70 tax havens.

The system is a major reason for the growing inequality in the U.S. and between the West and the developing worlds.

The system has given the big banks and corporations and the super-rich mountains of hidden cash they use to control our political systems.

Bono the tax dodger wants others’ taxes spent on Africa

May 16, 2007

Paul Hewson, known as Bono, the rock star, is complaining that the seven wealthy nations in the G-7 which had promised to double aid to the developing world by 2010, are more than half behind target. The countries are the United States, Britain, Canada, France, Germany, Italy, and Japan. Bono

Bono‘s protest might be taken more seriously if he and his U2 band were not participating in the system that deprives developing countries of far more than western aid – much of which has to be repaid.

Bono is a tax dodger. As a result of a change in Irish law that limits the tax exemption for artists and musicians to a punitive $625,450, Bono’s U2 has moved its music publishing company registration to the Netherlands, where the tax on its multi-million dollar income will be about 5 percent. To dodge taxes on non-royalty income, Bono‘s company has used offshore nominees.

How Tax Cheats Are Using Your Money to Fund Politicians

AlterNet – April 17, 2007

When it comes to tax cheats, the government has been vocal about catching the little guys but doesn’t spotlight the big-time frauds, like Swift Boat financier Sam WylySam (shown here), who happens to be a top-tier Republican contributor.

Wyly cheated the U.S. of at least $300 million in taxes. The money that paid for the Swift Boat campaign was your money!

But Wyly was not only the financier of the scam to discredit John Kerry during the 2004 presidential campaign. He and his brother were George W. Bush’s ninth greatest career contributors, Bush Pioneers, who collected $100,000 for the 2000 and 2004 presidential campaigns. They also funded other leading Republicans. Sam Wyly, since 1997 has given Republicans more than $1 million and his brother Charles and wife have donated more than $1.3 million. That‘s your money!

Wyly did his cheating through an offshore scheme that hid $1 billion in family profits via Isle of Man shell companies that existed only on paper, were registered under front men to hide the Wylys’ names, and were used to carry out transactions and launder money. And that’s only the hidden income that was found. The Dallas mogul, with a $1 billion admitted net worth, may be guilty of the biggest personal tax fraud in U.S. history.

Citigroup‘s Charles Prince: “Let‘s go back to the bad old days.”

April 10, 2007 –

The NY Times reports today that Charles Prince, CEO of Citigroup, is planning to cut the corporation‘s compliance staff. CitigroupReporter Eric Dash says it‘s “to keep the bank from getting bogged down” because “the compliance overhang has made it difficult to be competitive” and “unnecessarily slowed the company down.”

Translation: other banks are laundering profits or running scams to help clients cheat tax authorities and investors, and they make good money at it. Why shouldn‘t we?

Dash noted that Citigroup had beefed up its compliance staff after scandals, including its dealings with Enron. He skimps on details: that Citigroup set up offshore shell companies to help Enron cook the books.

Western critics: Khodorkovsky stole Yukos fair and square

March 28, 2007

Russia, through its energy company Rosneft, has started to recover the multibillion-dollar oil company YukosYukos that was stolen from it in the mid-90s. It is buying the assets in auctions. Indignant protests are heard from westerners.

Funny there was no indignation from western officials when Mikhail Khodorkovsky and other oligarchs, with the help of crooked President Boris Yeltsin, were appropriating Russian national oil and mineral wealth for kopeks on the ruble.

A Khodorkovsky company ran an auction at which a Khodorkovsky shell company won Yukos, paying $309 million for a controlling 78 percent. Months later, Yukos traded on the Russian stock exchange at a market capitalization of $6 billion.

Offshore Scorecard: NY Times gets the headline wrong

March 25, 2007

Swiss travel the world to help mega-rich evade taxes

The NY Times headline yesterday said, “Discreet Swiss Banks Now Offering Sophisticated Investment Vehicles.” Swiss Further down, the story noted that Geneva has becomes an “aggressive haven for the global elite.” And, “Now the Swiss can be found throughout the world, selling more sophisticated investment vehicles to attract high-net-worth individuals, mostly multimillionaires.”

So what is the real story about? The headline should have been, “Discreet Swiss travel the world to help the mega-rich evade taxes.”
How else has bank-secrecy Switzerland, with only 7.5 million people, become the third-largest asset manager in the world, after the United States and Britain, with global banking assets under management of $5.5 trillion?

Watch for Congressional action on tax evasion

Feb 2, 2007

There is movement on the Hill to go after tax shelters and enforcement against tax cheats. Capitol

With acute budget pressures, the time is ripe.

The Democrats are in a box. They have promised to eliminate the deficit, not raise taxes, to expand health care and more for Americans. Nobody is going to press for tax increases. The only place to find cash is the tax gap, to figure out how to go after the corporations and people who cheat. Members of Congress are actively talking about the problem.

Legislation is coming out of the Senate. Senator Carl Levin is pushing the idea of criminalizing the proceeds of tax evasion, which would be remarkable. The House Banking Committee will have bills. There is likely to be something out of Finance and Ways and Means.

Exclusive: Confessions of a Citibanker

Is Citibank Spain a tax cheat?
New Internationalist, Aug 2006
Citigroup

With help from a whistleblower, I followed the money trail through the offshore operations of Citigroup, the world‘s biggest bank, and discovered that Spanish bankers handling their client’s offshore accounts were getting commissions via an internal accounting system instead of on the regular books.

It is the same internal system that Citigroup used in the 1970s to compensate currency traders in Paris, London, Frankfurt and elsewhere who booked trades in the tax haven Nassau, the Bahamas. They were exposed by an insider, were investigated by the SEC and Congress, and had to pay millions in back taxes. Is this happening again?

Citigroup: a culture and history of tax evasion

This report describes and details a history of tax evasion by the world‘s largest
financial conglomerate, Citigroup. Going back decades, it is a story of
repeated, aggressive tax evasion for itself and clients, depriving governments
and therefore citizens of huge amounts of funds and carried out with relative
impunity.

Yukos Kingpin on Trial

CorpWatch, May 10, 2005

In mid-May a Moscow court will issue a verdict in the trial of Mikhail Khodorkovsky, the figure behind Yukos Oil, who was once known as Russia’s richest man. Khodorkovsky, who a few years ago was worth more than $15 billion, is on trial for fraud and tax evasion, much of it made possible through the use of offshore shell companies.

Khodorkovsky has been in prison since 2003, when he was charged with embezzlement and for rigging a privatization auction of the petrochemical company, Apatit. Some critics argue that Khodorkovsky is being held up as a symbol of Russia’s ruling class of exorbitantly wealthy businessmen, and that his trial is politically motivated.

But Western corporations and, by extension, the Western media may in fact be equally motivated to obscure the facts and make Khodorkovsky into a capitalist martyr.

Tax Activists: Big Business Must Pay Its Fair Share

Pacific News Service – April 12, 2005

A new global movement is tracking the increasing number of offshore tax shelters and pressuring governments to make multinationals pay up.

As Americans fret over their personal income taxes, there is a movement afoot to reduce the tax burden on ordinary people by getting corporations and wealthy individuals to pay their fair share.

Last month, the Tax Justice Network (www.taxjustice.net/) issued a report based on publicly available statistics from the Bank of International Settlements and Merrill Lynch, the investment company. The data showed the following:

–Approximately $11.5 trillion of assets are held offshore by high net-worth individuals, or about a third of the total global GDP, the value of goods and services, which in 2003 was $36.2 trillion.

–The annual income that these assets might be expected to earn amounts to $860 billion annually.

–The tax not paid as a result of these funds being held offshore would exceed $255 billion a year.

Bringing Business Back Ashore: Buenos Aires issues world’s first ban on offshore shell companies

Bringing Business Back Ashore: Buenos Aires issues world’s first ban on offshore shell companies

CorpWatch, April 4, 2005

In December of 2004, there was a horrific fire in a Buenos Aires disco called the Cromagnon Republic. Three rock fans shot off flares that set fire to the ceiling and engulfed the overcrowded discotheque in flames and smoke. In the rush to get out, 200 people were killed and 700 injured, most from trampling and smoke inhalation. The main entrance had been wired shut, and some of the emergency exits were locked, blocking escape.

In the days that followed, thousands of the victims’ parents and friends marched in the streets and demanded justice. A judge started proceedings for manslaughter and froze $20 million belonging to the owner, Omar Chaban. However, investigators soon discovered that Chaban appeared in no official disco documents; he was just the administrator. The legal owners of the property and the disco company were offshore shell corporations registered in the tax haven of Uruguay, the neighboring country. The listed owner of the enterprise was a Uruguayan straw man in his 70s who had no money.

Profit Laundering and Tax Evasion: The Dirty Little Secret of Financial Globalization

Dissent Magazine, Spring 2005

The debate about cutting taxes for corporations and the wealthy is a false one. The issue is not whether transnational corporations and the very rich benefit from tax cuts, but that many of them walk away from all taxes. A General Accounting Office report found that between 1996 and 2000, 61 percent of all U.S. companies paid zero federal taxes. They accomplish this primarily through profit laundering, a phrase that ought to be on the lips of every social critic.

The Fall of a Titan

AlterNet, March 17, 2005.

Maurice Hank Greenberg, one of the world‘s richest men, and head of AIG, one of the world‘s largest financial companies, was forced to resign this week as prosecutors closed in on him and the company.

Given his economic and political power, the fall of Maurice Hank Greenberg, the 59th richest man in America and CEO of the American International Group (AIG), the world’s second-largest financial conglomerate (after Citigroup), is stunning.

Take The Money And Run Offshore

AlterNet, Dec 22, 2004

How insurance companies are aiding tax evasion by over-charging in America and shipping the money to offshore firms.

Terry Mills was working in Wilmington, DE, for J. Montgomery, one of the largest insurance agencies in the region, when in 1993 he was called in to get to the bottom of a messy insurance problem. Little did he know that he would uncover a story – as yet unreported – about tax evasion through offshore firms, but with a twist. The scheme Mills came across seemed to be taking place with the aid of AIG, a major U.S. insurance giant.

Cooking the Insurance Books

Cooking the Insurance Books

Nov 2004 – Insurance giant AIG, run by powerful international financial player Maurice Hank Greenberg, has used offshore structures in Barbados and Bermuda to circumvent or violate U.S. state laws regarding reinsurance in a way that based on evidence about one crooked client, allows them to evade taxes.

Rich Dodge Taxes Says Bush – A Flash of Honesty or Another Slip of the Tongue?

Pacific News Service, Sept 9, 2004

When none other than President George W. Bush announces that the real rich dodge taxes, is that an inadvertent flash of honesty about the shady secrets of offshore shell companies and tax shelters? The administration is tying itself up in knots to dodge the significance of his statement.

The real rich dodge taxes and small business owners pay the burden. Does that sound like a radical-liberal denunciation of privilege by candidate John Kerry?

Guess again. It‘s a pronouncement by President Bush.

Study: “Russia loses $9 billion through phony import – export priced trade with the United States”

The Russia Journal, July 1, 2004

Three U.S professors, analyzing import and export transactions between Russia and the U.S., have found that phony prices led to as much as $8.92 billion in capital flight from Russia to the U.S. in 1995-1999.

Even with calculations providing the most conservative estimate, at least $1.86 billion illegally left Russia during that period. Assuming a 25 percent average tax rate, the lower figure would mean nearly half a billion dollars in illegal tax evasion, and the higher one more than $2 billion in taxes lost, just in trade involving the U.S.

How Big Business Evades Taxes

Pacific News Service, April 9, 2004

As states and municipalities reel from service cutbacks caused by lower tax earnings, big corporations pay virtually no taxes on huge profits. They do it though elaborate “shell” games.

Were you stunned by the revelation, days before your taxes are due, that nearly two-thirds of companies operating in America reported owing no taxes from 1996 through 2000? That over 90 percent of large corporations — with at least $250 million in assets or $50 million in gross receipts — reported owing taxes of only under 5 percent?

Offshore Banking: The Secret Threat To America

Hound-Dogs, March 2004
(Same title but not same article as in Dissent 2003)

This is a story about a massive money-laundering operation run by the world‘s biggest banks. It hides behind the “eyes-glazing over” technicalities of the international financial system. But it could be one of the biggest illicit money-moving operations anyone has ever seen. And it‘s allowed to exist by the financial regulators who answer to Western governments.

In these days of global markets, individuals and companies may be buying stocks, bonds or derivatives from a seller who is Clearstreamhalfway across the world. Clearstream, based in Luxembourg, is one of two international clearinghouses that keep track of the “paperwork” for the transactions.

Legal problems for Alexei Golubovich in Switzerland

Legal problems for Alexei Golubovich in Switzerland

Dec 2003

Alexei Golubovich, longtime partner of Mikhail Khodorkovsky, is the target of legal action in Switzerland by his former associate Yelena Collongues-Popova and is being investigated by a Geneva judge on her charge of forgery.

Golubovich has not been indicted by Russian prosecutors, though they are interested in talking to the former Yukos finance director who has reportedly fled to London. However, he could be indicted by the Swiss.

Collongues-Popova, who for half a dozen years ran some 30 offshore companies for Golubovich, got a court order in Switzerland that froze $4.2 million she says represents loans he owes a company she owns. Swiss investigative magistrate, Claude Wenger, is looking into her criminal complaint that Golubovich forged her signature to avoid paying the loans.

Criminal complaint filed against Khodorkovsky, Lebedev, and Golubovich in Switzerland

Criminal complaint filed against Khodorkovsky, Lebedev, and Golubovich in Switzerland

The Russia Journal, Nov 28, 2003

Two ex-bankers on Wednesday, Nov. 26, filed a criminal complaint with the Swiss attorney general against Mikhail Khodorkovsky, Platon Lebedev, and Alexei Golubovich, accusing them of money laundering and support for a criminal organization.

The Russia Journal has obtained a copy of the report. The Journal asked Yukos press office to comment on the charge but no comments were received.

The former bankers have requested the federal officials in Switzerland to open an investigation into the charges and to search the records of the Swiss offices of Menatep SA, Menatep Finances SA and Valmet (in liquidation) and of Bank Leu related to investigate claims of fraud against the Russian company Avisma and money laundering by Menatep in Switzerland.

Menatep paper trail

Menatep paper trail

The Russia Journal, Nov 5, 2003

The charges against key shareholders in Yukos are enormous and very varied in scope. The Yukos tale is a long, complex and controversial one, requiring lengthy and painstaking substantiation. Public interest in the Yukos controversy is very high.

However charges and counter charges, mostly of a political nature, are being flung so wildly about in the media that The Russia Journal believes it essential at this stage to focus on the evidence in the accusations against Mikhail Khodorkovsky and his partners. His innocence of the charges that have been filed against him must be presumed until a competent trial is held.

Those who support his innocence of the charges are invited to review and comment on this, the first in a Russia Journal series on the case against him and others in Menatep Group.

The richest crook in Russia

The richest crook in Russia

Nov 2003

A business group headed by Russia’s richest man, Mikhail Khodorkovsky, who was arrested in October for allegedly defrauding the state of $1 billion, stashed money in offshore centers, including Switzerland, Luxembourg, the British Virgin Islands, the Seychelles, Panama and the Bahamas, according to Yelena Collongues-Popova, who worked for one of Khodorkovsky‘s associates. Lucy Komisar, a New York investigative reporter, interviewed Collongues- Popova. This is her story.

PARIS — A French woman of Russian origin, with thousands of papers related to the Menatep business group and its offshore banking and dealings over the past decade, has been providing information to Russian prosecutors who are building a case against oil tycoon Mikhail Khodorkovsky, the richest man in Russia, who was arrested in October for tax evasion.

She says she set up numerous offshore companies and bank accounts in the Caribbean and Europe to help the Menatep group cheat Russian company shareholders and tax authorities. Her registered agent in the Caribbean was Icaza Gonzalez Ruiz and Aleman in the British Virgin Islands and Bahamas, against which she now has a legal action. She says she used Bank Leu (Bahamas), a subsidiary of Bank Leu, Geneva, to deposit funds in fiduciary accounts to have the benefit of withholding tax exemptions.

Taking Stock: Unions join fight against offshore corporations

In These Times, Jan 17, 2003

Trade unions, workers‘ pension funds and state officials are taking the lead in a campaign to prevent companies from reincorporating in Bermuda and other tax havens”and to bring back those who‘ve already gone.

Arguing that offshore registrations allow corporations to evade taxes, reduce shareholder rights and threaten the security of investments, the AFL-CIO, individual unions and pension funds such as California‘s Public Employees Retirement System (CalPERS) are filing shareholder resolutions and going to court against companies that move their paper headquarters offshore, where corrupt corporate executives have an easier time cooking the books.