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Showing posts with label haven. Show all posts
Showing posts with label haven. Show all posts

Sunday 5 December 2021

Fraudsters of the world, come to London. And bring your dirty money

Kleptocrats love this country, knowing full well they’ll be free from proper scrutiny writes Nick Cohen in The Guardian

‘No one can say how many in the UK are living off immoral earnings.’ Illustration: Dominic McKenzie/The Observer 



There is no better representation of the decline of the English upper class into the global rich’s servant class than Ben Elliot. On the one hand, the co-chairman of the Tory party is now a rent collector, hauling in money for the Johnson administration from the Russian rich and native hedge fund bosses.

On the other, he is an actual servant: an upmarket flunkey, to be sure, praised by society magazines for his “puppyish schoolboy charm”, but a flunkey nonetheless. Elliot is a founder of the Quintessentially “concierge” service that gives the super-rich anything they want: luncheon on an iceberg; the Sydney Harbour bridge closed for a wedding proposal. There’s nothing Elliot won’t do for paying customers up to and including arranging a meeting with our future sovereign. Camilla, Duchess of Cornwall, is Elliot’s aunt and it appears that no considerations of good form or good manners have prevented him monetising the connection. Not that the prince appears to mind. A Quintessentially advert interrupts a montage of shots of yachts and celebrities to quote his royal highness as saying he is “particularly grateful” to Quintessentially for organising a party he attended. Members of Elliot’s Quintessentially club donate to the Conservatives. The Conservatives gave Elliot £1.4m of taxpayers’ money in 2016 to “attract the right high-value individual investors to the UK through bespoke programmes”. If on arrival, those high-value individuals went on to show how valuable they were by hiring Quintessentially and donating to the Tories, the circle would be complete.

Upstairs has moved downstairs in the remains of the Tory day and a large segment of British capitalism is now employed as the best servants money can buy. The law, PR, City, estate agency and banking know that easy riches come from serving the large part of the world where it pays to forget Balzac’s warning that the secret of a great fortune no one can explain is invariably an undetected crime. For want of an agreed name I propose “Corruptistan” to cover Russia and the ex-Soviet states, the kleptocracies of Africa and the Middle East and probably soon China as the communist elite learns how to expatriate its wealth. 

Given the secrecy of the financial system, the defunding of the police and regulatory authorities and the English libel law, no one can say how many in the UK are living off immoral earnings. But two statistics and one quotation give us a measure of the UK’s dependency culture. Graeme Biggar, of the National Economic Crime Centre, said a “disturbing proportion” of criminal money from the old Soviet Union is “laundered through UK corporate structures”. Companies House, meanwhile, has become a front organisation for organised crime. So welcoming is it to criminals that 335,000 of its listed companies do not reveal the name of their beneficial owners. And 4,000 of the names it appears to reveal turn out on close inspection to belong to children aged two or under.

Last month, Professor Sadiq Isah Radda, a Nigerian anti-corruption official, encapsulated the consequences of the UK’s tolerance of theft. An opponent of corruption in Nigeria, home to countless online scams? A joke figure, you might think. But Radda spoke with a seriousness no government minister can muster when he said the UK was “the most notorious safe haven for looted funds in the world today”. The corruption we facilitate destablised Nigeria and, he might have added, many other countries besides.

Last week, a handful of MPs asked why the Conservatives were so peculiarly soft on this particular crime. In 2017, they promised a law that would compel the foreign owners of UK property to reveal their identities. (The willingness to allow private and state criminals to launder their wealth anonymously through the prime London property market was Radda’s main charge against Boris Johnson.) Nothing has been heard of this bold “anti-corruption strategy” since.

Likewise, the government has said it wants to stop Companies House being a crime scene where anyone can set up a firm without proof of identity or the most cursory checks. Even the Conservative party appeared to agree that it should not be harder to apply for a passport than to set up a shell company. But once again nothing happened.As for the recommendations in the Russia report on money laundering, they vanished as soon as they were made.

The SNP’s Alison Thewliss asked: “I wonder who benefits from this delay. Is it the oligarchs and those to whom they donate?” Pat McFadden, Labour’s shadow chief secretary to the Treasury, asked Conservative MPs why they thought “their party has been such an attractive destination” for £2m in gifts from Russian donors.” Change must come soon or not at all. Britain has benefited so greatly from the wealth of the corrupt we may soon be at the stage where we cannot afford to clean ourselves up. So many people are making so much money, what was once outrageous has become normal. This to my mind is why the security services and the judges just shrug when oligarchs with links to hostile foreign powers use the intimidatory costs of England’s unreformed legal system to menace critics. No one likes hard questions about a nation’s guilty secrets, not even the men and women who are professionally obliged to ask them. Labour certainly believes that tolerance of fraud is now part of the government’s economic strategy and the Treasury wants to loosen what few protections exist to compensate the financial services industry for the Brexit debacle.

Cynical readers may not care as long as the UK can wallow in streams of hot money. They should recall how many times con artists have tried to fleece them. Online fraud is the crime you are most likely to suffer from, yet nowhere in the government’s online safety bill is there a word about fighting the fraudsters who flourish on social media platforms. Once the Tories started turning a blind eye, they found it impossible to stop.

You cannot profit from economic crimes committed abroad while enjoying the rule of law at home. The presence of the global plutocracy’s valets at the top of government and society shows the UK no longer even bothers to pretend that it can.

Thursday 10 September 2020

The UK is one of the most corrupt nations on Earth

Fortunes are being made by political favourites, while Brexit could cement London’s reputation for money laundering writes George Monbiot in The Guardian


‘Awarding coronavirus contracts to unusual companies, without advertising, transparency or competition now appears to have been adopted as the norm.’ Photograph: Andrew Milligan/PA


Fear, shame, embarrassment: these brakes no longer apply. The government has discovered that it can bluster through any scandal. No minister need resign. No one need apologise. No one need explain.

As public outrage grows over the billions of pounds of coronavirus contracts issued by the government without competition, it seems determined only to award more of them. Never mind that the consulting company Deloitte, whose personnel circulate in and out of government, has been strongly criticised for the disastrous system it devised to supply protective equipment to the NHS. It has now been granted a massive new contract to test the population for Covid-19. 

Never mind that some of these contracts have reportedly cost taxpayers £800 for every protective overall delivered. Never mind that at least two multi-million pound contracts appear to have been issued to dormant companies. Awarding contracts to unusual companies, without advertising, transparency or competition now appears to have been adopted as the norm. Several of the firms that have benefited from this largesse are closely linked to senior figures in the government.

Every week, Boris Johnson looks more like George I, under whose government vast fortunes were made by political favourites, through monopoly contracts for military procurement. Any pretence of fiscal rectitude or democratic accountability has been abandoned. With four more years and the support of the billionaire press, who cares?

The way the government handles public money looks to me like an open invitation to corruption. While it is hard to show that any individual deal is corrupt, the framework under which this money is dispensed invites the perception.

When you connect the words corruption and the United Kingdom, people tend to respond with shock and anger. Corruption, we believe, is something that happens abroad. Indeed, if you check the rankings published by Transparency International or the Basel Institute, the UK looks like one of the world’s cleanest countries. But this is an artefact of the narrow criteria they use.

As Jason Hickel points out in his book The Divide, theft by officials in poorer nations amounts to between $20bn and $40bn a year. It’s a lot of money, and it harms wellbeing and democracy in those countries. But this figure is dwarfed by the illicit flows of money from poor and middling nations that are organised by multinational companies and banks. The US research group Global Financial Integrity estimates that $1.1tn a year flows illegally out of poorer nations, stolen from them through tax evasion and the transfer of money within corporations. This practice costs sub-Saharan Africa around 6% of its GDP.

The looters rely on secrecy regimes to process and hide their stolen money. The corporate tax haven index published by the Tax Justice Network shows that the three countries that have done most to facilitate this theft are the British Virgin Islands, Bermuda and the Cayman Islands. All of them are British territories. Jersey, a British dependency, comes seventh on the list. These places are effectively satellites of the City of London. But because they are overseas, the City can benefit from “nefarious activities … while allowing the British government to maintain distance when scandals arise”, says the network. The City of London’s astonishing exemption from the UK’s freedom of information laws creates an extra ring of secrecy.

The UK also appears to be the money-laundering capital of the world. In a devastating article, Oliver Bullough revealed how easy it has become to hide your stolen loot and fraudulent schemes here, using a giant loophole in company law: no one checks the ownership details you enter when creating your company. You can, literally, call yourself Mickey Mouse, with a registered address on Mars, and get away with it. Bullough discovered owners on the Companies House site called “Xxx Stalin” and “Mr Mmmmmm Xxxxxxxxxxx”, whose address was given as “Mmmmmmm, Mmmmmm, Mmm, MMM”. One investigation found that 4,000 company owners, according to their submitted details, were under the age of two.

By giving false identities, company owners in the UK can engage in the industrial processing of dirty money with no fear of getting caught. Even when the UK’s company registration system was revealed as instrumental to the world’s biggest known money-laundering scheme, the Danske Bank scandal, the government turned a blind eye.

A new and terrifying book by the Financial Times journalist Tom Burgis, Kleptopia, follows a global current of dirty money, and the murders and kidnappings required to sustain it. Again and again, he found, this money, though it might originate in Russia, Africa or the Middle East, travels through London. The murders and kidnappings don’t happen here, of course: our bankers have clean cuffs and manicured nails. The National Crime Agency estimates that money laundering costs the UK £100bn a year. But it makes much more. With the money come people fleeing the consequences of their crimes, welcomed into this country through the government’s “golden visa” scheme: a red carpet laid out for the very rich. 

None of this features in the official definitions of corruption. Corruption is what little people do. But kleptocrats in other countries are merely clients of the bigger thieves in London. Processing everyone else’s corruption is the basis of much of the wealth of this country. When you start to understand this, the contention by the author of Gomorrah, Roberto Saviano, that the UK is the most corrupt nation on Earth, begins to make sense.

These activities are a perpetuation of colonial looting: a means by which vast riches are siphoned out of poorer countries and into the hands of the super-rich. The UK’s great and unequal wealth was built on colonial robbery: the land and labour stolen in Ireland, America and Africa, the humans stolen by slavery, the $45tn bled from India.

Just as we distanced ourselves from British slave plantations in the Caribbean, somehow believing that they had nothing to do with us, now we distance ourselves from British organised crime, much of which also happens in the Caribbean. The more you learn, the more you realise that this is what it’s really about: grand larceny is the pole around which British politics revolve.

A no-deal Brexit, which Boris Johnson seems to favour, is likely to cement the UK’s position as the global entrepot for organised crime. When the EU’s feeble restraints are removed, under a government that seems entirely uninterested in basic accountability, the message we send to the rest of the world will be even clearer than it is today: come here to wash your loot.

Friday 25 May 2018

How Britain let Russia hide its dirty money

For decades, politicians have welcomed the super-rich with open arms. Now they’re finally having second thoughts. But is it too late? By Oliver Bullough in The Guardian


In March, parliament’s foreign affairs committee asked me to come and tell them what to do about dirty Russian cash. As a journalist, I’ve spent much of my career writing about financial corruption in the former Soviet Union, but the invitation came as something of a surprise. After all, ever since I was at school in the 1990s, British politicians have welcomed Russian money to our shores. They have celebrated when oligarchs have bought our football clubs, cheered when they’ve listed their companies on our Stock Exchange. They have gladly accepted their political donations and patronised their charitable foundations.

When journalists and academics pointed out that these murky fortunes could buy influence over our democracy and undermine the rule of law, they were largely dismissed as inconvenient Cassandras warning MPs to beware Russians bearing gifts. But earlier this year, after the poisoning in Salisbury of the former spy Sergei Skripal and his daughter Yulia, those little-heeded prophecies jumped straight into the pages of Hansard. “To those who seek to do us harm, my message is simple: you are not welcome here,” Theresa May told the House of Commons on 14 March, in a speech that blamed Russia for the attack. “There is no place for these people, or their money, in our country.”

Britain’s entire political class joined the prime minister in this screeching handbrake turn. MPs who had long presented the nation’s openness to trade as a great virtue suddenly wanted to be seen as tough on kleptocrats, tough on the causes of kleptocrats. Having allowed so much Russian money into Britain, these MPs were now seized with concern that Vladimir Putin might, through his power over his nation’s super-rich, be able to influence our institutions. Were we selling Putin the rope with which he would hang us, they wondered.

That is why, on 28 March, I took a seat in committee room six, a chamber high up in the Palace of Westminster, with heavy furniture, a view over the River Thames, and a carpet like a migraine. The foreign affairs committee exists to monitor the work of the Foreign Office – essentially, to keep an eye on Boris Johnson – but its members can investigate any subjects they choose. This time, they had chosen to look into the money Putin and his cronies hold in Britain and its overseas territories, with a view to exploring fresh opportunities for sanctions.

I had brought along a list of things I wanted to talk about: how we should improve our defences against money laundering; how we need transparency about who owns property; how MPs themselves must stop taking money from dodgy ex-Soviet oligarchs if they want others to do the same.


Oliver Bullough talking to the the Foreign Affairs Committee in March. Photograph: parliamentlive.tv

But the first question, from Priti Patel, the former international development secretary, threw me: “Can you give the committee a sense of the scale of so-called ‘dirty money’ being laundered through London?” she asked.

It is a vast question, worthy of a book in itself, and one that even the National Crime Agency would struggle to answer, let alone me. Then came her second question: “What assets has that hidden money gone into?”

I tried my best – I mentioned property, private schools, luxury goods – but I think she and I both knew I’d fluffed it. I should have brought along specific examples, with times and dates and names. The embarrassing truth is that, although I have written about Russia and its neighbours for two decades, during which I have increasingly specialised in analysing corruption, it had never really occurred to me to ascertain precisely how much stolen Russian money had found a home in the UK, or to chart exactly where it had ended up.

If someone like me had been this culpably incurious, it is hardly surprising that politicians with dozens of other priorities have had to scramble to understand what we’re facing. But for the past couple of months, I have belatedly tried to discover an answer to the foreign affairs committee’s questions.

It turns out that the situation is even more worrying than I had suspected.
One way to begin investigating exactly how much Russian money there is in Britain – and how much of it is dirty – is to look at the official data. According to Russia’s Federal State Statistics Service, at the end of September, Russian investors held financial assets in the UK worth a total of $3.5bn (£2.6bn). Our own Office of National Statistics provides a broader measure of all Russian investment in the UK, and assessed it – at the end of 2016 – at £25.5bn.

That seems like a lot of money but, on a national scale, it’s small change. Investors from Finland alone have a stake in Britain worth twice that much, and we don’t lose sleep over the Finns destabilising our democracy. Sadly, the statistics are telling a misleading story. Russian money that moves through another jurisdiction before arriving in Britain isn’t counted as Russian and, since the overwhelming majority of money that enters and leaves Russia does so via tax havens such as Cyprus and the Bahamas, this means the official figures reflect only a small portion of the money the MPs were interested in.

Over the past decade, £68bn has flowed from Russia into Britain’s offshore satellites such as the British Virgin Islands, Cayman, Gibraltar, Jersey and Guernsey. That’s seven times more money than has flowed directly from Russia into the UK. (On top of that, some £94bn has poured out of Russia into Cyprus, £13bn into Switzerland, and £23bn into the Netherlands, which has its own network of tax havens.)

This wealth is not actually in the offshore centres – it is just registered there, which helps to obscure its origins. If you’re a Russian official whose wealth is wildly disproportionate to your salary, this anonymity allows you to spend your money in London without anyone realising you’re a crook. The French economist Thomas Piketty estimates that more than half of Russians’ total wealth is held offshore in this manner – some $800bn (£597bn) – and by a tiny number of people, perhaps just a few hundred. “Rich Russians live between London, Monaco and Moscow,” Piketty wrote in a blogpost in April. “Post-communism has become the worst ally of hyper-capitalism.”

This means that there is not a single sewer pumping dirty Russian cash into the UK to which we can attach a meter, so as to measure its output. Instead, the cash is diluted into the great tidal flows of liquid capital that pour in and out of the City of London every day, from every corner of the globe. The ordure churned out by Russian crooks and kleptocrats is thus, thanks to the skilled attentions of the tax havens’ best brains, indistinguishable from ordinary investment.

Gorey harbour in Jersey, a UK crown dependency and international finanical centre. Photograph: Brian Lawrence/Getty Images

One of the few studies to forensically address this phenomenon came from analysts at Deutsche Bank, who, in 2015, looked at discrepancies in the records of money that flows into and out of the UK, and concluded that since the early 1990s, £133bn had arrived here without ever being publicly accounted for. They estimated that “less than half” of that sum was likely to be Russian, which means that Russians could have secret holdings here of up to £67.5bn, on top of the officially declared figure. (That is still a small amount compared with the holdings of German, American or French investors.)

So whose money is this? How is it getting here? The bank’s analysts didn’t look into that question. However, had they wanted to, they could have walked down the hall and asked their colleagues, since it turned out that Deutsche Bank itself was a significant culprit in spiriting money out of Russia without informing the authorities. Less than two years after the report – called Dark Matter – was published, Deutsche Bank traders in Moscow were caught secretly moving $10bn (£7.5bn) of their clients’ money out of Russia by illegally exploiting the stock market. (As a result, the bank had to pay finesof $425m (£317m) in the US and £163m in the UK.)

With institutions as sophisticated as Deutsche Bank working to hide Russian money, it is unsurprising that the total amount in the UK remains vague. So there is no real answer to the foreign affairs committee’s first question, except to say that the volume of Russian money in Britain is far larger than the official statistics would have us think.

There are two reasons why we should be worried about this. The first is the low-probability but high-impact chance that Putin is hiding money here in the financial equivalent of sleeper cells, ready to slip out and buy influence when a crisis comes. The second is more significant: no one steals money if they can’t keep it. By letting Putin’s allies launder their stolen fortunes, and hide them in our country, we are drawing a line under their crimes, and rewarding them for actions we should not be condoning. Do we really want Britain to be the Kremlin’s fence?

To attempt an answer to Priti Patel’s second question – what assets has all this money gone into? – we need to look at how wealthy Russians responded to the collapse of communism. They chose to spend their newly freed money on assets they had long been denied, and ones that could not be taken away from them. Above all, they bought luxury goods and property outside their own country, particularly in London.

In early 1993, rich Russians were enough of a novelty for the Independent to report that three of them had bought flats in Kensington – at prices between £200,000 and £320,000 – under the headline “Property – a haven for rich refugees”. A month later, a Russian tycoon dropped £1.1m on a house in Hampstead, and then bought all the contents, too. “All he took into the house were four televisions and a vanload of carrier bags from Harrods,” an estate agent told the Evening Standard.

Those purchases were the first ripples of a tsunami of wealth that crashed over the whole south-east of England, with spectacular consequences. In 2013, an analysis by the estate agency Knight Frank estimated that almost a tenth of all buyers at the top end of the London market came from the former Soviet Union, while rival estate agents Savills calculated that Russians like to buy the biggest houses of any group of purchasers. Average house prices in Kensington have risen eightfold over the past two decades, at least partly thanks to the influx from Russia.
The poster boy for ostentatious expenditure has been the oligarch Roman Abramovich, who bought Chelsea football club in 2003. But even his London house – valued at £125m – was second division in the spending league. In April 2011, a Ukrainian bought the world’s most expensive flat – the penthouse at One Hyde Park – for £136.4m. Five months later, a Russian bought Park Place, a stately home near Henley-on-Thames, for £140m. Russians who acquired homes valued merely in the tens of millions barely deserved notice.

Among those lesser buyers was a banker called Grigory Guselnikov, a boyish 42-year-old who moved to London in 2008. He and his family came on tier 1 investor visas, which provide successful applicants with residency in exchange for an investment (of, at the time, £1m) in government bonds. In the eight years to September 2015, Russian citizens made up 764 of the 3,396 people who paid for these so-called golden visas – making them the second largest group of applicants, after Chinese citizens. This arrangement brought in around £800m of Russian investment, but the flow dropped markedly after April 2015, when the UK authorities began to check the origin of the money used to buy these government bonds. Once rigorous checks were put in place and the price of the visa was doubled, the number of applications fell sharply. In the final quarter of last year, just 16 Russians applied for a golden visa.

Guselnikov believes that politicians’ sudden panic about Russian money in Britain is misplaced. When we met in his office in a grand terraced house on Grosvenor Square, he began by pointing out that Russian money had less influence over British business than people think. “I can’t recall any big enterprise controlled by Russians, or any big company. They open restaurants, wine shops, they buy luxury stuff like football clubs.

“Where the impact is significant is real estate,” Guselnikov continued. “And primarily real estate in London.” His most high-profile investment was the shop that houses the Rolex concession on the ground floor of One Hyde Park, which he bought in 2011 for £12m (and sold for £20m three years later), and which demonstrates the peculiar dynamics at the top end of the property market, where the price of residential property is inflated beyond any conceivable income it could generate. “There is a shop, with advertising, 300 sq metres and the price is £12m. The flat above has no advertising, no shop, no ability to make money; it’s the same size, 300 sq metres, and cost £25m. The shop was two times cheaper than the flat, that was really funny,” he said, with a laugh.

His second point was that it was a misconception to think Russians are Machiavellian masterminds buying up slabs of Britain in order to undermine us from within. “You have to understand why people buy real estate abroad – they see it as their pension, they want to diversify the risk. In Russia, you have to be ready to lose everything, you never know what will happen,” he said. “They just spend money here. They don’t invest, they spend.”

One reason the Russian super-rich come to Britain, Guselnikov said, was for education. His own children attended private schools, although they now have British passports, so they were not counted among the 2,806 Russian children attending schools surveyed by the Independent Schools Council last year. By multiplying that total with the average fees parents pay, we can calculate that a minimum of £48.3m comes to Britain’s private schools each year from Russia.

Guselnikov said banks had become more stringent in their checks on the provenance of money in the last few years, so it was unlikely that significant flows of dirty money were entering the UK from Russia any more. But he conceded things had been different in the past. “If any dirty money is invested in UK property, it was before 2008; or before 2011 at the latest, not now. I don’t think the UK’s attractive any more, I don’t think it’s possible any more,” he said.

It may well be that, as Guselnikov said, many honest Russian businesspeople have indeed been behind these purchases of London property. However, thanks to tax havens and skilled enablers from the world’s major financial institutions, their money has been mingled with the proceeds of theft, bribery and corruption. Imagining that Britain will be unscathed by this influx is the macro equivalent of letting a kidnapper, a bent copper, and a heroin trafficker move into your village, and still expecting warm chats at the school gates.

Transparency International published a report last year, which, relying only on public sources of information, identified 160 properties in the UK, together worth £4.4bn, that had been bought by what it called “high-corruption-risk individuals”. Most of those properties were in London, and half of them were within three miles of Buckingham Palace – and that is just a fraction of the true total. “There is currently no credible deterrent in place for money-laundering failings from estate agents,” the report noted.

Two years ago, a former fund manager called Bill Browder gave evidence to parliament’s home affairs committee in which he revealed how $30m (£22m) that had been stolen from the Russian state by a group of corrupt police officers and officials had come to the UK, via 12 different banks, and been spent on an array of luxury goods: $176,000 went on chartering a private jet; $192,000 on redecorating a yacht; $20,000 on private school fees; $41,000 on a wedding dress; $295,000 to pay off an exclusive women-only credit card that offers “the most privileged and luxurious service”.

Browder, who was born in the US but is a British citizen, ran a successful Moscow-based fund until 2007, when the corrupt officials fraudulently claimed ownership of two of his investment companies. They realised that, by fiddling the books, they could claw back the $230m in taxes that he had paid on the year’s profits, which is what they did. The $30m that ended up in the UK derived from this act of grand larceny. When Browder’s lawyer Sergei Magnitsky exposed the fraud, he was arrested and detained in jail, where he was beaten and denied treatment for pancreatitis until he died. Browder has devoted the years since Magnitsky’s death to seeking justice for his lawyer, and punishment for those responsible. He employs a team of forensic accountants, who have traced the movement of the money that was stolen from the Russian budget.

The spending that he described to parliament fitted the pattern laid out by Guselnikov: it was being blown on luxury goods, rather than being invested to win influence over British politics or society. But that doesn’t mean we shouldn’t be concerned about it. This money should have been paid as taxes and spent on hospitals, schools and other services in Russia. Instead, it had been stolen from taxpayers and splashed on an absurd array of goodies. This is the kind of money Britain has been happily fencing for decades. Even now, British MPs only seem to care about it because its owners might harm our national security, rather than because it should be returned to the people it was originally stolen from.

Browder told the home affairs committee that he had traced chunks of the stolen money to 11 other countries – including France, Switzerland and the US – and investigators in every one of those countries had opened criminal cases based on the information he provided. But in Britain – where he had spoken to the Metropolitan police, the Serious Organised Crime Agency (now part of the National Crime Agency), the Serious Fraud Office, and HMRC – he had been turned away every time.

Why was Britain the only country that declined to act on the information Browder provided? His conclusion was that too many influential people – lawyers, bankers, accountants, property developers – were dependent on dirty Russian money for their livelihoods. “If that money was stopped,” he said in 2016, “certain people would find themselves without businesses, and I think those people have political weight in this country.”

Many British institutions have indeed accepted donations from wealthy Russian businesspeople: Sadiq Khan’s City Hall from Elena Baturina, whose husband was mayor of Moscow; the Conservative party from Lubov Chernukhin, whose husband was one of Putin’s ministers, and who paid £160,000 to play tennis with Boris Johnson and David Cameron in 2014.

 
Prime minister David Cameron with Russian president Dmitry Medvedev in Moscow in 2011. Photograph: Stefan Rousseau/PA

But it is not venal politicians who are stopping British police conducting investigations into the laundering of Russian money in the UK. According to Tristram Hicks, who was the detective superintendent in charge of economic crime at the Met until 2009, and who now acts as a freelance consultant to police forces around the world, the problem is far more serious than that.

In order to prosecute a foreign crook in Britain, you need to prove their money originated in a crime of some kind, and that requires evidence from overseas. Essentially, if you want to prosecute a Kremlin insider, you need evidence from the Kremlin, which naturally it will not provide, and that stops investigations from progressing. And this is not just a British problem. After France, Switzerland and the Netherlands received information from Browder that some of the stolen $230m had been spent in their countries, they froze the assets in question – but their criminal investigations are yet to secure convictions. Only US prosecutors have managed a result, and even that was just an out-of-court settlement, without an admission of guilt by the defendant. “You cannot underestimate the technical hurdle that is bringing the evidence to a British standard for a British court,” Hicks said.

That isn’t the only obstacle to investigating money laundering. Given that all wealthy Russians have political connections – otherwise, they wouldn’t be wealthy – if the UK does gain cooperation from Russian investigators in a prosecution, the defendant will invariably claim, often with good reason, that he is being politically persecuted, which allows his lawyers to discount the evidence being used against him.

Take Andrey Borodin, the owner of that £140m house in Henley-on-Thames. He arrived in Britain in 2011, pursued by Russian charges of having defrauded his own bank. Borodin insisted the charges were politically motivated, and gained asylum here. Had prosecutors brought charges in the UK, his lawyers could have discounted any evidence from Russia as the revenge of political rivals, and Hicks conceded this would essentially doom the prosecution’s case. “That’s hard to argue against,” he said.

There is also a third difficulty that Hicks didn’t address, which is just as serious. If a wealthy, ruthless Russian faces investigation, he can stop any chance of prosecution by killing the witnesses. This may well have been what happened to Alexander Litvinenko, who was murdered with radioactive polonium-210 in 2006, and who was working with Spanish and British authorities to expose Russian money flows. It may also explain the death of Alexander Perepilichny, a 44-year-old banker who was helping Browder’s team to understand the destination of the $230m stolen from the Russian budget, and who died while jogging in Surrey in 2012. Investigators at first thought he had suffered a heart attack, but it appears that he may have been poisoned with a rare plant extract.

In short, to bring a successful money-laundering prosecution against a wealthy Russian, officers need to win cooperation from Moscow, which is all but impossible; to convince a UK court that any cooperation that does result was not politically motivated, which is extremely difficult; and then to keep their witnesses alive, which has proven rather hard. In the circumstances, it’s not surprising that the NCA decided bringing a prosecution in the Magnitsky case was not the best use of its resources.

The amazing thing is that we have tolerated this situation for so long. Britain has consistently welcomed Russian money, and consistently ignored the warnings of those concerned about what it is buying. In March 2000, when Putin was still just acting president and had spent six months pulverising Chechnya, Tony Blair dashed to St Petersburg to be the first western leader to secure a meeting with the new man, and to urge more investment in each other’s countries.

At least Blair could claim not to have known what kind of man Putin was, but David Cameron had no such excuse. In September 2011, Cameron went to Moscow to seek business for the City of London, although most of the facts that are currently concerning MPs about Russia were already known. Litvinenko had been murdered five years previously, and Russia had given one of the Met’s suspects in the case a seat in parliament. Magnitsky had died in jail two years earlier, and his tormentors were walking free. But Cameron went to Moscow anyway.

“The whole point about trade is that we are baking a bigger cake and everyone can benefit from it and this is particularly true, perhaps, of Russia and Britain. Russia is resource-rich and services-light whereas Britain is the opposite,” Cameron told students at Moscow State University, on a trip that also involved meetings with Putin and his then placeholder president Dmitry Medvedev.

In his speech, Cameron boasted that Russian companies accounted for a quarter of share offerings on the London Stock Exchange. “Governments need to remember that businesses don’t have to invest in our country – they choose to. And we need to help them make that choice,” Cameron said. “It means minimising the burden of regulation so that business and entrepreneurship can flourish.”

With a prime minister who considered regulations on the origin of money to be a burden, it’s unsurprising that not many of them were made. This approach did not of course begin with Cameron, or even with Blair. In fact, it goes back to the mid-20th century. After the second world war, Britain was all but bankrupt, the City of London was somnolent, and economic power rested on Wall Street. City bankers wanted to get back into business, but were frustrated by the weakness of the pound, and its unsuitability as a means to finance the world’s trade.


  Vladimir Putin and Tony Blair in Downing Street in 2003. Photograph: Grigory Dukor/Reuters

Their salvation came from an unlikely quarter: the Soviet Union, which didn’t want to keep its dollar reserves in US banks. Instead, it kept them in London, where British banks began lending them to each other in an entirely unregulated market – they became known as “Eurodollars” – thus giving birth to offshore finance, and providing the City with the startup capital it needed to get back in business. By the end of the communist period, Soviet institutions routinely sent their money through Britain’s offshore territories, and the City was booming. The Central Bank in Moscow even had a shell company in Jersey, which it used to hide money from the government that it was supposedly a part of.

This is one of the problems with trying to ascertain the volume of dirty Russian money in London: how far back do we go? Do the fees Midland Bank received for banking Soviet money in the 1950s still count as Russian cash, and if so, are they dirty? Does the commission the estate agent earned by selling those flats in Kensington in the early 1990s count as dirty money? And what about the £800m that Russians paid for government bonds in return for golden visas? Or the $41,000 of Magnitsky money that was spent on a wedding dress in London? How many times does money have to circulate in the economy before we decide it’s not dirty any more?

This money is so deeply embedded in the UK that extracting it, or even identifying it, would be an unrivalled feat of investigation. “It would be impossible,” says Prem Sikka, professor of accounting at Sheffield University. “They have the big accountancy firms advising them where best to stash the money, to conceal it, to disguise it, all kind of things. The brains of this pinstriped mafia are available to everyone. They’re for hire.”

Recently, I spoke to Jon Benton, who led teams fighting dirty money at the Met and the NCA, and advised Cameron at the Cabinet Office, until his retirement in 2016. “We used to get these suspicious activity reports coming in, Russian ones, all the time. It would be for an investment or a property or a load of other things,” Benton said. “You’re looking at something that doesn’t look right, doesn’t smell right, but we had a tiny number of resources. To get caught up in some really complex Russian money-laundering case, when we weren’t going to get any assistance – you have to weigh it up. Do I try to throw lots of resources at this, when I know I’m really going to struggle to get the door open?”

Benton was optimistic about the introduction of so-called unexplained wealth orders, which came into effect in February this year. Once a UWO has been issued, property is frozen, and its owner has to respond and justify why they own it. But that will only confiscate property, Benton noted. It won’t put anyone in jail.

“The time when we might have been able to do something about this was 20 years ago, when it wasn’t particularly sophisticated, and the large sums of money were just arriving in the country,” he said. By ignoring the provenance of dirty cash, and allowing it to be spent on property, British authorities have cleansed it of its taint: it is legitimate investment now. “Unpicking all that is a real challenge. The reality is that it’s probably the hardest area to penetrate in the world.”

We don’t know how much dirty money there is in the UK, nor do we know exactly where it is, and there’s nothing we can do about it. Or rather, there’s nothing we can do about it with the laws as they stand, and without giving greater resources to law enforcement agencies. Almost 100,000 UK properties are currently owned via offshore companies, obscuring their ownership, many of them undoubtedly by Russian criminals and kleptocrats we could happily do without. The government has promised to force these offshore companies to disclose their true owners, but that won’t be until 2021. For the next three years, criminals will be free to profit from their property in the UK without admitting they own it. Why can’t we hurry that up? To answer both of Priti Patel’s questions – how much money is there, and where is it? – we need transparency.

The foreign affairs committee published its conclusions this week, drawing on the evidence that I and others gave it, and they were impressively robust. Its report demanded a more coherent government approach to the “assets stored and laundered in London (which) both directly and indirectly support President Putin’s campaign to subvert the international rules-based system, undermine our allies, and erode the mutually reinforcing international networks that support UK foreign policy”.

Earlier this week, it was reported that Abramovich is finding it hard to renew his British visa, and some newspapers are speculating that this suggests Britain is already pioneering a new approach to Russian money, one that demands checks on the fortunes even of the very richest, and even when there is no apparent evidence of corruption. We do not yet know the reasons for the delay in the Chelsea owner’s visa, but such checks should be welcomed anyway: in cases where evidence emerges that someone is corrupt, that person should be kept out of Britain. But this alone is insufficient; we need to find the dodgy money that is already here. Confiscating it and finding a way to return it to the Russian people would diminish those who mean us harm, while simultaneously helping those we wish to befriend.

That requires strengthening Britain’s investigative power. The National Crime Agency and the UK’s police forces currently lack the resources to bring the prosecutions that could really make a difference to criminals’ calculation about whether to bring their money here. If we wish to prevent Russian kleptocrats from buying our country, we need to start catching them and their enablers in the act, and prosecuting them. That is the only true deterrent.

Saturday 17 March 2018

This is how to curb Putin: stop welcoming Russian kleptocrats

Margaret Hodge in The Guardian

The Telegraph - Matt cartoons


The monstrous attempted murders in Salisbury, allegedly authorised by the Russian state, were shocking. Expelling diplomats, limiting attendance at the World Cup, and orchestrating international condemnation through the UN and Nato are good symbolic gestures. But they will not stop Russian state-inspired terrorism taking place in the UK.

Wouldn’t it be far more effective to clamp down on Russian use of Britain as a safe haven for illegal wealth? Britain has become the jurisdiction of choice for kleptocrats, crooks and money launderers – including Russians – because of our weak regulatory framework, shrouded in secrecy and very lightly policed.

Our historic reputation for integrity and trustworthiness is being undermined by the rapid growth of illicit wealth that is brought into or through the UK and its tax havens. The National Crime Agency estimates that £90bn of criminal money is laundered through the UK each year. That is 4% of the UK’s GDP – and the estimate is probably conservative.

Much of the money goes into buying UK properties. Global Witness claims 85,000 properties across the UK are owned by companies that are incorporated in UK tax havens. According to Transparency International, almost one in 10 of the properties in the City of Westminster are owned by companies registered in an offshore jurisdiction. Many of the houses are bought and then left to lie empty; Indeed, Kensington and Chelsea’s electoral roll has declined by 8% since 2010, while the UK as a whole has experienced a 3% increase in its electorate over the same period. So who is buying homes in the borough, and why are they leaving them empty?

Britain has always been open and welcoming, and there are many people from other countries who want to come and live here for good reasons who make a great contribution to our society. But we need to know that those buying our houses are doing so for legitimate reasons, and with clean money.

In 2015, David Cameron promised to introduce a register detailing the beneficial owner of all UK properties. But the government has just announced this will not happen before 2021. If we really want to stop corrupt money – from Russia and elsewhere – being used to acquire British homes the government could implement Cameron’s undertaking immediately. And it should strengthen the checks and balances on company formation: the laxness of current rules makes it too easy for crooks to set up corporate entities through which they might launder money.

Consider Scottish limited partnerships. These were created in 1907 to help Scottish farmers invest in their land but limit their liability. But when you set one up, you are not required to name an actual person as a partner: you simply cite a company, often located in a tax haven. The reporting requirements for Scottish partnerships are minimal: there is no need to file accounts at Companies House, no requirement to have a UK bank account, and no need to pay UK tax.

This allows the creation of anonymous and untraceable entities for potentially laundered money. Unsurprisingly, there was a 430% increase in the creation of Scottish limited partnerships between 2007 and 2016. In 2016 alone, 94% of the new partnerships were set up by corporate partners, and more than seven out of 10 of these were based in tax havens.

Last year the government required newly formed partnerships to register the names of the person with significant control in a company. A quarter of the new Scottish partnerships have failed to reveal this information. Of those that did complete the register, 30% were Ukrainian, 16% were Russian and just 8.7% were British.If we simply required better information about those who set up UK corporate entities, we could stem the flow of dirty money into Britain. All we need do is ask for a birth certificate or passport so we can assess the legitimacy of both the individual and their money.







We should also strengthen the way our corporate structures are policed. It’s ridiculous that just six people in Companies House are trying to check whether or not some 4m companies comply with the law and provide accurate information. It’s shortsighted to starve HMRC, the police, the Serious Fraud Office and the Financial Conduct Authority of the resources they need to stamp out corruption and tackle financial crime.

Finally a growing number of MPs from all parties want the government to implement another undertaking made by David Cameron in 2013. We need public registers of beneficial ownership in our tax havens so that the public, the media and civil society knows who owns the companies that hide their identity and their wealth in these secret jurisdictions. Transparency would at a stroke stop tax havens being used for corrupt purposes by criminals from Russia and elsewhere. The government could use the anti-money laundering bill currently being considered by parliament to do this.

Take these actions. Then the Russians would know that when we say we will not allow unlawful acts by states or criminals to pass without punishment, we mean it.

Friday 8 December 2017

A tax haven blacklist without the UK is a whitewash

Prem Sikka in The Guardian







At the heart of the intensifying debate about fairness and inequality is tax. Who can think without shuddering of the opportunity costs incurred by needy economies robbed of the tax to which they are entitled? In that context, and against the backdrop of exposure exercises such as the Paradise Papers, there was understandable enthusiasm for the European Union’s latest list of uncooperative tax havens. It arrived this week, amid much ballyhoo and talk of toughness. What a disappointment.

The EU put 17 extra-EU jurisdictions on a blacklist: American Samoa, Bahrain, Barbados, Grenada, Guam, South Korea, Macau, Marshall Islands, Mongolia, Namibia, Palau, Panama, St Lucia, Samoa, Trinidad and Tobago, Tunisia and the United Arab Emirates. They could lose access to EU funds and incur sanctions soon to be announced. But contrast the list with what we know was revealed about international tax avoidance by both the Paradise and Panama Papers.

The EU seems to have targeted countries with little economic, military or diplomatic weight. The list includes Panama, which was central to the Panama Papers, but not Bermuda, which was central to the Paradise Papers. In imperialist mode, the EU paints a picture that broadly says that “those over there” in low-income countries, at the periphery of the global economy, are a source of the world’s economic problems and should face sanctions. The blacklist does not include any western country, even though accountants, lawyers, banks and much of the infrastructure that lubricates global tax avoidance are located in the west. Also excluded are UK crown dependencies and overseas territories, which have undermined the tax base of other countries for decades.

Another 47 jurisdictions are included in a “greylist”: these are not compliant with the standards demanded by the EU, but have given commitments to change their rules. This list includes Andorra, Belize, Bermuda, the Cayman Islands, Guernsey, the Isle of Man, Jersey, Liechtenstein, San Marino and Switzerland. But even that is deficient. And Luxembourg is missing altogether.

Where is the UK on either list? It offers special tax arrangements to non-domiciled billionaires that are not available to British citizens. We are deeply complicit. The UK has long enabled large companies and accountancy firms to write favourable tax laws, and has entered into sweetheart deals with major corporations.


The UK has long enabled accountancy firms to write favourable tax laws, and entered into sweetheart deals

The issue of tax avoidance is not going away. Corporations and wealthy elites are addicted to it. And many of the tax havens, as comparatively small countries, are not readily going to dilute their practices, as a decent standard of living cannot easily be provided by seasonal tourism, agriculture and fishing.

But the EU blacklist is a wasted opportunity because there are things the international community can do. Tax havens should, for example, be offered favourable financial grants by the EU and other countries to rebuild their economies and become hubs for new industries, and research and development. Grants should be conditional on step-by-step progress towards meeting specified benchmarks on transparency, accountability and cooperation, including a publicly available register of beneficial ownership of all companies and trusts, and a list of the assets held by wealthy individuals. Havens would need to commit to automatic exchange of information with other countries on any matter relating to tax or illicit financial flows.

The accounts of corporations and limited liability partnerships holed up in tax havens should also be made public. At the very least, the EU and the UK should insist that the public accountability mechanisms in tax havens match those on mainland Europe.

As for jurisdictions that reject reform, they should face sanctions. The imposition of a withholding tax, of say 20%, on all interest and dividend payments to individuals and companies would reduce their attractiveness. Labour’s 2017 manifesto contained that idea.

The EU, the UK and other countries could also ensure that no individual or company under their jurisdiction would be able to import or export any goods or services from designated tax havens. The UK is being asked to pay a fee to secure access to EU markets after Brexit; by the same logic, a fee should be demanded from tax havens in the shape of better transparency and accountability. Persistently aggressive jurisdictions might suffer travel and visa restrictions, or be denied the use of international satellites that tax havens rely on for communications and financial transactions.

These ideas, and there are others, may not curb the predatory practices of tax havens overnight, but any or all would give the sponsors and users of these territories considerable food for thought. Action is often promised, but how many weak governments have sought refuge behind the claim that global tax avoidance requires international solutions, while at the same time undermining possibilities of international solutions? Too many.

We cannot afford to go on like this. Be brave and follow the money.

Wednesday 15 November 2017

Why do people care more about benefit ‘scroungers’ than billions lost to the rich?

Robert De Vries and Aaron Reeves in The Guardian


The Paradise Papers have once again revealed the ingenuity and energy the super-rich are willing to deploy to keep their money away from the taxman. By illuminating the scale of this injustice, journalists have provided an invaluable service. And yet the revelations do not seem to have generated the level of public outrage that might have been expected.

At a time of staggering global inequality, it is perhaps surprising that people are not more animated by the determination of the ultra-rich to avoid their obligations to support our roads, hospitals, soldiers and schools – when regular citizens are unable to take advantage of such arrangements. However, this relative lack of concern is consistent with research on people’s attitudes towards tax avoidance.

Last year’s British Social Attitudes survey asked Britons about their feelings on this issue. Our analysis of this data (with Ben Baumberg Geiger of the University of Kent) revealed that the British public believes tax avoidance to be commonplace (around one third of taxpayers are assumed to have exploited a tax loophole). In moral terms, people seem rather ambivalent; less than half (48%) thought that legal tax avoidance was “usually or always wrong”.

By contrast, more than 60% of Britons believe it is “usually or always wrong” for poorer people to use legal loopholes to claim more benefits. In other words, people are significantly more likely to condemn poor people for using legal means to obtain more benefits than they are to condemn rich people for avoiding tax. This is a consistent finding across many different studies. For example, detailed interviews conducted by the Joseph Rowntree Foundation in the wake of the 2008 financial crisis found that people “tended to be far more exercised by the prospect of low-income groups exploiting the system than they were about high-income groups doing the same”.

This discrepancy is reflected in government priorities. Deep public antipathy towards benefit “scroungers” has been the rock upon which successive Conservative-led parliaments have built the case for austerity. Throughout his premiership, David Cameron, along with his chancellor, George Osborne, kept the opposition between “hardworking people” and lazy benefit claimants right at the centre of their messaging on spending cuts. Though gestures have been made towards addressing widespread tax avoidance by the wealthy, very little has actually been achieved. This stands in stark contrast to the scale and speed with which changes have been made to welfare legislation.

Will the Paradise Papers shift the public’s focus? The leaks alone are seemingly not enough. The 2016 British Social Attitudes survey was conducted just four months after the release of the Panama Papers. Even then, the British public remained more concerned about benefit claimants than tax avoiders.

Fundamentally, the Paradise Papers are about numbers – vast sums of money disappearing offshore that could be spent on public services here in the UK. However, as the former chair of the UK Statistics Authority, Andrew Dilnot, has often pointed out, people are bad at dealing with numbers on this scale. Unless you are an economist or a statistician, numbers in the millions and billions are just not particularly meaningful.

The key is to link these numbers to their consequences. The money we lose because people like Lewis Hamilton don’t pay some VAT on their private jet means thousands more visits to food banks. The budget cuts leading to rising homelessness might not have been necessary if Apple had paid more tax. Fewer people might have killed themselves after a work-capability assessment if companies like Alphabet (Google) had not registered their offices in Bermuda, and the downward pressure on benefits payments was not so intense. 

The causal chains connecting these events are complex and often opaque, but that does not make their consequences any less real, especially for those who have felt the hard edge of austerity.

The Paradise Papers have dragged the murky world of offshore finance into the spotlight. However, calls for change may founder against the British public’s persistent focus on the perceived crimes of the poor. That is, unless we – as academics, politicians, journalists and others – can articulate how the decisions of the very rich contribute to the expulsion of the vulnerable from the protection of state-funded public services. Quite simply, people get hurt when the rich don’t pay their taxes.

Wednesday 8 November 2017

Britain's role in the growth of tax havens

Andrew Verity in The BBC


Here's the received wisdom: when the British Empire faded in size and significance after World War Two, a few scattered islands around the globe wanted to keep their imperial ties to London.

The British government had to find a way to reduce the economic dependence of the likes of Bermuda, Montserrat or the British Virgin Islands, so it awarded them special tax-exempt status, creating the conditions for a thriving financial services industry.

Yes, tax evasion and money laundering may have got a little out of hand from time to time, but overall it succeeded in lifting them out of dependence on the UK government.

But there's a deeper story. It wasn't by design that the remnants of a dying British Empire morphed into a world leader in offshore financial services, selling secrecy and tax avoidance to multi-nationals and the wealthiest individuals in the world.

Instead, the crucial moment was more of an accident - which gave rise to advantages no-one had foreseen.

And it began not in Bermuda or Jersey but in another offshore centre - "offshore" not to the UK, but to the US - the City of London.



Incentives to avoid

When the 20th Century began, income tax was in single digits and progressive taxation - charging richer people a higher rate - had barely begun.

In the run-up to World War One, chancellors of the exchequer - from Asquith to Lloyd George - began raising taxes to pay for social reforms, such as the old age pension.

As the war progressed, the state demanded more and more income tax from every citizen and higher rates for the wealthy, leading to a top rate of 30% by 1919.

Accountants to wealthy individuals began to devise ways to avoid tax. Clients could become resident in Jersey, where tax rates were far lighter.

Or, if they wanted to stay in London, they might put their money in a trust registered elsewhere, perhaps on the Isle of Man, where in theory it was no longer the
irs - and therefore not visible to the prying eyes of an Inland Revenue inspector.

David Lloyd George served as Chancellor in Herbert Henry Asquith's government, before rising to PM in 1916

But it was in the dying days of the Empire that the offshore financial services industry truly boomed.

Defined by purpose rather than geography, "offshore" means any jurisdiction that seeks to attract investors on the basis of light taxes and looser regulations.

On that basis, the epicentre of the offshore industry is not Nassau in the Bahamas or George Town in the Cayman Islands.

As author Nick Shaxson points out in his fascinating offshore expose, Treasure Islands: "The modern offshore system did not start its explosive growth on scandal-tainted and palm-fringed islands in the Caribbean, or in the Alpine foothills of Zurich. It all began in London, as Britain's formal Empire gave way to something more subtle."


By accident - not design

In 1957, Britain and its imperial remains were trying to recover from a financial crisis. The previous year the UK had joined forces with France and Israel to try to recapture the Suez Canal after it was nationalised by the defiant anti-colonial Egyptian President, Gamal Abdel Nasser.

Viewing the invasion as European imperialism at its worst, the US refused any assistance.

By the end of 1956, a run on the pound was under way. The Bank of England wanted to curb the outflow of pounds by boosting interest rates sharply, but Her Majesty's Treasury had other ideas.

Since the Bretton Woods economic conference of 1944 towards the end of World War Two, countries had agreed to control movements of capital to curb the speculative flows into and out of countries that had worsened the economic crises of the past.

If, say, Tate & Lyle wanted to invest several million pounds in a new sugar production facility in Jamaica, it would need signed approval from Her Majesty's Treasury.

Normally this was a formality. But during the Suez crisis, the Treasury announced that, on a temporary basis, it would no longer approve foreign capital investments.Image copyrightREUTERSImage captionThe Bank of England did not get its way against the Treasury

The City's merchant banks were alarmed. Arranging finance for projects in the former colonies was their lifeblood. How would they avoid ruin?

Digging through the archives, financial academic Gary Burn unearthed what happened next.

Hearing the banks' complaints in a series of meetings, the Bank of England agreed in late 1957 to allow the commercial banks to continue to lend and borrow to foreign clients on two conditions:
the lending had to be in a currency other than sterling, and
both sides of the transaction - the lender and the borrower - had to reside somewhere other than the UK

"The decision was momentous in all respects," says one of the leading experts in offshore finance, Prof Ronen Palan of City, University of London. "They simply deemed certain transactions as not taking place in the UK. Where did the transactions take place for regulatory purposes? Nowhere.

"I think it wasn't at all by design; it was a mistake. They didn't understand the implications. It was seen as an accounting device."

The so-called "Eurodollar" was born - a global offshore financial market, transacting in dollars and allowing unlimited sums to be borrowed and lent, but under the control of no single state. No act of Parliament (or Congress) sanctioned the decision. There was no thoughtful policy-making, no careful debate.


Success of the Eurodollar

The Treasury was at first left in the dark. But within years the implications were obvious - this could revive the City of London's fortunes.

"By the time the Treasury figured it out, they thought, 'this is good business for the City'," said Prof Palan.

Banks from all around the world could borrow and lend in dollars without being subject to US tax or banking regulations - making banking in dollars more profitable out of London than out of Wall Street.

Offshore banks didn't have to hold money in reserve for every dollar they lent (as they would in the US), which would dramatically cut their costs.

While transactions were arranged in London, the lenders and borrowers could be registered anywhere. But the parties to Eurodollar transactions needed addresses.

So, zero-tax jurisdictions from the Cayman Islands to the Montserrat were used by London's investment banks as the official tax residences of their wealthy customers.

Clients could avoid both tax and undesirable scrutiny - for example from the US tax authorities.

In the British Overseas Territories, local laws were passed to attract more registration business, collecting modest fees that mounted up. No need for a bank branch out there - just a drawer in an offshore lawyer's filing cabinet.

The City of London began its recovery to become the centre of finance it is today
Howls of protest from the US government were ignored. Between 1960 and 1970, the size of the Eurodollar market went from $1bn to $46bn.

In the 1970s, countries rich in petrodollars from soaring oil prices were faced with a dilemma: repatriate the money to New York - where they would be taxed on it - or keep it offshore.

By 1980, the so-called Eurodollar market was worth more than half a trillion.

After the deregulation of the City of London in the 1986 "Big Bang", US banks joined in, setting up in London.

And as the 1990s and 2000s progressed, it became the undisputed global centre for foreign currency trading.


Not for the weather

Banks' wealthy individual and corporate clients didn't incorporate in the Cayman Islands or the British Virgin Islands because they liked the weather there - many never visited.

Offshore centres were attractive to businesses looking to reduce their tax bill, but sometimes, more importantly, to avoid what they regarded as excessive regulation.

Cayman Islands-registered companies were used heavily, for example, by the energy giant Enron as it built its business model based on fraudulent accounts.

Tax-free, light regulation jurisdictions, including the Bahamas, the Cayman Islands and Delaware in the US, became the corporate locations of choice for legitimate hedge funds.

They were also used to incorporate the vehicles at the heart of the global financial crisis - the 'structured investment vehicles' that did not show up on bank's balance sheets and bought billions of mortgage-backed securities, massively increasing the unnoticed risks in the global financial system which led to the crisis of 2008.

Likewise, the British Virgin Islands has been used by many legitimate businesses. It has also become the favourite secrecy jurisdiction for clients of the Panama-based law firm exposed in last year's Panama Papers revelations, Mossack Fonseca.

Since those revelations, governments around the world have pledged to improve transparency with measures such as automatic information sharing and registers of beneficial owners of offshore companies.

Many of those measures are yet to be enacted or tested.

But as the Paradise Papers are now confirming, the secrets of Britain's offshore empire are no longer quite so safe.

Sunday 9 October 2016

A Free Market in Tax

Nick Cohen in The Guardian

Donald Trump’s tax affairs are as nothing compared to those of the great global corporations



 


Keeping it offshore: Jost Van Dyke in the British Virgin Islands, a tax haven for the world’s rich. Photograph: Alamy


Donald Trump is offering himself as president of a country whose federal income taxes he gives every appearance of dodging. He says he is fit to be commander in chief, after avoiding giving a cent more than he could towards the wages of the troops who must fight for him. He laments an America where “our roads and bridges are falling apart, our airports are in third world condition and 43 million Americans are on food stamps”, while striving tirelessly to avoid paying for one pothole to be mended or mouth to be filled.

Men’s lies reveal more about them than their truths. For years, Trump promoted the bald, racist lie that Barack Obama was born in Kenya and, as an unAmerican, was disqualified from holding the presidency. We should have guessed then. We should have known that Trump’s subconscious was trying to hide the fact that he was barely an American citizen at all.


He would not contribute to his country or play his part in its collective endeavours. Like a guest in a hotel who runs off leaving the bill, Trump wanted to enjoy the room service without paying for the room. You should never lose your capacity to be shocked, especially in 2016 when the shocking has become commonplace. The New York Times published a joint piece last week by former White House ethics advisers – one to George W Bush and one to Barack Obama, so no one could accuse the paper of bias. They were stunned.

No president would have nominated Trump for public office, they said. If one had, “explaining to the senate and to the American people how a billionaire could have a $916m ‘loss carry-forward’ that potentially allowed him to not pay taxes for perhaps as long as 18 years would have been far too difficult for the White House when many hard-working Americans turn a third or more of their earnings over to the government”.

Trump’s bragging about the humiliations he inflicts on women is shocking. Trump’s oxymoronic excuses about his “fiduciary duty” to his businesses to pay as little personal tax as he could are shocking. (No businessman has a corporate “fiduciary duty” to enrich himself rather than his company.) Never let familiarity dilute your contempt.

And yet looked at from another angle, Trump is not so shocking. You may be reading this piece online after clicking on a Facebook link. If you are in Britain, the profits from the adverts Facebook hits you with will be logged in Ireland, which required Facebook to pay a mere €3.4m in corporate taxes last year on revenues of €4.83bn . If you are reading on an Apple device, Apple has booked $214.9bn offshore to avoid $65.4bn in US taxes. They are hardly alone. One recent American study found that 367 of the Fortune 500 operate one or more subsidiaries in tax havens.

Trump may seem a grotesque and alien figure, but his values are all around you. The Pepsi in your hand, the iPhone in your pocket, the Google search engine you load and the Nike trainers you put on your feet come from a tax-exempt economy, which expects you to pick up the bills.


The short answer to Conservatives who say “their behaviour is legal” is that it is a scandal that it is legal. The long answer is to invite them to look at the state of societies where Trumpian economics have taken hold. If they live in Britain or America, they should not have to look far.

The story liberal capitalism tells itself is heroic. Bloated incumbent businesses are overthrown by daring entrepreneurs. They outwit the complacent and blundering old firms and throw them from their pinnacles. They let creative destruction rip through the economy and bring new products and jobs with it.

If that justification for free-market capitalism was ever true, it is not true now. The free market in tax, it turns out, allows firms to move offshore and leave stagnant economies behind. Giant companies are no longer threatened by buccaneering entrepreneurs and innovative small businesses. Indeed, they don’t appear to be threatened by anyone.

The share of nominal GDP generated by the Fortune 100 biggest American companies rose from 33% of GDP in 1994 to 46% in 2013, the Economist reported. Despite all the fuss about tech entrepreneurship, the number of startups is lower than at any time since the late 1970s. More US companies now die than are born.

For how can small firms, which have to pay tax, challenge established giants that move their money offshore? They don’t have lobbyists. They can’t use a small part of their untaxed profits to make the campaign donations Google and the other monopolistic firms give to keep the politicians onside.

John Lewis has asked our government repeatedly how it can be fair to charge the partnership tax while allowing its rival Amazon to run its business through Luxembourg. A more pertinent question is why any government desperate for revenue would want a system that gave tax dodgers a competitive advantage.

What applies to businesses applies to individuals. The tax take depends as much on national culture as the threat of punishment, on what economists call “tax morale”.

No one likes paying taxes, but in northern European and North American countries most thought that they should pay them. Maybe I have lived a sheltered life, but I have no more heard friends discuss how they cheat the taxman than I have heard them discuss how they masturbate. If they cheat, they keep their dirty secrets to themselves. Let tax morale collapse, let belief in the integrity of the system waver, however, and states become like Greece, where everyone who can evade tax does.

The surest way to destroy morale is to make the people who pay taxes believe that the government is taking them for fools by penalising them while sparing the wealthy.


Theresa May promised at the Conservative party conference that “however rich or powerful – you have a duty to pay your tax”.

I would have been more inclined to believe her if she had promised, at this moment of asserting sovereignty, to close the British sovereign tax havens of the Channel Islands, Isle of Man, Bermuda and the British Virgin and Cayman Islands.


But let us give the new PM time to prove herself. If she falters, she should consider this. Revenue & Customs can only check 4% of self-assessment tax returns. If the remaining 96% decide that if Trump and his kind can cheat, they can cheat too, she would not be able to stop them.

Saturday 24 September 2016

Do we really want post-Brexit Britain to be the world’s biggest tax haven?

Molly Scott Cato in The Guardian

Of all my political activities in the European parliament my work on challenging tax-dodging by wealthy individuals and corporations is perhaps the area where the most has been achieved.

Yet as a British MEP it has been a constant source of embarrassment to learn the central role played by the City of London and the UK’s overseas territories in the network of tax havens that facilitate a tiny minority to live beyond tax law.




Amber Rudd facing calls to clarify involvement in tax havens


This was first demonstrated by the Panama Papers and now confirmed by theBahamas leaks. I am left wondering, in post-EU referendum Britain, whether we will see the UK government challenge or collude with this tax-avoidance industry. If the response to the discovery that home secretary Amber Rudd was previously director of two asset-management companies based in the Bahamas is anything to go by, alarm bells should be ringing.

My own attempts to challenge Rudd have led me to believe that rightwing media figures, along with the Conservative government and the banks, are keener to shut down legitimate lines of inquiry on tax dodging than they are to shut down tax havens.

This was most clearly demonstrated to me during an interview with Andrew Neil on the Daily Politics show. Neil defended Rudd’s actions on the grounds there was no proof she had done anything illegal. Yet the whole purpose of tax havens is to allow the wealthy to hide behind a wall of secrecy legally.

Indeed, we only know of Rudd’s past career because of the Bahamas leaks. When asked in interview some months ago if she had money in any offshore trusts, Rudd replied that she didn’t. She also defended David Cameron over his father’s investment fund in the Bahamas that was exposed by the Panama Papers. At least Cameron had the defence that the decision to set up a trust in the Bahamas was taken by his father. It was Rudd’s own decision to become embroiled in two offshore companies in the Bahamas, something she failed to disclose.

Generally, people do not set up companies in the Bahamas to enjoy the subtropical climate. They are more likely drawn there by the fact the islands demand no income, corporate or wealth taxes from individuals investing in offshore companies. No evidence has emerged that Rudd herself or the companies avoided paying tax but at the very least, a fuller statement explaining the purpose of the directorships and whether she personally profited from them seems reasonable.

Unless Rudd makes such a statement it is difficult to see how Theresa May can continue to have confidence in her as home secretary. During her short leadership campaign and on the steps of No 10, May spoke noble words about the need to turn Britain into a country that works for the many, not the few. This is precisely the opposite of what tax havens do. They are a system used by a tiny elite composed of the super-wealthy precisely to avoid contributing their fair share to society.

So is Rudd on the side of the many, whose services have been cut to the bone because of insufficient tax revenues, or is she on the side of the wealthy few who avoid paying taxes?




Follow the money: inside the world's tax havens



Far from being a sideshow, what some are calling Ruddgate goes to the heart of the question of what type of society we want in the wake of the EU referendum. Will we follow the lead taken by Europe in promoting fair taxation, most notably demonstrated in recent weeks by EU competition commissioner Margrethe Vestager, who ordered Apple to pay €13bn in back taxes? Or will we follow the route being pushed by some hard-Brexit supporters and become one of the globe’s leading tax havens? The answer depends on the actions we take now, and whether we have the courage to demand the highest standards of those who govern our country.

The European parliament’s committee investigating the Panama Papers leaks already has the chancellor Philip Hammond, his predecessor Osborne and former prime minister David Cameron on our invitation list. Following the latest revelations, we will be adding the name of the home secretary.