Tag Archives: Cayman Islands

We are the tools

Yes, we are, you, me, we all are and the evidence is all out there. So let’s start with the global comic relieve that we call the ICIJ (International Consortium of Investigative Journalists). We all see the headlines, global headlines and 600 secretaries (they call themselves journalists) are out there giving us what we think are the goods. To phrase an example we take a look at the Sydney Morning Herald (at https://www.smh.com.au/business/the-economy/australia-has-become-a-go-to-destination-for-dirty-money-leaks-reveal-nation-s-tax-weaknesses-20211007-p58y2i.html) it is a mere example what is going on out there. A collection of people no one head about, no one cared about. A collection of tits and dicks all striking their own ego, their own needs and the audience is gobbling it up. So when we are given phrases like “ALP senator Deborah O’Neill has launched an inquiry into Australia’s AML-CTF regime and is seeking industry feedback on the costs and benefits of broadening our laws to include accountants and lawyers to bring Australian laws into line with international standards to prevent financial crime” Yet here is the problem. It is ‘prevent financial crime’, in this that we also see from other sources “the line between tax avoidance and tax evasion has become so blurred we need to act against both” and there is the real problem, a stage I told people for well over a decade. Tax laws need overhaul on a global stage. And the setting too often is that there were no laws broken, these people might act against the spirit of the law, but they NEVER broke the law. And that is the stage, 600 typing tutors cannot give us the goods, because as I speculate, the real goods were never there. Yet someone in the ICIJ decided not to investigate the origins. Interesting not? So whilst we focus on “Avoidance meant arranging your affairs so tax wasn’t due”, whilst we consider that politicians have given the wealthy and rich a little too much leeway these politicians are now hiding under rocks and they do not want the limelight. And whilst some are considering “It isn’t illegal for the celebrity or a politician to move their money (so long as it is theirs to begin with). Assets within the trust are subject to local tax laws (sometimes zero tax) and local secrecy laws (sometimes complete secrecy)”, they will get the idea that places like Monaco, Cayman Islands and Dubai have appeal to many people with a piggy bank that holds an 8-figure number or more. So when we see all these papers give us “the documents were linked to more than 330 politicians and public officials, including 35 current and former national leaders, in more than 91 countries and territories”, as well as mentions of billionaires and no one gave us a clear top-line setting, I saw one, just one in a stage with dozens of papers and on less than 50% of the politicians involved. Yet none in the US, none in Canada, none in Australia or New Zealand, it is optionally possible, but 50% of that rundown was missing. And 600 secretaries had no time to look into it? As papers keep on handing us “a two-year effort to sift through 11.9 million confidential files leaked to it, aided in that effort by more than 600 journalists from 150 media outlets.” No one had the idea to give us a tally, a top-line? So far how many give us a list of ACTUAL criminal events? Tax Avoidance is not illegal, owning and residing in a zero tax nation is not illegal, so what is this about?

Now consider another station I made mention on. Consider the names Jacob A. Frenkel, Tharman Shanmugaratnam, Guillermo Ortiz, Jean-Claude Trichet, Geoffrey Bell, Roger W. Ferguson, Jr., Arminio Fraga, Kenneth Rogoff, Janet Yellen, Zhou Xiaochuan, Domingo Cavallo, Mario Draghi, Yi Gang, Carmen Reinhart, Maria Ramos, Klaas Knot, Philipp Hildebrand and Kenneth Rogoff. All part of the G30 bankers list, no mention at all? These people move trillions, there is no way that there is no mention of them in any way, but the press seemingly avoided that small part, or the source data was stricken of them, making this an exercise of some sorts and no one caught on? How come?

And this is not in you, that is on the members of the media (including those who think that they are journalists, or got the degree and faked their way through life). 

A simple setting of bankrupt nations painting the wealthy as the criminals, all whilst the politicians were a lot more to blame in all of this, 2 decades of ignored overhauls and no one catches on? 

The sanctimonious BS that the media is feeding us sickens me, it really does.

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Reprising 39 steps

This is not about an alcoholic taking his 12 steps three times with 3 breaks. This is about a 1935 movie. An absolute masterpiece by Alfred Hitchcock. It is also one if the first exposures by Tinseltown of the use of industrial espionage. Over time there would be more cases and more events, yet the stage I saw today ‘Twitch confirms massive data breach’ (source: BBC) made me think of the earliest steps in that direction. Even as we are given “it comes at a time when competitors such as YouTube Gaming are offering huge salaries to snap up gaming talent, so the fallout could be significant.” This does not mean that Google was behind it, yet the larger stage is that Industrial espionage is at the seat of many corporations and these corporations have absolutely no idea what they are in for. There are no checks, no balances and at this point Twitch is in a stage where they could lose the bulk of their value overnight. So as I read “Twitch confirmed the breach and said it was “working with urgency” to understand the extent of it” I see a stage where a company was clueless and now less of a clue where their money will go in November 2021. 

Even as I think back to the 39 steps and the momentous line “The 39 Steps is an organization of spies, collecting information on behalf of the foreign office of…the design for a silent aircraft engine” but the one step they did not have in those days was the disgruntled employee. They can do in one hour more damage then Baker at MI-6 or Evans at MI-5 can do in a month, and companies are just not ready to take a larger setting of cyber and internal investigations serious. Fell free to doubt me and call +44 1242 221491 (GCHQ), they probably have a few leaflets and other information that will make any CTO cry like a little chihuahua. 

The problem how to go about it, as I see it it will be too late for Twitch, Microsoft was done for a long time ago and Google is one of the few who has a decent handle on cyber security. Yet the nightmare is actually a lot worse. To grasp this we merely need to take a look at ‘Industrial Espionage: Criminal or Civil Remedies’ by Gillian Dempsey (at https://www.aic.gov.au/sites/default/files/2020-05/tandi106.pdf) the quote “Australian companies should be mindful that competitors, and nations which might be hosts to Australian investment, may have a strong interest in Australian trade secrets and other economic intelligence. Although its incidence and prevalence are unknowable, industrial espionage by governments and private sector institutions is a fact of contemporary commercial life. Recent developments in the technology of intercepting communications make such activities easier to undertake and more difficult to detect than in the past.” There are a few issues and the biggest one is partnerships, find in that partnership two disgruntled employees on both sides of the fence and that company is pretty much doomed. Even if the law becomes adequate, the rules of evidence will get in the way because the bulk of ALL companies have a lovely disregard of non-repudiation, and the third party exploiting the two angry people will laugh all the way to his zero tax haven (Cayman Islands anyone?) And that stage will grow and grow, because there is a board room believe that their company will not get into that, all whilst they cannot see the pie chart as the chunky blubbernaut in the room ate it. And the game gets to go from bad to nasty, with cryptocurrency the appeal for many increases whilst the ability to find the people involved goes from tiny to a number approximating zero and the law is not ready, it hasn’t been ready for several years and as sources give us “One of the reasons why corporations engage in industrial espionage is to save time as well as huge sums of money. After all, it can take years to bring products and services to market and the costs can add up.” This is true but it is the setting that several people who were dismissed ended up with huge starting bonuses whilst being as productive as the janitors paperweight in that new company. So when did you get $675,000 a year with a startup bonus of $3,500,000 plus a piece of real estate in the Cayman Islands for surfing Facebook all day long? That is the setting that some companies face and until they adjust the safety in their firms, they are the companies with huge neon lights and the neon phrase ‘sucker’ right next to it. I was taught about non-repudiation at Uni 14 years ago and so far the amount of companies taking it serious is just as close to zero as the people getting convicted of it.

So whilst the media is flaming the $13,000,000 total twitch payments, we are all looking in the wrong direction. We see one side, and this might have been by disgruntled people (my speculation) but it was an attack of a side that Amazon had decently solidified, so what comes next and when will it impact something that YOU depend on? There was a lesson and it was handed to the people in 1935, so why did the decision makers not take the essential steps?

Perhaps they were done in some places but there is at present no evidence that any were done. 

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Questions that follow

Is it not an interesting day, for some Mondayitis is only just now setting in, for some the Mondayitis issue is just a ‘fab’ for others to avoid becoming active until Wednesday around after lunch time, and for another group, well, we never know what they are up to, so let’s ignore them for now. There is however a group that works 24:7 (please do not imply that those people are journo’s).

I am talking about the financial institutions, no matter how we oppose greed, it is the one motivator that will never stop being efficient in many walks of life. That consideration came to me as I read the article ‘HSBC’s response: ‘Standards of due diligence were significantly lower than today’‘ (at http://www.theguardian.com/business/2015/feb/08/hsbc-responds-revelations-misconduct-swiss-bank) this morning.

The article is to some extent a barrel full of laughs. Let’s have a look at some of the mentioned things. The fun already starts at the second sentence “Private banks, including HSBC’s Swiss private bank, assumed that responsibility for payment of taxes rested with individual clients“, you see the word ‘assumed’, in this case that translate to, the bank sets the responsibility so that it makes an ‘ass’ of ‘you’, banks do not work from the ‘me’ setting (ass-u-me). When was the last time when you received a letter from a bank (any bank for that matter) where the word assumption was used? Most banking contracts have two one-sided parts, what your responsibilities are and how you get charged the moment you make an error (like simply withdrawing a little too much). So are you giggling yet?

The next one is an interesting one for more than one reason “HSBC’s Swiss private bank has reduced its client base by almost 70% since 2007“. Yes it is interesting, because WHERE did those people go to? The fact that they moved away from HSBC is no indication that there was a sudden massive influx of taxpayers, was there? So was the exodus reported on? My bet is that this was not; the statement is likely to be ‘this account is no longer under our care‘. This hunt for tax evasion, sounds nice, but it also comes with a flaw, not that I oppose such hunts (I will forever be roughly $1,915,000 short from making that list), but did some of these ‘witch hunters’ realise that moving these funds would have a side effect? You see, it would all be good and fine if those accounts all resorted to their original nation getting properly taxed, but that is not the case is it? As these Status Quo places get upset the dynamics change, when the accounts can no longer be hidden on Bermuda, the Cayman Islands, Switzerland or Guernsey. How long until we see a new circle of banks, now in Bahrain, Dubai and Jeddah? Do not think this will not happen, because it already is happening (at http://www.thenational.ae/business/banking/dubai-islamic-bank-confident-on-loans-portfolio-thanks-to-record-profit), so as we are reading on how a bank voluntarily moved from 78 billion to 45 billion, I have to wonder on the impact of the sentence at the very end: “However, providing client data to foreign authorities would itself constitute a criminal offence under Swiss law“. This than gives rise to the question how these changes are enforced. More important, the sentence implies that providing client data to local authorities is an option, and what they do with it, is not covered here, but it is an interesting question to consider.

The second article, which also came from the Guardian discusses more HSBC issues in ‘HSBC files show how Swiss bank helped clients dodge taxes and hide millions‘ (at http://www.theguardian.com/business/2015/feb/08/hsbc-files-expose-swiss-bank-clients-dodge-taxes-hide-millions), so is this High School of Business Concealers a real bank? Well, that is a moral question not a scientific one. This is where we see more ways to get a case of the giggles. “The Swiss arm, the statement said, had not been fully integrated into HSBC after its purchase in 1999, allowing “significantly lower” standards of compliance and due diligence to persist“, so if we consider the leak by Hervé Falciani, which happened in 2007, considering the fact that the Swiss bank had been acquired in 1999, the simple question ‘Were banking executives allowed to sit on their hands for 8+ years?‘, the question might seem unfair, but no alignment in a bank that was until doing 78 billion seems very odd to me. It almost sounds like a trial in equity. “Yes, sir, I have washed my hands of everything and I have made very certain that I am not being kept in the loop for anything“, might make for interesting academic considerations, but so is the story of the Mayfair prostitute with her Hymen intact (the moral is that neither is realistic).

When you read on you will see the sentence “We have opened a company account for him based in Dubai“, so is the interest of HSBC moving towards additional banks? That question is not asked and should some consider asking Lord Green (who was group Chairman of HSBC in those days), they are unlikely to get any answer.

It is so interesting to see the HSBC onslaught all over the Guardian, but this is not just about that event. It is also nice to see how last weekend, Yahoo reported on how the Swiss Franc is boosting business in German brothels, so in the end at least one party is getting screwed (the question is who of course). Weirdly enough, the Telegraph has a passable view written by Peter Spence (yes, I am surprised too). The end has the quote that mattered in my view “What has happened in Switzerland might be a sideshow compared with larger global players, but is illustrative of a world in which central banks are increasingly looked to for answers“, I am not sure whether this is entirely correct. There is a difference between incorrect and wrong, and this one skates on two sides, you see, the mess, which I discussed in ‘A seesaw for three‘ (at https://lawlordtobe.com/2015/01/18/a-seesaw-for-three/) is still at the heart of this, there is a credit swap in play with many governments in play, it is a global dance act which includes the US, Japan and the bulk of the EEC nations, as tax havens are now under scrutiny, the people using them are looking for options, some will make a deal, but the larger part will be looking for an alternative, I reckon that the Swiss have been very aware with the move of those HSBC accounts and the question is not just where those 70% moved to, but who else will be moving sooner rather than later. When you consider that, we see the picture as it reshapes the issue. The Swiss are holding on for dear life and at some point the Franc will lose some of its value, but as this happens, we will also see a currency destabilisation. That part is seen (in my personal view) as Switzerland is no longer playing the ‘offset’ game for other loans, which means that the game will transfer to other shores, but which shores will they move to? That part is not a given, but when we see how new players are now willing to become a member of the banking secrets. The United Arab Emirates and Saudi Arabia would only need to adopt two rules in their banking laws (if they have not done so already).

  1. Providing client data to foreign authorities constitutes a criminal offence.
  2. Personal wealth can be declared via the bank, who will charge a fee of n% (where it is likely that n < 5).

After that, both the Oval office and Buckingham palace can kiss any chance of those taxable billions goodbye, which could spell a massive exodus from Bermuda, Cayman Islands, Guernsey and Jersey towards sandier shores, which will hurt the Commonwealth beyond expectations. All this started from the wrong viewpoint from the very beginning, the US became reckless on how it dealt with its 18 trillion in debt by going after non-taxed fortunes from American account holders, this drive (supported by many) started a new fire and now that the flames are getting higher, those avoiding taxation are moving to shores where not only is taxation an almost impossibility, it will also limit the other acts done by both the US and the EEC to keep their currencies high, which is an act that will backfire to some extent for a longer period of time.

Personally, I am all for holding the wealthy tax accountable; we all have to pay our taxation. Yet, at present, in this economy, we are now chasing those cars, whilst we have no parking lot, so even if one is caught, what to do with this person? The US, Greece, the UK and a few others should have seriously changed certain laws half a decade ago; this mess would not have been so complete. The fact that this hunt is so visible at present gives also pause for that what we do not see. Yes, we see that the US added 257,000 jobs in January, but how many are not shown as we also see that RadioShack is filing for bankruptcy this week with over 4,000 shops expected to close (2,000 went to sprint). A host of Shale gas companies will go the same way, whilst the mountain of companies going under in the oil and gas sector is a lot larger than many can fathom. These events have a clear bearing on the banks too. Shale gas operations, oil platforms, all these places will get hit and it will affect many banks who held onto debts with the certainty that black gold brought, now there is no blame here, yet the consequence of persecuting tax dodgers will also come with another negative boost as a league of them will move to the Arabian shores, when that happens, the little stability the Euro and the US dollar had, will go straight out of the window.

Here is the kicker, no matter how wrong the expression ‘let sleeping dogs lie’ is seen in light of the tax dodgers, we must wonder how much lower the coming negative financial waves would have been if the hunt for the tax dodgers would have been delayed. In the end, it was not a solution to not go after them, but the timing truly sucks. This situation translates to governments getting kicked in the head, just as they had just accidently stumbled through no fault of their own. Yet in all this, Greece has made ZERO clear steps in dealing with its own tax dodgers, so where to go next? More questions are to follow, but I am not sure if there will be ANY answers forthcoming as it seems that three parties have painted themselves in the corner, whilst the fourth was not in the room at all, in addition these four parties aren’t even clearly communicating with each other, their only goal is to meet their own needs whilst three cannot move and the fourth can’t get into the room, one would offer the thought that a mere pre teenager would have done a better job of it all. I am not sure if I could disagree.

 

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