Toronto Star

Steve Bannon’s secret political war chest,

- JON SWAINE THE GUARDIAN

“If firms were willing to pay the tax, there would be no reason to go offshore . . . They could stay onshore in a simpler arrangemen­t.” SAMUEL BRUNSON PROFESSOR AT LOYOLA UNIVERSITY IN CHICAGO

Eighteen months before guiding Donald Trump to election victory, Steve Bannon delivered the opening shot in the ruthless Republican campaign to paint their Democratic opponent as corrupt.

The future White House chief strategist produced a book in May 2015 accusing Hillary Clinton of trading favours for donations to her charitable foundation. Its questionab­le central charge, on the sale of a uranium company to Russia, recently became the subject of a House inquiry and feverish talk on conservati­ve media.

But the financial arrangemen­ts of another foundation, which bankrolled Bannon’s creation of the book, Clinton Cash, have received less scrutiny.

Leaked documents and newly obtained public filings show how the billionair­e Mercer family built a $60-million (U.S.) war chest for conservati­ve causes inside their family foundation by using an offshore investment vehicle to avoid U.S. tax.

The offshore vehicle was part of a network of companies in the Atlantic tax haven of Bermuda led by Robert Mercer, the wealthy hedge-fund executive and Bannon patron whose spending helped put Trump in the White House and aided a resurgence of the Republican right.

Mercer, 71, appears as a director of eight Bermuda companies in the Paradise Papers, a trove of millions of leaked documents on offshore finance reviewed by the Guardian, the Toronto Star, the Internatio­nal Consortium of Investigat­ive Journalist­s and other partners. The files include a copy of Mercer’s U.S. passport and other private data.

Some of the Bermuda companies appear to have been used to legally avoid a little-known U.S. tax of up to 39 per cent on tens of millions of dollars in investment profits amassed by the Mercer family’s foundation, which funded Bannon’s book and a who’s who of conservati­ve groups, along with a $475-million retirement fund for the staff of Mercer’s hedge fund, Renaissanc­e Technologi­es.

Bill Parish, an Oregon-based investment adviser who has been consulted on the tax by U.S. government investigat­ors, said: “This is simple but ingenious. You take retirement plans or foundation­s, you invest them in a hedge fund, and even if the value rises 100 per cent, you can sell off the investment­s with no tax consequenc­es.”

Mercer, who declined to comment for this article, has risen from relative obscurity to become one of the most influentia­l figures in U.S. conservati­sm. He financed ventures including the presidenti­al campaigns of Trump and Sen. Ted Cruz, the website Breitbart News and the online agitator Milo Yiannopoul­os, whom he recently publicly disowned.

A PhD computer scientist who rarely speaks publicly, Mercer is president and co-chief executive of Renaissanc­e, a New York-based company that manages more than $50 billion in assets. He recently announced that he would step down from his leadership roles at the end of the year. Renaissanc­e frequently makes extraordin­ary returns, which it chalks up to closely guarded trading formulas created at its Long Island offices by mathematic­ians and scientists.

The company has also faced sharp criticism for trying to sidestep obligation­s to the public purse. The Internal Revenue Service has been pursuing Renaissanc­e for $6.8 billion in federal taxes that it was accused of improperly avoiding through practices described as “abuses” in a 2014 investigat­ion by a Senate committee.

Mercer also helps fund the Mercer Family Foundation, a non profit led by his daughter and political guru, Rebekah. It has no website, staff or offices and is registered to a mailbox at a UPS store on Manhattan’s Upper West Side. It was previously listed at Rebekah’s $28-million home in a Trump building nearby. The foundation’s accountant is treasurer of Make America Number 1, a Super PAC partly funded by Mercer, which supported the 2016 campaign against Clinton.

Mercer’s foundation is barred from intervenin­g in election campaigns. But over the past decade, it has given out $62 million to conservati­ve research groups and think tanks whose work generally bolsters Republican­s. Among them are prominent names including the Heritage Foundation, the Federalist Society and the Media Research Center.

From 2013 to 2015, the Mercer foundation gave $4.7 million to Bannon’s Government Accountabi­lity Institute (GAI) — more than half its total funding in that time. Mercer’s foundation has not yet filed paperwork disclosing its 2016 spending. An IRS official said the filing was more than five months overdue.

Bannon founded GAI in Florida in 2012 with Peter Schweizer, the conservati­ve author of Clinton Cash. Since then, the GAI has paid Bannon $379,000 and Schweizer $781,000. Rebekah Mercer was a director of the group until 2014. It has continued assailing liberals since Trump’s victory and says exposing the “misuse of taxpayer monies” is central to its mission.

Mercer’s foundation also gave millions more to other groups that funded Bannon. It paid $3.8 million to the non-profit arm of Citizens United, best known for the deregulati­on of political spending it won in a 2010 Supreme Court ruling. Bannon has made films for Citizens United and between 2012 and 2013 was paid $450,000 in consulting fees by its nonprofit arm.

The Mercer foundation gave $1.2 million to the Young America’s Foundation, another conservati­ve non-profit, which paid Bannon more than $577,000 between 2010 and 2012 for filmmaking services, according to filings.

Mercer was also a major investor in Breitbart News, the influentia­l right wing website that Bannon led before joining Trump’s campaign. Bannon returned to the site after being fired from the White House in August. In an extraordin­ary email to Renaissanc­e staff recently, Mercer moved to distance himself from Bannon and announced he was selling his stake in Breitbart to his daughters.

Clinton Cash dissected donations to the foundation Clinton led with her husband Bill. Disputed allegation­s in the book — that mining executives contribute­d to the Clinton Foundation to assist their lucrative sale of a uranium company to a Russian state energy agency — attracted prominent coverage in the mainstream media, delivering a blow to Clinton after she announced her candidacy.

FBI officials who looked into the foundation’s activities were later reported to have based their suspicions on details from Clinton Cash. By then, the book’s publisher had corrected more than halfa-dozen errors in the text relating to the Clintons’ finances, including one based on a bogus press release. The book continues to resonate today, leading to a joint inquiry on the Canadian uranium issue by two House committees announced last month.

The Mercer foundation is largely funded by money it makes through investment­s in Renaissanc­e’s hedge funds. Since 2004, according to annual filings, the foundation has sold more than $68.5 million of holdings in these investment­s and used the money to fund its operations. While Renaissanc­e’s main hedge fund is based in the U.S., the company also has “feeder funds” incorporat­ed in Bermuda, which imposes no income or corporatio­n taxes.

Renaissanc­e does not have staff or offices in Bermuda. Instead, the feeder funds are registered to the offices of Appleby, a legal and financial services firm that Renaissanc­e pays to manage its offshore affairs. The Paradise Papers contain a cache of millions of Appleby’s internal files, including dozens on Renaissanc­e.

Documents indicate that the Mercer foundation has avoided liability for millions of dollars in U.S. tax by routing its investment­s through one of these Bermuda vehicles.

Non-profits in the U.S. such as the Mercer foundation do not pay tax on ordinary donations from the public. But they face unrelated business income tax (UBIT) on money obtained through investment­s financed by debt, such as many of those by Renaissanc­e and other hedge funds. UBIT is intended to prevent non-profits from being used to compete unfairly with regular businesses.

But non-profits can avoid the tax by routing their investment­s through an offshore company known as a “blocker.” The Mercer foundation’s public filings to the IRS confirm it has never paid UBIT. Since 2004, the foundation has paid $74,017 in federal excise taxes, less than 0.2 per cent of its investment gains.

In Bermuda, Medallion Capital Investment­s was set up to take investment­s from American charities or foundation­s “closely affiliated with an owner or employee” of Renaissanc­e, according to a regulatory filing obtained from the Bermuda government, which did not mention Mercer’s foundation by name.

The Mercer foundation confirmed that Medallion Capital Investment­s was the destinatio­n for its money in 2004 and 2005, according to previously unreported filings to the IRS. More recently, it has not named the fund it uses. Renaissanc­e told U.S. authoritie­s this year that Medallion Capital Investment­s held $1.3 billion of funds owned by the company or people related to it.

Tax attorneys and accountant­s said the Bermuda feeder fund appeared to be operating as a blocker between the Mercer foundation and the hedge fund investment­s.

Samuel Brunson, a professor in tax law at Loyola University in Chicago, said such arrangemen­ts were typically aimed at legally avoiding the tax. “If firms were willing to pay the tax, there would be no reason to go offshore,” he said. “They could stay onshore in a simpler arrangemen­t.”

Since joining Renaissanc­e from IBM almost 25 years ago, Mercer has accumulate­d extraordin­ary wealth that paid for luxurious homes in three states. His main estate, known as Owl’s Nest, is based around an $18-million mansion close to Renaissanc­e’s Long Island campus.

The Mercers also own a $75-million yacht, the Sea Owl, a $13.6-million ranch estate in Florida — Owl’s Nest South — and a $3.2-million retreat on 37 hectares in North Carolina. This year, they sold a Manhattan apartment for $3.3 million.

At the same time, the Mercers have continued to signal that they take care over every penny. In 2009, Mercer sued a Michigan-based miniature railroad company that installed a scale-model track at his home. He alleged, six years after the installati­on, that he had been overcharge­d. The case was settled.

In 2011, Diana Mercer successful­ly sued a golf cart dealer in Florida for $15,000 over “mechanical problems and the poor condition” of two carts she had bought, and returned to court when the dealer failed to pay as ordered.

In July 2013, some domestic staff who worked at the Owl’s Nest estate sued Mercer, alleging he docked $10 to $20 from their pay for errors such as “failing to replace shampoos and other toiletries if there was an amount of less than onethird of a bottle remaining.” The lawsuit was later withdrawn. An attorney for the staff did not respond when asked if they were paid a settlement.

Renaissanc­e Technologi­es has striven to avoid paying where possible. The sharply critical 2014 report by the Senate permanent subcommitt­ee on investigat­ions said Renaissanc­e improperly made profits from rapid trading appear to be long-term capital gains, which are taxed at a much lower rate.

The system involved Renaissanc­e buying complex instrument­s known as “basket options” from banks. The bipartisan Senate investigat­ion described the system as an “abusive tax structure” and said the IRS should collect taxes avoided with it. A spokespers­on for the IRS declined to comment on the status of the dispute.

 ?? JABIN BOTSFORD/THE WASHINGTON POST FILE PHOTO ?? From 2013 to 2015, the Mercer foundation gave $4.7 million (U.S.) to Steve Bannon’s Government Accountabi­lity Institute — more than half its total funding in that time.
JABIN BOTSFORD/THE WASHINGTON POST FILE PHOTO From 2013 to 2015, the Mercer foundation gave $4.7 million (U.S.) to Steve Bannon’s Government Accountabi­lity Institute — more than half its total funding in that time.
 ?? OLIVER CONTRERAS FOR THE WASHINGTON POST ?? Robert Mercer, 71, appears as a director of eight Bermuda companies in the Paradise Papers.
OLIVER CONTRERAS FOR THE WASHINGTON POST Robert Mercer, 71, appears as a director of eight Bermuda companies in the Paradise Papers.

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