Khaleej Times

Web of corruption, tax avoidance and shady deals Law firm is secretive with big clients

- WHAT ARE OFFSHORE ACCOUNTS? LEGITIMATE USES FOR OFFSHORE ACCOUNTS: EFFORTS TO CRACK DOWN ON FINANCIAL HAVENS: ILLICIT USES OF OFFSHORE ACCOUNTS: PAST SCANDALS OVER OFFSHORE ACCOUNTS: — AFP

Offshore bank accounts and other financial dealings in another country can be used to evade regulatory oversight or tax obligation­s. Often, companies or individual­s use shell companies, initially incorporat­ed without significan­t assets or operations, to disguise ownership or other informatio­n about the funds involved. Companies or trusts can be set up in offshore locations for legitimate uses such as business finance, mergers and acquisitio­ns and estate or tax planning, according to the global money laundering watchdog, the Financial Action Task Force. The Financial Action Task Force and other regulatory agencies publish assessment­s identifyin­g weaknesses in enforcemen­t of anti-money laundering and counter-terrorism financing efforts of specific countries and territorie­s. Financial and legal profession­als get training on how to spot potential violations, since in some cases lawyers and bankers are unaware they are handling illicit transactio­ns. The EU has stepped up efforts to crack down on tax avoidance by multinatio­nal corporatio­ns. The leaked files from Panama-based law firm Mossack Fonseca contain nearly 40 years of data and include informatio­n about more than 210,000 companies in 21 offshore jurisdicti­ons, from Panama to Hong Kong. It’s good news that we are aware of these revelation­s because it will bring in tax revenue from those who have defrauded”

Francois Hollande,

Shell companies and other entities can be misused by terrorists and others involved in internatio­nal and financial crimes to conceal sources of funds and ownership. The ICIJ says the files from Mossack Fonseca include informatio­n on

214,488 offshore entities

14,153 clients 200 countries

linked to

in and territorie­s. Banking secrecy laws tend to obscure offshore financial dealings. But the disclosure of other leaked documents by the ICIJ and other organisati­ons in late 2014 drew attention to sweet tax deals offered by the tiny European country of Luxembourg to multinatio­nal companies and ultra-wealthy individual­s. In the 1980s, the Bank of Credit and Commerce Internatio­nal, an internatio­nal bank founded by a Pakistani financier, was found to have been involved in wide-scale money laundering and other illegal financial dealings. —

There are a lot of journalist­s whose main profession is unlikely to be journalism: a lot of former officials from the (US) Department of State …..”

Dmitry Peskov,

panama city — Mossack Fonseca, the Panama-based law firm at the heart of the “Panama Papers” scandal, is a discreet outfit with a roster of big-name clients and a quiet reputation for hiding money from the tax man.

That cloak of secrecy it wrapped around itself was ripped apart on Sunday when media organisati­ons around the world publishing informatio­n from a massive leak from the firm’s supposedly secure data center.

So too were the techniques allegedly used by Mossack Fonseca to make money trails murky, including slavish use of off-shore havens such as the British Virgin Islands and some Pacific Ocean nations.

The revelation detailing the off-shore structures of many wealthy clients is a “crime” and an “attack” on Panama, the law firm maintains.

“This is a crime, a felony,” Ramon

Nawaz Sharif does not own any company but having companies in the name of his children also raises questions.”

Umar Cheema of the Centre for Investigat­ive

Reporting in Pakistan

Fonseca, one of the founders of Mossack Fonseca, said.

“This is an attack on Panama because certain countries don’t like it that we are so competitiv­e in attracting companies,” he said.

So who runs Mossack Fonseca, whose headquarte­rs are housed in a fairly non-descript mirrored building in Panama’s business district?

Juergen Mossack, one of the two lawyers who founded the firm more than three decades ago, was born in Germany in 1948 and moved to Panama with his family, where he obtained his law degree.

Mossack’s father was a Nazi in World War II, serving in Hitler’s Waffen-SS, according to the ICIJ, citing US Army records. It said “old intelligen­ce files” showed the father had offered to spy for the CIA.

The other founder is Fonseca, born in 1952. He, too, got his law degree in Panama but also studied at the prestigiou­s London School of Economics, and once said in an interview he had mulled becoming a priest.

Fonseca had a small business until he merged with Mossack and the two went after off-shore business by opening offices in the British Virgin Islands.

The ICIJ said the leak shows that half of the companies the law firm incorporat­ed — more than 113,000 — were done so in that fiscal paradise.

But Mossack Fonseca also branched out to the Pacific, to a tiny island nation called Niue.

According to the ICIJ, by 2001 the firm was earning so much from its off-shore registrati­ons on the island it was contributi­ng 80 per cent to Niue’s annual budget.

When the British Virgin Islands was forced to clamp down on some methods that had previously permitted anonymous ownership of companies, Mossack Fonseca moved business to Panama and to the Caribbean island of Anguilla.

The law firm spent money to try to remove online references linking it to money laundering and tax evasion.

But other countries took an increased interest in what it was doing. In Brazil, it was named as being one of the parties within a huge bribery scandal unfolding involving the state oil company Petrobras.

It also came under scrutiny in the US state of Nevada, where a judge determined that it had wilfully tried to cover up its management role over its local branch there.

Last month, Fonseca — who had also been an advisor to Panamanian President Juan Carlos Varela since 2014 — declared he was taking a leave of absence.

The step was to “defend my honor” he said, as the Brazilian allegation­s piled up.

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