Breaking a Swiss Taboo: Naming Names

Reuters reports: The Swiss Sunday newspaper “Sonntagszeitung” said the alpine nation was flooded with formal tracing requests from foreign tax authorities. In response, Switzerland had resorted to listing names, birthdates and nationalities in its federal gazette, where official texts are published.

The official justification was that the publication gave those identified the chance to hire a lawyer and seek legal recourse, said the “Sonntagszeitung”, referring to recent roll-backs of Swiss bank secrecy, especially under US pressure.
Formal requests from abroad

The newspaper quoted Swiss federal tax authority official Alexandre Dumas as saying that banks had little interest in seeking customers who no longer kept their accounts in Switzerland.

Instead, foreign countries were sending formal judicial assistance requests, asking for help to trace their missing taxpayers via Switzerland’s federal tax administration in Berne.
In turn, Switzerland was demanding that such countries, when sent Swiss documentation on such suspects, keep their further details confidential.
Further ‘taboo break’

It amounted, however, to a further “taboo break” by Swiss authorities, “Sonntagszeitung” said, while also quoting a Swiss lawyer, Andreas Rüd, who said many suspects did not realize that they could seek Swiss legal recourse.

The Swiss federal gazette’s weekly editions in May contained several dozen decrees, naming citizens of Spain, India, the Netherlands, Germany, Britain, the USA and South Korea and companies registered in Panama, the Bahamas and Spain.
In the case of India and Germany, Dumas denied that their formal requests stemmed from tax authorities recent acquisitions of stolen data listing suspected tax evaders.

Last year in Germany, suspected tax evaders filed a record 40,000 self-disclosure notices on funds they had secreted abroad, prompted by a new law that allows backdated payment of overdue tax coupled with penalties.

In February, the International Consortium of Investigative Journalists (ICIJ) made public data files leaked to French authorities in the so-called SwissLeaks case. The London-based HSBC bank was accused of helping suspects in some 200 countries.
HSBC apologized and its Swiss branch said it had been “cooperately continuously” with Swiss authorities since it became aware of the data theft in 2008.
That followed agreements by Swiss giants UBS and Credit Suisse to pay fines in the US on allegations of helping Americans to evade taxes.

In March, Switzerland signed an accord to automatically share tax information with Australia. Similar accords are planned with the US and EU.

Whose Money?

FIFA Indictments and the Aftermath

Will Hobson writes:   A few years ago, FIFA made a move that seemed to indicate a desire for reform. Facing growing criticism after its controversial decisions involving the 2018 and 2022 World Cups, FIFA hired Michael J. Garcia, a former U.S. attorney, as an ethics investigator. Garcia spent more than a year investigating the bidding process, but resigned in protest after he said FIFA officials inaccurately summarized his findings. FIFA refused to release Garcia’s 450-page report, but announced that it found minimal rule violations. Garcia disagreed, alleging he had uncovered “serious and wide-ranging issues” regarding how FIFA awarded those two World Cups.

Who got hurt in the US? U.S. taxpayers, for one. Charles Blazer, a former FIFA official who pleaded guilty and cooperated with this investigation, admitted to evading taxes for years, and has paid $1.9 million in restitution. More charges of tax evasion could come. Also: poor children who want to play soccer around the world. Many youth soccer organizations in developing countries depend on FIFA grants, acting U.S. Attorney Currie said Wednesday, so money diverted into the pockets of FIFA officials was money not spent on youth soccer in poorer nations.

Is anyone in the US involved?  Attorney General Lynch accused an unnamed American sportswear company of being involved in a bribery scheme to obtain a sponsorship deal for the Brazilian national team. When a reporter asked her if the unnamed company was Nike – the Oregon-based superbrand that has long had a relationship with Brazil’s soccer team – Lynch declined to comment.   Fifa Indictment

FIFA Indictments

Jungle Camps for Trafficked Humans?

Malaysian police forensic teams, digging with hoes and shovels, began pulling out the remains of dozens of suspected victims of human traffickers on Tuesday from shallow graves discovered at a jungle camp near the border with Thailand.

The government said it was investigating whether local forestry officials were involved with the people-smuggling gangs believed responsible for nearly 140 such graves discovered around grim camps in the country’s northwest.

The dense forests of southern Thailand and northern Malaysia have been a major stop-off point for smugglers bringing people to Southeast Asia by boat from Burma, most of them Rohingya Muslims who say they are fleeing persecution, and Bangladesh

Apparently abandoned in haste, what remained of the camp was little more than a tangle of bamboo and tarpaulin, but one police official, who did not want to be identified, said it could have held up to 400 people.

Malaysian authorities said on Monday they had found 139 graves, some containing more than one body, around 28 camps scattered along a 50-km (30 mile) stretch of the border in the northern state of Perlis.

The grisly discoveries in Malaysia followed the uncovering of similar graves on the Thai side of the border at the beginning of May, which helped trigger a regional crisis. The find led to a crackdown on the camps by Thai authorities, after which traffickers abandoned thousands of migrants in overloaded boats in the Bay of Bengal and Andaman Sea.

Thousands of Rohingya Muslims are ferried by traffickers through southern Thailand each year, and in recent years it has been common for them to be held in remote camps along the border with Malaysia until a ransom is paid for their freedom.

The scale of the discoveries has raised questions about the level of complicity by officials on both sides of the border.

Malaysia’s Home Minister Ahmad Zahid Hamidi said on Tuesday that initial investigations revealed links between forest rangers and smuggling syndicates, Bernama reported, adding that some had been detained by police as part of the probe.

An official said 37 graves had been found at the site, a few hundred meters from the Thai border. As the police teams began to dig, a large supply of body bags and white cotton shrouds was piled on the ground.

Human Trafficking Deaths?

Crime and Exemptions for Big Banks

The ever clever Matt Levine suggests that the more banks you charge with crime, the less damaging the charge is.  In Texas, the state employees’ pension fund stopped doing business with Credit Suisse last year because it had “a policy against hiring firms convicted of felonies,” but now that basically all the big banks have been convicted of felonies, it has tossed that policy. Welcome back Credit Suisse! We’ve talked before about how charging all the banks with crimes de-stigmatizes those crimes, and I won’t belabor the point.

Our associate Andres Frank testifified before the US Department of Labor on January 15, 2015 on the Credit Suisse exemption.  Credit Suisse had pled guilty to a criminal charge of aiding and abetting tex evasion by US citizens.  Credit Suisse was granted a temporary exemption, but Maxine Waters, Congresswoman from Callifornia, insisted that a permanent exemption be preceded by hearings.

Perhaps to make it seem that the ‘culture of corruption’ apparent in Credit Suisse could be cured, the CEO stepped down after this hearing.  No final decision has yet been rendered.

When Does Guilty Mean Guilty?

The Greed Plea in a Libor Case

Matt Levine, the ex-Goldman partner who knows whereof he speaks, writes for Bloomberg:  In London, Tom Hayes’s Libor manipulation trial started yesterday and this isn’t exactly legal advice but probably don’t say stuff like this in recorded interviews with criminal investigators?

“I mean I probably deserve to be sitting here because, you know, I made concerted efforts to influence Libor,” Hayes said in a Feb. 1, 2013, interview.

Or:

“The point is you’re greedy,” Hayes said in a 2013 interview with U.K. investigators that Chawla played for the jury. “You want every little bit of money you can get because” that’s your performance metric, he said.

One of my strong beliefs about financial crime is that the words “greed” and “greedy” have no analytical value. In a fraud case — where the accusation is that someone made money — saying that he wanted to make money is just a superfluous appeal to jurors’ emotions, a way to deny the humanity of the bankster whose fate they’re deciding. “His motive was a simple one: greed,” said the prosecutor, annoyingly. But Hayes agreed, and on tape! Not helpful.

Greed

What Do US Bank Guilty Pleas Add Up To?

Matt Levine at Bloomberg is not hopeful about the banks changing their ways after guilty pleas in the United States this week.   Here is the notice JP Morgan Chase sent its clients:  JP Morgan Chase DIsclosure Notice  

The JP Morgan Cover Letter with Disclosers sent with the disclosure begins: The purpose of this letter is to clarify the nature of the trading relationship between you and the Corporate & Investment Bank at JPMorgan Chase & Co. and its affiliates (together, “JPMorgan” or the “Firm”) and to disclose relevant practices of JPMorgan when acting as a dealer, on a principal basis, in the wholesale spot foreign exchange (“FX”) markets.  We want to ensure that there are no ambiguities or misunderstandings regarding those practices.

Mea culpa?  Guilt?  JP Morgan Chase CEO Jamie DImon does nothing but whine about regulations.  Is it time to hold banks to a reasonable standard?  Is it time to jail some of the big players?  Do we have to rethink banking?  Maybe.

Jamie Dimon

Banks Plea Guilty to Criminal Charges

Five of the biggest banks in the world pleaded guilty Wednesday to criminal charges and essentially admitted they defrauded their customers. What’s significant about this settlement — beyond the $5.6 billion in fines the banks must pay — is that it marks the end of the practice of allowing banks to neither admit nor deny wrongdoing.

The Justice Department insisted not only on criminal pleas but also that they come from the parent companies and not obscure overseas units, as some banks previously had been allowed to do. And the fines are substantial: The $2.5 billion criminal antitrust penalty that Citicorp, JPMorgan Chase, Barclays and Royal Bank of Scotland collectively must pay is the largest of its kind in U.S. history. Justice also ripped up a 2012 nonprosecution agreement with Switzerland’s UBS and forced the bank, a repeat offender, to plead guilty to felony wire fraud stemming from an older violation.

These guilty pleas may make it easier for other financial institutions, investors and pension funds to seek redress in civil court. The transcripts from the currency traders’ online chat rooms will undoubtedly prove most helpful. “If you aint cheating, you aint trying,” reads one.

So will Wednesday’s deal change the way banks do business? The case of UBS gives one pause.. All told, banks have paid about $100 billion in fines since the financial crisis.

Another way to discourage fraud without unduly punishing an entire industry is to prosecute individuals. Justice officials made it clear that they intend to pursue members of “The Cartel,” the self-described group of traders who colluded from 2007 to 2013 to manipulate currency rates in their favor. To really change behavior, those traders’ superiors — and the executives to whom they report — should have to answer for their inability to stop the criminal misconduct in their midst.

Our associate Andreas Frank has provided continuous documentation of the criminal activities of banks since the inception of this website.  He testified in a Labor Department hearing in January, 2015, in which Credit Suisse asked for an exemption after they pled guilty to aiding and abetting tax evasion in the US.  They could not continue to do their 2 billion dollar pension business in the US as ‘criminals’ unless they got this exemption.  No  decision has been reached to date.  Criminal pleas only have teeth when they mean something.

Jamie Dimon

The Clintons and The Bankers

Nomi Prins writes:  When Hillary Clinton video-announced her bid for the Oval Office, she claimed she wanted to be a “champion” for the American people. Since then, she has attempted to recast herself as a populist and distance herself from some of the policies of her husband. But Bill Clinton did not become president without sharing the friendships, associations, and ideologies of the elite banking sect, nor will Hillary Clinton. Such relationships run too deep and are too longstanding.

To grasp the dangers that the Big Six banks (JPMorgan Chase, Citigroup, Bank of America, Wells Fargo, Goldman Sachs, and Morgan Stanley) presently pose to the financial stability of our nation and the world, you need to understand their history in Washington, starting with the Clinton years of the 1990s. Alliances established then (not exclusively with Democrats, since bankers are bipartisan by nature) enabled these firms to become as politically powerful as they are today and to exert that power over an unprecedented amount of capital. Rest assured of one thing: their past and present CEOs will prove as critical in backing a Hillary Clinton presidency as they were in enabling her husband’s years in office.

In return, today’s titans of finance and their hordes of lobbyists, more than half of whom held prior positions in the government, exact certain requirements from Washington. They need to know that a safety net or bailout will always be available in times of emergency and that the regulatory road will be open to whatever practices they deem most profitable.

Whatever her populist pitch may be in the 2016 campaign — and she will have one — note that, in all these years, Hillary Clinton has not publicly condemned Wall Street or any individual Wall Street leader.

 

Hillary Clinton’s access to her husband’s past banker alliances, amplified by the ones that she has formed herself, makes her more of a friend than an adversary to the banking industry. In her brief 2008 candidacy, all four of the New York-based Big Six banks ranked among her top 10 corporate donors. They have also contributed to the Clinton Foundation. She needs them to win, just as both Barack Obama and Bill Clinton did.

No matter what spin is used for campaigning purposes, the idea that a critical distance can be maintained between the White House and Wall Street is naïve given the multiple channels of money and favors that flow between the two. It is even more improbable, given the history of connections that Hillary Clinton has established through her associations with key bank leaders in the early 1990s, during her time as a senator from New York, and given their contributions to the Clinton foundation while she was secretary of state. At some level, the situation couldn’t be less complicated: her path aligns with that of the country’s most powerful bankers. If she becomes president, that will remain the case.  The Clintons and the Banks

Will Big Banks Plea to Crimes?

Hugh Son, Dakin Campbell, Greg Farrell and Tom Schoenberg write The U.S. Justice Department is seeking criminal guilty pleas from the parent companies of banks that are poised to admit to rigging foreign-exchange markets, said people briefed on the negotiations.Four global banks — Citigroup Inc., JPMorgan Chase & Co., Barclays Plc and Royal Bank of Scotland Group Plc — plan to plead guilty in coming days to antitrust violations related to manipulating currency rates, people familiar with the matter have said. Some of the pleas will be made by the banks’ holding companies instead of individual units, two people said on Tuesday.At least two of the banks sought to make their pleas from overseas subsidiaries, only to have the Justice Department counter that the admissions should come from their main banking units, according to a person briefed on the talks. They are discussing a compromise in which the holding companies would make the pleas, and that would be consistent with other banks, the person said.

 UBS Group AG, the fifth bank that these people have said will reach a settlement, will take a different path: The Justice Department is poised to tear up an earlier agreement not to prosecute UBS in connection with interest-rate manipulation, according to a person familiar with the talks.  US Justice Dept. to Press Charges against Big Banks

Jamie Dimon, Chase

Warren Takes on the “I” in F.I.R.E.

Pam and Russ Martens write:  In 2013, it was only because of Senator Warren that we learned that the so-called Independent Foreclosure Reviews to settle the claims of 4 million homeowners who had been illegally foreclosed on by the bailed out Wall Street banks were a sham. The “independent” consultants were hired by the banks, paid by the banks, and the banks themselves were allowed to determine the number of victims.

It was Senator Warren who put the high frequency trading scam described in the Michael Lewis book, “Flash Boys,” into layman’s language the American people could understand.

In 2013, Warren, together with Senators John McCain, Maria Cantwell and Angus King, introduced the “21st Century Glass-Steagall Act.” Warren explained why the legislation is critically needed:

“By separating traditional depository banks from riskier financial institutions,” said Warren, “the 1933 version of Glass-Steagall laid the groundwork for half a century of financial stability. During that time, we built a robust and thriving middle class. But throughout the 1980’s and 1990’s, Congress and regulators chipped away at Glass-Steagall’s protections, encouraging growth of the megabanks and a sharp increase in systemic risk. They finally finished the task in 1999 with the passage of the Gramm-Leach-Bliley Act, which eliminated Glass-Steagall’s protections altogether.”

Nine years later, the financial system crashed, leaving the economy in the worst condition since the Great Depression.

Last December, Warren made headlines again, stepping onto the Senate floor to reveal to the American people how Citigroup, the bank that received the largest taxpayer bailout in the history of the country after it imploded from its own derivatives bets in 2008 – had just slipped language into the spending bill to overturn part of the Dodd-Frank financial reform bill meant to rein in that behavior going forward. Despite her pleas, the bill passed both houses of Congress and was signed into law by President Obama.

Today, Warren is under fire by the “I” in F.I.R.E. – the insurance industry. On April 28, she sent letters to 15 insurance companies, including AIG, the international insurance company that blew itself up in 2008 by taking on the risks of Wall Street’s credit default swap bets and was bailed out with $182 billion from taxpayers.

The letters asked the insurance companies to provide Warren with the specifics on the incentives they offer to push the sale of annuities, the number and value of the incentives awarded, and the companies’ policies for disclosing these potential conflicts of interest. The letters were sent to the 15 companies with the highest 2014 annuity sales to individuals: Jackson National Life, AIG Companies, Lincoln Financial Group, Allianz Life, TIAA-CREF, New York Life, Prudential Annuities, Transamerica, AXA USA, MetLife, Nationwide, Pacific Life, Forethought Annuity, RiverSource Life Insurance, and Security Benefit Life.

Elizabeth Warren Won't Let Go