ICIJ
·
The International Consortium of Investigative Journalists
The Panama Papers
This story was reported and written by Bastian Obermayer, Gerard Ryle, Marina Walker Guevara, Michael Hudson, Jake Bernstein, Will Fitzgibbon, Mar Cabra, Martha M. Hamilton, Frederik Obermaier, Ryan Chittum, Emilia Diaz-Struck, Rigoberto Carvajal, Cécile Schilis-Gallego, Marcos Garcia Rey, Delphine Reuter, Matthew Caruana Galizia, Hamish Boland-Rudder, Miguel Fiandor and Mago Torres.
( de México participo la revista Proceso y Aristegui Noticias).
Giant Leak of Offshore Financial Records Exposes Global Array of Crime and Corruption
( de México participo la revista Proceso y Aristegui Noticias).
Giant Leak of Offshore Financial Records Exposes Global Array of Crime and Corruption
Millions
of documents show heads of state, criminals and celebrities using secret
hideaways in tax havens
By
The International Consortium of Investigative Journalists
Apr
3, 2016
In
this story
Files
reveal the offshore holdings of 140 politicians and public officials from
around the world
Current
and former world leaders in the data include prime ministers of Iceland and
Pakistan, the president of Ukraine, and the king of Saudi Arabia
More
than 214,000 offshore entities appear in the leak, connected to people in more
than 200 countries and territories
Major
banks have driven the creation of hard-to-trace companies in offshore havens
A
massive leak of documents exposes the offshore holdings of 12 current and
former world leaders and reveals how associates of Russian President Vladimir
Putin secretly shuffled as much as $2 billion through banks and shadow
companies.
The
leak also provides details of the hidden financial dealings of 128 more
politicians and public officials around the world.
The
cache of 11.5 million records shows how a global industry of law firms and big
banks sells financial secrecy to politicians, fraudsters and drug traffickers
as well as billionaires, celebrities and sports stars.
These
are among the findings of a yearlong investigation by the International
Consortium of Investigative Journalists, German newspaper Süddeutsche Zeitung
and more than 100 other news organizations.
The
files expose offshore companies controlled by the prime ministers of Iceland
and Pakistan, the king of Saudi Arabia and the children of the president of
Azerbaijan.
They
also include at least 33 people and companies blacklisted by the U.S.
government because of evidence that they’d been involved in wrongdoing, such as
doing business with Mexican drug lords, terrorist organizations like Hezbollah
or rogue nations like North Korea and Iran.
One
of those companies supplied fuel for the aircraft that the Syrian government
used to bomb and kill thousands of its own citizens, U.S. authorities have
charged.
“These
findings show how deeply ingrained harmful practices and criminality are in the
offshore world,” said Gabriel Zucman, an economist at the University of
California, Berkeley and author of “The Hidden Wealth of Nations: The Scourge
of Tax Havens.” Zucman, who was briefed on the media partners’ investigation,
said the release of the leaked documents should prompt governments to seek
“concrete sanctions” against jurisdictions and institutions that peddle
offshore secrecy.
Chinese
President Xi Jinping and British Prime Minister David Cameron. Photo: UK
Government / Georgina Coupe
World
leaders who have embraced anti-corruption platforms feature in the leaked
documents. The files reveal offshore companies linked to the family of China’s
top leader, Xi Jinping, who has vowed to fight “armies of corruption,” as well
as Ukrainian President Petro Poroshenko, who has positioned himself as a
reformer in a country shaken by corruption scandals. The files also contain new
details of offshore dealings by the late father of British Prime Minister David
Cameron, a leader in the push for tax-haven reform.
The
leaked data covers nearly 40 years, from 1977 through the end of 2015. It
allows a never-before-seen view inside the offshore world — providing a
day-to-day, decade-by-decade look at how dark money flows through the global
financial system, breeding crime and stripping national treasuries of tax
revenues.
Most
of the services the offshore industry provides are legal if used by the law
abiding. But the documents show that banks, law firms and other offshore
players have often failed to follow legal requirements that they make sure
their clients are not involved in criminal enterprises, tax dodging or
political corruption. In some instances, the files show, offshore middlemen
have protected themselves and their clients by concealing suspect transactions
or manipulating official records.
The
documents make it clear that major banks are big drivers behind the creation of
hard-to-trace companies in the British Virgin Islands, Panama and other
offshore havens. The files list nearly 15,600 paper companies that banks set up
for clients who want keep their finances under wraps, including thousands
created by international giants UBS and HSBC.
The
records reveal a pattern of covert maneuvers by banks, companies and people
tied to Russian leader Putin. The records show offshore companies linked to
this network moving money in transactions as large as $200 million at a time.
Putin associates disguised payments, backdated documents and gained hidden influence
within the country’s media and automotive industries, the leaked files show.
A
Kremlin spokesman did not answer questions for this story, but instead went
public March 28 with charges that ICIJ and its media partners were preparing a
misleading “information attack” on Putin and people close to him.
The
leaked records — which were reviewed by a team of more than 370 journalists
from 76 countries — come from a little-known but powerful law firm based in
Panama, Mossack Fonseca, that has branches in Hong Kong, Miami, Zurich and more
than 35 other places around the globe.
The
firm is one of the world’s top creators of shell companies, corporate
structures that can be used to hide ownership of assets. The law firm’s leaked
internal files contain information on 214,488 offshore entities connected to
people in more than 200 countries and territories. ICIJ will release the full
list of companies and people linked to them in early May.
The
data includes emails, financial spreadsheets, passports and corporate records
revealing the secret owners of bank accounts and companies in 21 offshore
jurisdictions, from Nevada to Singapore to the British Virgin Islands.
Files
show a number of luxury yachts bought and sold through offshore companies.
Photo: Twiga269 / Flickr
Mossack
Fonseca’s fingers are in Africa’s diamond trade, the international art market
and other businesses that thrive on secrecy. The firm has serviced enough
Middle East royalty to fill a palace. It’s helped two kings, Mohammed VI of
Morocco and King Salman of Saudi Arabia, take to the sea on luxury yachts.
In
Iceland, the leaked files show how Prime Minister Sigmundur David Gunnlaugsson
and his wife secretly owned an offshore firm that held millions of dollars in
Icelandic bank bonds during that country’s financial crisis.
The
files include a convicted money launderer who claimed he’d arranged a $50,000
illegal campaign contribution used to pay the Watergate burglars, 29
billionaires featured in Forbes Magazine’s list of the world’s 500 richest
people and movie star Jackie Chan, who has at least six companies managed
through the law firm.
As
with many of Mossack Fonseca’s clients, there is no evidence that Chan used his
companies for improper purposes. Having an offshore company isn’t illegal. For
some international business transactions, it’s a logical choice.
The
Mossack Fonseca documents indicate, however, that the firm’s customers have
included Ponzi schemers, drug kingpins, tax evaders and at least one jailed sex
offender. A U.S. businessman convicted of traveling to Russia to have sex with
underage orphans signed papers for an offshore company while he was serving his
prison sentence in New Jersey, the records show.
The
files contain new details about major scandals ranging from England’s most
infamous gold heist to the bribery allegations convulsing FIFA, the body that
rules international soccer.
The
leaked documents reveal that the law firm of Juan Pedro Damiani, a member of
FIFA’s ethics committee, had business relationships with three men who have
been indicted in the FIFA scandal — former FIFA vice president Eugenio
Figueredo and Hugo and Mariano Jinkis, the father-son team accused of paying
bribes to win broadcast rights to Latin American soccer events. The records
show that Damiani’s law firm in Uruguay represented an offshore company linked
to the Jinkises and seven companies linked to Figueredo.
In
response to the reporting by ICIJ and its media partners, FIFA’s ethics panel
has launched a preliminary investigation into Damiani’s relationship to
Figueredo. A spokesman for the committee said Damiani first informed the panel
about his business ties to Figueredo on March 18. That was one day after the
reporting team sent questions to Damiani about his law firm’s work for
companies tied to the former FIFA vice president.
Argentine
soccer player Lionel Messi. Photo: Shutterstock / CP DC Press
The
world’s best soccer player, Lionel Messi, is also found in the documents. The
records show Messi and his father were owners of a Panama company: Mega Star
Enterprises Inc. This adds a new name to the list of shell companies known to
be linked to Messi. His offshore dealings are currently the target of a tax
evasion case in Spain.
Whether
they’re famous or unknown, Mossack Fonseca works aggressively to protect its
clients’ secrets. In Nevada, the records show, the law firm tried to shield
itself and its clients from the fallout from a legal action in U.S. District
Court by removing paper records from its Las Vegas branch and having its tech
gurus wipe electronic records from phones and computers.
The
leaked files show the firm regularly offered to backdate documents to help its
clients gain advantage in their financial affairs. It was so common that in
2007 an email exchange shows firm employees talking about establishing a price
structure — clients would pay $8.75 for each month farther back in time that a corporate
document would be backdated.
In
a written response to questions from ICIJ and its media partners, the firm said
it “does not foster or promote illegal acts. Your allegations that we provide
shareholders with structures supposedly designed to hide the identity of the
real owners are completely unsupported and false.”
The
firm added that the backdating of documents “is a well-founded and accepted
practice” that is “common in our industry and its aim is not to cover up or
hide unlawful acts.”
The
firm said it couldn’t answer questions about specific customers because of its
obligation to maintain client confidentiality.
The
law firm’s co-founder, Ramón Fonseca, said in a recent interview on Panamanian
television that the firm has no responsibility for what clients do with the
offshore companies that the firm sells. He compared the firm to a “car factory”
whose liability ends once the car is produced. Blaming Mossack Fonseca for what
people do with their companies would be like blaming a carmaker “if the car was
used in a robbery,” he said.
Under
scrutiny
Until
recently, Mossack Fonseca has largely operated in the shadows. But it has come
under growing scrutiny as governments have obtained partial leaks of the firm’s
files and authorities in Germany and Brazil began probing its practices.
In
February 2015, Süddeutsche Zeitung reported that German law-enforcement
agencies had launched a series of raids targeting one of the country’s biggest
banks, Commerzbank, in a tax-fraud investigation that authorities said could
lead to criminal charges against Mossack Fonseca employees.
In
Brazil, the law firm has become a target in a bribery and money laundering
investigation dubbed “Operation Car Wash” (“Lava Jato,” in Portuguese), which
has led to criminal charges against leading politicians and an investigation of
popular former president Luiz Inacio Lula da Silva. The scandal threatens to
unseat current President Dilma Rousseff.
Employees
of Mossack Fonseca were among those arrested by Brazilian police as part of
Operation Car Wash.
In
January, Brazilian prosecutors labeled Mossack Fonseca as a “big money
launderer” and announced they had filed criminal charges against five employees
of the firm’s Brazilian office for their role in the scandal.
Mossack
Fonseca denies any wrongdoing in Brazil.
The
disclosures found inside the law firm’s leaked files dramatically expand on
previous leaks of offshore records that ICIJ and its reporting partners have
revealed in the past four years.
In
the largest media collaboration ever undertaken, journalists working in more
than 25 languages dug into Mossack Fonseca’s inner workings and traced the
secret dealings of the law firm’s customers around the world. They shared
information and hunted down leads generated by the leaked files using corporate
filings, property records, financial disclosures, court documents and
interviews with money laundering experts and law-enforcement officials.
Reporters
at Süddeutsche Zeitung obtained millions of records from a confidential source
and shared them with ICIJ and other media partners. The news outlets involved
in the collaboration did not pay for the documents.
Before
Süddeutsche Zeitung obtained the leak, German tax authorities bought a smaller
set of Mossack Fonseca documents from a whistleblower, a move that triggered
the raids in Germany in early 2015. This smaller set of files has since been
offered to tax authorities in the United Kingdom, the United States and other
countries, according to sources with knowledge of the matter.
The
larger set of files obtained by the news organizations offers more than a
snapshot of one law firm’s business methods or a catalog of its more unsavory
customers. It allows a far-reaching view into an industry that has worked to
keep its practices hidden — and offers clues as to why efforts to reform the
system have faltered.
The
story of Mossack Fonseca is, in many ways, the story of the offshore system
itself.
Crime
of the century
Before
dawn on Nov. 26, 1983, six robbers slipped into the Brink’s-Mat warehouse at
London’s Heathrow Airport. The thugs tied up the security guards, doused them
in gasoline, lit a match and threatened to set them afire unless they opened
the warehouse’s vault. Inside, the thieves found nearly 7,000 gold bars,
diamonds and cash.
“Thanks
ever so much for your help. Have a nice Christmas,” one of the crooks said as
they departed.
British
media dubbed the heist the “Crime of the Century.” Much of the loot — including
the cash reaped by melting the gold and selling it — was never recovered. Where
the missing money went is a mystery that continues to fascinate students of
England’s underworld.
Mossack
Fonseca co-founder Jürgen Mossack.
Now
documents within Mossack Fonseca’s files reveal that the law firm and its
co-founder, Jürgen Mossack, may have helped the conspirators keep the spoils
out of the hands of authorities by protecting a company tied to Gordon Parry, a
London wheeler-dealer who laundered money for the Brink’s-Mat plotters.
Sixteen
months after the robbery, the records show, Mossack Fonseca set up a Panama
shell company called Feberion Inc. Jürgen Mossack was one the company’s three
“nominee” directors, a term used in the business for stand-ins who control a
company on paper but exercise no real authority over its activities.
An
internal memo written by Mossack shows he was aware in 1986 that the company
was “apparently involved in the management of money from the famous theft from
Brink’s-Mat in London. The company itself has not been used illegally, but it
could be that the company invested money through bank accounts and properties
that was illegitimately sourced.”
Mossack
Fonseca records from 1987 make it clear that Parry was behind Feberion. Rather
than help authorities gain access to Feberion’s assets, the law firm took steps
that prevented U.K. police from gaining control of the company, the records
show.
After
police obtained the two certificates that controlled the company’s ownership,
Mossack Fonseca arranged for Feberion to issue 98 new shares, a move that
appears to have effectively wrested control away from investigators, the leaked
records show.
It
was not until 1995 — three years after Parry was sent to prison for his role in
the gold caper — that Mossack Fonseca ended its business relationship with
Feberion.
A
spokesman for the law firm said any allegations the firm helped shield the
proceeds of the Brink’s-Mat robbery “are entirely false.” The spokesman said
Jürgen Mossack “never had any dealings” with Parry and was never contacted by
police about the case.
Mossack
Fonseca’s defense of the dodgy company illustrates how far many offshore
operatives will go to serve their customers’ interests.
The
offshore system relies on a sprawling global industry of bankers, lawyers,
accountants and these go-betweens who work together to protect their clients’
secrets. These secrecy experts use anonymous companies, trusts and other paper
entities to create complex structures that can be used to disguise the origins
of dirty money.
“They
are the gasoline that runs the engine,” says Robert Mazur, a former U.S. drug
agent and author of The Infiltrator: My Secret Life Inside the Dirty Banks
Behind Pablo Escobar’s Medellín Cartel. “They’re an extraordinarily important
piece of the formula of success for criminal organizations.”
Mossack
Fonseca told ICIJ that it follows “both the letter and spirit of the law.
Because we do, we have not once in nearly 40 years of operation been charged
with criminal wrongdoing.”
The
men who founded the firm decades ago — and continue today as its main partners
— are well-known figures in Panamanian society and politics.
Mossack
Fonseca co-founder Ramón Fonseca.
Jürgen
Mossack is a German immigrant whose father sought a new life in Panama for his
family after serving in Hitler’s Waffen-SS during World War II. Ramón Fonseca
is an award-winning novelist who has worked in recent years as an adviser to
Panama’s president. He took a leave of absence as presidential adviser in March
after his firm was implicated in the Brazil scandal and ICIJ and its partners
began to ask questions about the law firm’s practices.
From
its base in Panama, one of the world’s top financial secrecy zones, Mossack
Fonseca seeds anonymous companies in Panama, the British Virgin Islands and
other financial havens.
The
law firm has worked closely with big banks and big law firms in places like The
Netherlands, Mexico, the United States and Switzerland, helping clients move
money or slash their tax bills, the secret records show.
An
ICIJ analysis of the leaked files found that more than 500 banks, their
subsidiaries and branches have worked with Mossack Fonseca since the 1970s to
help clients manage offshore companies. UBS set up more than 1,100 offshore
companies through Mossack Fonseca. HSBC and its affiliates created more than
2,300.
In
all, the files indicate Mossack Fonseca worked with more than 14,000 banks, law
firms, company incorporators and other middlemen to set up companies, foundations
and trusts for customers, the records show.
Mossack
Fonseca says these middlemen are its true clients, not the eventual customers
who use offshore companies. The firm says these middlemen provide additional
layers of oversight for reviewing new customers. As for its own procedures,
Mossack Fonseca says they often exceed “the existing rules and standards to
which we and others are bound.”
In
its efforts to protect Feberion Inc., the shell company linked to the
Brink’s-Mat gold heist, Mossack Fonseca used the services of a Panama-based
firm, Chartered Management Company, run by Gilbert R.J. Straub, an American
expatriate who played a cameo role in the Watergate scandal.
In
1987, as U.K. police were investigating the shell company, Jürgen Mossack and
Feberion’s other paper directors resigned, with the understanding they’d be
replaced by new directors appointed by Straub’s Chartered Management, the
secret files show.
Straub
was eventually caught in a U.S. Drug Enforcement Administration sting that was
unrelated to the Brink’s-Mat case, according to Mazur, the former undercover
agent. During one of his deep-cover stints, Mazur built the case that led
Straub to plead guilty to money laundering in 1995. Believing Mazur was a
well-connected money launderer, Straub tried to establish his own criminal bona
fides, Mazur says, by describing how he’d illegally channeled cash to President
Nixon’s 1972 re-election campaign.
Secrets
and victims
Nick
Kgopa’s father died when Nick was 14. His father’s workmates at a gold mine in
northern South Africa said Nick’s dad had been killed by chemical exposure.
Nick
and his mother and his younger brother, who is deaf, survived thanks to monthly
checks from a fund for widows and orphans of mineworkers.
One
day the payments stopped.
Gold
miners in South Africa. Photo: AP Photo / Themba Hadebe
His
family was one of many that lost out because of a $60 million investment fraud
pulled off by South African businessmen. Prosecutors alleged that a group of
individuals connected to an asset management company, Fidentia, had schemed to
loot millions from investment funds — including the mineworkers’ death benefits
pool that was supporting some 46,000 widows and orphans.
Mossack
Fonseca’s leaked documents show that at least two of the men involved in the
fraud used the Panama-based law firm to create offshore companies — and that
Mossack Fonseca was willing to help one of the fraudsters protect his money
even after authorities publicly linked him to the scandal.
Ponzi
schemers and other fraudsters who bilk large numbers of victims often use
offshore structures to pull of their schemes or hide the proceeds. The Fidentia
case isn’t the only big-ticket fraud that appears in the files of Mossack
Fonseca’s clients.
In
Indonesia, for example, small investors claim a company incorporated by Mossack
Fonseca in the British Virgin Islands was used to scam 3,500 people out of at
least $150 million.
“We
really need that money for our son’s education fee this April,” one Indonesian
investor emailed Mossack Fonseca in April 2007 after payouts had stopped.
“You
can give us any suggestion something we can do,” the investor asked in broken
English after seeing Mossack Fonseca’s name on the investment fund’s
advertising leaflet.
In
the Fidentia case, Mossack Fonseca’s records show that one of the men later
jailed in South Africa for his role in the fraud, Graham Maddock, paid Mossack
Fonseca $59,000 in 2005 and 2006 to create two sets of offshore companies,
including one called Fidentia North America. The law firm’s records say it gave
him “the VIP service.”
Mossack
Fonseca also created offshore structures for Steven Goodwin, a man that
prosecutors later claimed had played an “instrumental role” within the Fidentia
swindle. As the scandal broke in 2007, Goodwin flew to Australia, then to the
U.S., where a Mossack Fonseca lawyer met with him at a luxury hotel in
Manhattan to discuss his offshore holdings, the firm’s internal records show.
The
firm official later wrote that he and Goodwin “spoke deeply” about the Fidentia
scandal and that he had “convinced Goodwin to better protect” his offshore
company’s assets by passing them to a third party.
In
his memo, the firm official told colleagues that Goodwin wasn’t involved in the
scandal “in any way whatsoever” — he was just “a victim of the circumstances.”
In
April 2008, the FBI arrested Goodwin in Los Angeles and sent him back to South
Africa, where he pleaded guilty to fraud and money laundering. He was sentenced
to 10 years in prison.
A
month after Goodwin’s sentencing, an employee at Mossack Fonseca suggested a
plan for frustrating South African prosecutors who were expected to start
digging into assets linked to Goodwin’s offshore company, Hamlyn Property LLP,
which had been set up to buy real estate in South Africa.
The
employee proposed having an accountant “prepare” audits for 2006 and 2007 “to
try to prevent the prosecutor from taking actions against the entities behind
Hamlyn.” He set off “prepare” in quote marks in his email.
It’s
unclear whether the proposal was adopted.
Mossack
Fonseca did not answer questions from ICIJ about its relationship with Goodwin.
A representative for Goodwin told ICIJ that Goodwin “had nothing whatsoever” to
do Fidentia’s collapse “or anything directly or indirectly to do with the
46,000 widows and orphans.”
Politically
exposed
On
Feb. 10, 2011, an anonymous company in the British Virgin Islands named
Sandalwood Continental Ltd. loaned $200 million to an equally shadowy firm
based in Cyprus called Horwich Trading Ltd.
The
following day, Sandalwood assigned the rights to collect payments on the loan —
including interest — to Ove Financial Corp., a mysterious company in the
British Virgin Islands.
For
those rights, Ove paid $1.
But
the money trail didn’t end there.
The
same day, Ove reassigned its rights to collect on the loan to a Panama company
called International Media Overseas.
It
too paid $1.
In
the space of 24 hours the loan had, on paper, traversed three countries, two
banks and four companies, making the money all but untraceable in the process.
Close
allies of Russian President Vladimir Putin make extensive use of offshore
holdings to shuffle large sums of money. Photo: AP Photo / Krill Kudryavtsev
There
were plenty of reasons why the men behind the transaction might want it
disguised, not least of all because the money trail came uncomfortably close to
Russian leader Vladimir Putin.
St.
Petersburg-based Bank Rossiya, an institution whose majority owner and chairman
has been called one of Putin’s “cashiers,” established Sandalwood Continental
and directed the money flow.
International
Media Overseas, where rights to the interest payments from the $200 million
appear to have landed, was controlled, on paper, by one of Putin’s oldest
friends, Sergey Roldugin, a classical cellist who is godfather to Putin’s
eldest daughter.
The
$200 million loan was one of dozens of transactions totaling at least $2
billion found in the Mossack Fonseca files involving people or companies linked
to Putin. They formed part of a Bank Rossiya enterprise that gained indirect
influence over a major shareholder in Russia’s biggest truck maker and amassed
secret stakes in a key Russian media property.
Suspicious
payments made by Putin’s cronies may have in some cases been designed as
payoffs, possibly in exchange for Russian government aid or contracts. The
secret documents suggest that much of the loan money originally came from a
bank in Cyprus that at the time was majority owned by the Russian
state-controlled VTB Bank.
In
a media conference call last week, Putin spokesman Dmitry Peskov said the government
wouldn’t reply to “honey-worded queries” from ICIJ or its reporting partners,
because they contain questions that “have been asked hundreds of times and
answered hundreds of times.”
Peskov
added that Russia has “available the full arsenal of legal means in the
national and international arena to protect the honor and dignity of our
president.”
Under
national laws and international agreements, firms like Mossack Fonseca that
help create companies and bank accounts are supposed to be on the lookout for
clients who may be involved in money laundering, tax evasion or other
wrongdoing. They are required to pay special attention to “politically exposed
persons” — government officials or their family members or associates. If
someone is a “PEP,” the middlemen creating their companies are expected to
review their activities carefully to make sure they are not engaging in
corruption.
Mossack
Fonseca told ICIJ that it has “duly established policies and procedures to
identify and handle those cases where individuals” qualify as PEPs.
Often,
Mossack Fonseca appeared not to realize who its customers were. A 2015 internal
audit found that the law firm knew the identities of the real owners of just
204 of 14,086 companies it had incorporated in Seychelles, a tax haven in the
Indian Ocean.
British
Virgin Islands authorities fined Mossack Fonseca $37,500 for violating
anti-money-laundering rules because the firm incorporated a company for the son
of former Egyptian President Hosni Mubarak but failed to identify the
connection, even after the father and son were charged with corruption in
Egypt. An internal review by the law firm concluded, “our risk assessment
formula is seriously flawed.”
In
all, an ICIJ analysis of the Mossack Fonseca files identified 61 family members
and associates of prime ministers, presidents or kings.
The
records show, for example, that the family of Azerbaijan President Ilham Aliyev
used foundations and companies in Panama to hold secret stakes in gold mines
and London real estate. The children of Pakistani Prime Minister Nawaz Sharif
also owned London real estate through companies created by Mossack Fonseca, the
law firm’s records show.
Family
members of at least eight current or former members of China’s Politburo
Standing Committee, the country’s main ruling body, have offshore companies
arranged though Mossack Fonseca. They include President Xi’s brother-in-law,
who set up two British Virgin Islands companies in 2009.
Representatives
for the Azeri, Pakistani and Chinese leaders did not respond to requests for
comment.
The
list of world leaders who used Mossack Fonseca to set up offshore entities
includes the current president of Argentina, Mauricio Macri, who was director
and vice president of a Bahamas company managed by Mossack Fonseca when he was
a businessman and the mayor of Argentina’s capital, Buenos Aires. A spokesman
for Macri said the president never personally owned shares in the firm, which
was part of his family’s business.
During
the bloodiest days of Russia’s 2014 invasion of the Ukraine’s Donbas region,
the documents show, representatives of Ukrainian leader Petro Poroshenko
scrambled to find a copy of a home utility bill for him to complete the
paperwork to create a holding company in the British Virgin Islands.
A
spokesperson for Poroshenko said the creation of the company had nothing to do
with “any political and military events in Ukraine.” Poroshenko’s financial
advisers said the president didn’t include the BVI firm in his 2014 financial
disclosures because neither the holding company nor two related companies in
Cyprus and the Netherlands have any assets. They said that the companies were
part of a corporate restructuring to help sell Poroshenko’s confectionery business.
When
Sigmundur David Gunnlaugsson became Iceland’s prime minister in 2013 he
concealed a secret that could have damaged his political career. He and his
wife shared ownership in an offshore company in the British Virgin Islands when
he entered parliament in 2009. He sold his stake in the company months later to
his wife for $1.
The
company held bonds originally worth millions of dollars in three giant
Icelandic banks that failed during the 2008 global financial crash, making it a
creditor in their bankruptcies. Gunnlaugsson’s government negotiated a deal
with creditors last year without disclosing his family’s financial stake in the
outcome.
Gunnlaugsson
has denied in recent days that his family’s financial interests influenced his
stances. The leaked records do not make it clear whether Gunnlaugsson’s
political positions benefited or hurt the value of the bonds held through the
offshore company.
In
an interview with an ICIJ media partners, Reykjavik Media and SVT, Gunnlaugsson
denied hiding assets. When he was confronted with the name of the offshore
company linked to him — Wintris Inc. — the prime minister said “I’m starting to
feel a bit strange about these questions because it’s like you are accusing me
of something.”
Soon
after, he ended the interview.
Four
days later, his wife took the matter public, posting a note on Facebook
asserting that the company was hers, not his, and that she had paid all taxes
on it.
Since
then, members of Iceland’s parliament have questioned why Gunnlaugsson never
disclosed the offshore company, with one lawmaker calling for the prime
minister and his government to resign.
The
prime minister has fought back, putting out an eight-page statement arguing he
wasn’t required to publicly report his connection to Wintris because it was
really owned by his wife and because it was “merely a holding company, not a
company engaged in commercial activities.”
Offshore
cover-ups
In
2005, a tour boat called the Ethan Allen sank in New York’s Lake George,
drowning 20 elderly tourists. After the survivors and families of the dead
sued, they learned the tour company had no insurance because fraudsters had
sold it a fake policy.
Malchus
Irvin Boncamper, an accountant on the Caribbean island of St. Kitts, pleaded
guilty in a U.S. court in 2011 to helping the con artists launder proceeds of
their frauds.
articles/00Overview/160403-overview-11.jpg
The
Ethan Allen tour boat brought to the surface after sinking in Lake George, New
York. Photo: AP Photo / Mary Altaffer
This
created a problem for Mossack Fonseca, because Boncamper had served as the
front man — a “nominee” director — for 30 companies created by the law firm.
Once
it learned of Boncamper’s criminal conviction, Mossack Fonseca took quick
action. It told its offices to replace Boncamper as director of the companies —
and to backdate the records in a way that made it appear the changes had taken
place, in some cases, a decade earlier.
The
Boncamper case is one of the examples in the leaked files showing the law firm
using questionable tactics to hide its own methods or its customers’ activities
from legal authorities.
In
the “Operation Car Wash” case in Brazil, prosecutors allege that Mossack
Fonseca employees destroyed and hid documents to mask the law firm’s
involvement in money laundering. A police document says that, in one instance,
an employee of the firm’s Brazil branch sent an email instructing co-workers to
hide records involving a client who may have been the target of a police
investigation: “Do not leave anything. I will save them in my car or at my
house.”
In
Nevada, the leaked files show, Mossack Fonseca employees worked in late 2014 to
obscure the links between the law firm’s Las Vegas branch and its headquarters
in Panama in anticipation of a U.S. court order requiring it to turn over
information on 123 companies incorporated by the law firm. Argentine
prosecutors had linked those Nevada-based companies to a corruption scandal
involving an associate of former presidents Néstor Kirchner and Cristina
Fernández de Kirchner.
In
an effort to free itself from the American court’s jurisdiction, Mossack
Fonseca claimed that its Las Vegas office, MF Nevada, wasn’t in fact a branch
office at all. It said it had no control over the office.
The
firm’s internal records show the opposite. They indicate that the firm
controlled MF Nevada’s bank account and the firm’s co-founders and another Mossack
Fonseca official owned 100 percent of MF Nevada.
To
erase evidence of the connection, the law firm arranged to remove paper
documents from the branch and worked to delete computer traces of the link
between the Nevada and the Panama operations, internal emails show. One big
worry, an internal email said, was that the branch’s manager might be too
“nervous” to carry out the effort, making it easy for investigators to discover
“that we are hiding something.”
A
sign for MF Corporate Services outside a buisness complex in Las Vegas, Nevada.
Photo: McClatchy / Ronda Churchill
Mossack
Fonseca declined to answer questions about the Brazil and Nevada affairs, but
denied generally that it had obstructed investigations or covered up improper
activities.
“It
is not our policy to hide or destroy documentation that may be of use in any
ongoing investigation or proceeding,” the firm said.
Reforming
the secret world
In
2013, U.K. leader David Cameron urged his country’s overseas territories —
including the British Virgin Islands — to work with him to “get our own houses
in order” and join the fight against tax evasion and offshore secrecy.
He
could have looked no further than his late father to see how challenging that
would be.
Ian
Cameron, a stockbroker and multimillionaire, was a Mossack Fonseca client who
used the law firm to shield his investment fund, Blairmore Holdings, Inc., from
U.K. taxes.
The
fund’s name came from Blairmore House, his family’s ancestral country estate.
Mossack Fonseca registered the investment fund in Panama even though many of
its key investors were British. Ian Cameron controlled the fund from its birth
in 1982 until his death in 2010.
A
prospectus for investors said the fund “should be managed and conducted so that
it does not become resident in the United Kingdom for United Kingdom taxation
purposes.”
The
fund did this by using untraceable certificates of ownership known as “bearer
shares” and by employing “nominee” company officers based in the Bahamas, the
law firm’s leaked records show.
Ian
Cameron’s tax-haven history is an example of how deeply offshore secrecy is
woven into the lives of political and financial elites around the world. It’s
also an important economic engine for many countries. The weight of that
self-interest has made reform difficult.
In
the U.S., for example, states like Delaware and Nevada, which have allowed
company owners to remain anonymous, continue to fight against efforts to
require greater corporate transparency.
Mossack
Fonseca’s home country, Panama, has refused to embrace a plan for worldwide
exchange of information about bank accounts — out of concern that its offshore
industry could be left at a competitive disadvantage. Panama officials say they
will exchange information, but on a more modest scale.
The
challenge that reformers and law enforcers face is how to find and stop
criminal behavior when it’s buried beneath layers of secrecy. The most
effective tool for breaking through this secrecy has been leaks of offshore
documents that have dragged hidden dealings into the open.
Document
leaks uncovered by ICIJ and its media partners have prompted legislation and
official investigations in dozens of countries — and fanned fears among
offshore customers who worry their secrets will be revealed.
In
April 2013, after ICIJ released its “Offshore Leaks” stories based on
confidential documents from the British Virgin Islands and Singapore, some
Mossack Fonseca customers emailed the firm looking for reassurance that their
offshore holdings were safe from scrutiny.
Mossack
Fonseca told customers not to worry. It said its commitment to its clients’
privacy “has always been paramount, and in this regard your confidential
information is stored in our state-of-the-art data center, and any
communication within our global network is handled through an encryption
algorithm that complies with the highest world-class standards.”
This
story was reported and written by Bastian Obermayer , Gerard Ryle, Marina
Walker Guevara, Michael Hudson, Jake Bernstein, Will Fitzgibbon, Mar Cabra,
Martha M. Hamilton, Frederik Obermaier, Ryan Chittum, Emilia Diaz-Struck,
Rigoberto Carvajal, Cécile Schilis-Gallego, Marcos Garcia Rey, Delphine Reuter,
Matthew Caruana Galizia, Hamish Boland-Rudder, Miguel Fiandor and Mago Torres.
No hay comentarios.:
Publicar un comentario