By ICIJ
A trove of 13.4 million records exposes ties between Russia and U.S.
President Donald Trump’s billionaire commerce secretary, the secret
dealings of the
chief fundraiser for Canadian Prime Minister Justin Trudeau and the offshore interests of the queen of England and more than 120 politicians around the world.
The leaked documents, dubbed the
Paradise Papers,
show how deeply the offshore financial system is entangled with the
overlapping worlds of political players, private wealth and corporate
giants, including Apple, Nike, Uber and other global companies that
avoid taxes through increasingly imaginative bookkeeping maneuvers.
One offshore web leads to Trump’s commerce secretary, private equity tycoon
Wilbur Ross, who has a stake in a shipping company
that has received more than $68 million in revenue since 2014 from a
Russian energy company co-owned by the son-in-law of Russian President
Vladimir Putin.
In all, the offshore ties of more than a
dozen Trump advisers, Cabinet members and major donors appear in the leaked data.
The
new files come from two offshore services firms as well as from 19
corporate registries maintained by governments in jurisdictions that
serve as waystations in the global shadow economy. The leaks were
obtained by German newspaper Süddeutsche Zeitung and shared with the
International Consortium of Investigative Journalists and a network of
more than 380 journalists in 67 countries.
There is this small group of people who are not equally subject to the laws as the rest of us, and that’s on purpose
Brooke Harrington
The
promise of tax havens is secrecy – offshore locales create and oversee
companies that often are difficult, or impossible, to trace back to
their owners. While having an offshore entity is often legal, the
built-in secrecy attracts money launderers, drug traffickers,
kleptocrats and others who want to operate in the shadows. Offshore
companies, often “shells” with no employees or office space, are also
used in complex tax-avoidance structures that drain billions from
national treasuries.
The offshore industry makes “the poor
poorer” and is “deepening wealth inequality,” said Brooke Harrington, a
certified wealth manager and Copenhagen Business School professor who is
the author of ‘Capital without Borders: Wealth Managers and the One
Percent.’
“There is this small group of people who are not
equally subject to the laws as the rest of us, and that’s on purpose,”
Harrington said. These people “live the dream” of enjoying “the benefits
of society without being subject to any of its constraints.”
The records expand on the revelations from the leak of offshore documents that spawned the
2016 Panama Papers
investigation by ICIJ and its media partners. The new files shine a
light on a different cast of underexplored island havens, including some
with cleaner reputations and higher price tags, such as the Cayman
Islands and Bermuda.
The most detailed revelations emerge in decades of corporate records from the
white-shoe offshore law firm Appleby
and corporate services provider Estera, two businesses that operated
together under the Appleby name until Estera became independent in 2016.
At
least 31,000 of the individual and corporate clients included in
Appleby’s records are U.S. citizens or have U.S. addresses, more than
from any other country. Appleby also counted clients from the United
Kingdom, China and Canada among its biggest sources of business.
Nearly 7 million records from Appleby and affiliates cover the period
from 1950 to 2016 and include emails, billion-dollar loan agreements
and bank statements involving at least 25,000 entities connected to
people in 180 countries. Appleby is a member of the “Offshore Magic
Circle,” an informal clique of the planet’s leading offshore law
practices. The firm was founded Bermuda and has offices in Hong Kong,
Shanghai, the British Virgin Islands, the Cayman Islands and other
offshore centers.
Appleby has a well-guarded 100-year reputation
and has avoided public scrapes through a mixture of discretion and
expensive client monitoring.
In contrast to Appleby’s public
image, the files reveal a company that has provided services to risky
clients from Iran, Russia and Libya, failed government audits that
identified gaps in anti-money-laundering procedures and been fined in
secret by the Bermuda financial regulator. Appleby did not reply to
ICIJ’s detailed questions but released an online statement saying it had
investigated ICIJ’s questions and is “satisfied that there is no
evidence of any wrongdoing.”
The firm said it is “subject to
frequent regulatory checks, and we are committed to achieving the high
standards set by our regulators.”
The leaked cache of documents
includes more than half a million files from Asiaciti Trust, a
family-run offshore specialist that is headquartered in Singapore and
has satellite offices from Samoa in the South Pacific to Nevis in the
Caribbean.
The leaked files also include documents from
government business registries in some of the world’s most secretive
corporate havens in the Caribbean, the Pacific and Europe, such as
Antigua and Barbuda, the Cook Islands and Malta. One-fifth of the
world’s busiest secrecy jurisdictions are represented in these
databases.
Yes, the Duchy was aware that the Jubilee Absolute Return Fund was run offshore
Chris Addock
Taken
as a whole, the leaks reveal offshore traces of spy planes purchased by
the United Arab Emirates, the Barbados explosives company of a Canadian
engineer who tried to build a “super gun” for Iraqi dictator Saddam
Hussein and the Bermuda company of the late Marcial Maciel Degollado,
the influential Mexican priest who founded the Catholic religious order
the Legionaries of Christ and whose legacy was marred by allegations of
child sexual abuse.
Queen Elizabeth II has invested millions of
dollars in medical and consumer loan companies, Appleby’s files show.
While the Queen’s private estate, the Duchy of Lancaster, provides some
details of its investments in U.K. property, such as commercial
buildings scattered across southern England, it has never disclosed
details of its offshore investments.
“Yes, the Duchy was aware
that the Jubilee Absolute Return Fund was run offshore,” said Chris
Addock, chief finance officer of the Duchy of Lancaster.
The
records show that as of 2007, the queen’s private estate invested in a
Cayman Islands fund that in turn invested in a private equity company
that controlled BrightHouse, a U.K. rent-to-own firm criticized by
consumer watchdogs and members of Parliament for selling household goods
to cash-strapped Britons on payment plans with interest rates as high
as 99.9 percent.
Other royals and politicians with newly
disclosed offshore ties include Queen Noor of Jordan, who was listed as
the beneficiary of two trusts on the island of Jersey, including one
that held her sprawling British estate; Sam Kutesa, Uganda’s foreign
minister and a former U.N. General Assembly president, who set up an
offshore trust in the Seychelles to manage his personal wealth; Brazil’s
finance minister, Henrique de Campos Meirelles, who created a
foundation in Bermuda “for charitable purposes”; and Antanas Guoga, a
Lithuanian member of the European Parliament and professional poker
player, who held a stake in an Isle of Man company whose other
shareholders included a gambling mogul who settled a fraud lawsuit in
the United States.
Wesley Clark, a one-time Democratic
presidential hopeful and a retired four-star U.S. Army general who
served as NATO’s supreme commander in Europe , was a director of an
online gambling company with offshore subsidiaries, the files show.
A spokesman for Queen Elizabeth II told ICIJ partner The Guardian
that the Duchy has an ongoing investment in the Cayman Island fund and
was not aware of the investment in BrightHouse. The Queen voluntarily
pays tax on income from the Duchy and its investments, the spokesman
said.
Queen Noor told ICIJ that “all the bequests made to her and
to her children by [the late King Hussein] have always been
administered according to the highest ethical, legal and regulatory
standards.”
Brazil’s Meirelles said the foundation he created
does not benefit him personally and will support education charities
after his death.
Guoga said he declared his investment in the Isle of Man company to authorities and sold the last of his shares in 2014.
“I
thought you could avoid, not evade, taxes but I found it was not
practical,” Kutesa told ICIJ’s media partner The Daily Monitor. He said
he did nothing with the company. “ I told Appleby to close it many years
ago.”
Clark did not reply to requests for comment.
In
addition to disclosures about politicians and corporations, the files
reveal details about the financial lives of the rich and famous – and the unknown. They include Microsoft co-founder Paul Allen’s yacht and submarines, eBay founder Pierre Omidyar’s Cayman Island investment vehicle, and music star Madonna’s shares in a medical supplies company. Pop singer and social justice activist Bono – listed under his full name, Paul Hewson – owned shares in a company registered in Malta that invested in shopping center in Lithuania, company records show. Other clients listed their occupations as dog groomer, plumber and wakeboard instructor.
Madonna
and Allen did not reply to requests for comment. Omidyar, whose Omidyar
Network donates to ICIJ, discloses his investment to tax authorities, a
spokeswoman said. Bono was a “passive, minority investor” in the Malta
company that closed down in 2015, a spokeswoman said.
Justin Trudeau and Donald Trump
Wealthy people across the political spectrum use the offshore system.
The
files reveal that Stephen Bronfman, Canadian Prime Minister Trudeau’s
adviser and close friend, teamed up with Liberal Party stalwart Leo
Kolber and Kolber’s son to quietly move millions of dollars to a Cayman
trust. The offshore maneuvers may have avoided taxes in Canada, the
United States and Israel, according to experts who reviewed some of the
3,000-plus files detailing the trust’s activities.
As the offshore riches grew, lawyers for Bronfman, the Kolbers and
other wealthy interests lobbied Canada’s Parliament to fight legislative
proposals to tax income from offshore trusts.
Bronfman remains a
key fundraiser for Trudeau, who has championed openness in government
and promised a crackdown on offshore tax dodging. In September, Trudeau
told the U.N. General Assembly: “Right now, we have a system that
encourages wealthy Canadians to use private corporations to pay a lower
tax rate than middle-class Canadians. That’s not fair and we’re going to
fix it.”
Kolber’s lawyers said in a letter to ICIJ’s partner CBC
that “none of the transactions or entities at issue were effected or
established to evade or even avoid taxation.” They added that the trusts
“were always in full conformity with all applicable laws and
requirements,” and said that no further comment would be provided by
Stephen Bronfman. Trudeau’s office declined to comment.
In the United States, the files reveal
personal or corporate offshore ties of key Trump associates who are charged with helping to put “America First.”
The
Appleby files show how Ross, Trump’s commerce secretary, has used a
chain of Cayman Islands entities to maintain a financial stake in
Navigator Holdings, a shipping company whose top clients include the
Kremlin-linked energy firm Sibur. Among Sibur’s key owners are Kirill
Shamalov, Putin’s son-in-law, and Gennady Timchenko, a billionaire the
U.S. government sanctioned in 2014 because of his links to Putin. Sibur
is a major customer of Navigator, paying the company more than $23
million in 2016.
When he joined Trump’s Cabinet, Ross divested
his interests in 80 companies. But he kept stakes in nine companies,
including the four that connect him to Navigator and its Russian
clients.
These revelations come against a backdrop of growing concerns about hidden Russian involvement in U.S. political affairs.
Sibur
is “a company with crony connections,” said Daniel Fried, a Russia
expert who has served in senior State Department posts in Republican and
Democratic administrations. “Why would any officer of the U.S.
government have any relationship with a Putin crony?”
A spokesman
for Ross said that the Commerce Secretary never met Putin’s son-in-law
or Sibur’s other owners and that he was not on the board of Navigator
when it initiated its relationship with Sibur.
Ross recuses
himself from matters that relate to international shipping, his
spokesman said, and “has been generally supportive of the
administration’s sanctions” against Russian entities.
The leaked files also led to other discoveries about U.S.-Russian business ties.
A document in the new cache of records helped steer ICIJ and its
media partners to public documents and Panama Papers files that
illuminate links between a pair of Kremlin-owned financial firms and
major investments in Twitter and Facebook.
In 2011, the investment fund run by tech mogul
Yuri Milner received $191 million
from one of the Russian government firms, VTB Bank, and quietly
invested that money in Twitter. Documents also show that a financial
subsidiary of the Kremlin-controlled energy giant Gazprom funded a shell
company that invested in a Milner-affiliated company that held roughly
$1 billion in Facebook shares shortly before the social network’s 2012
initial public offering.
More recently, Milner invested $850,000
in Cadre, a real estate firm co-founded by Trump’s son-in-law and White
House adviser, Jared Kushner.
Milner is a Russian citizen who
lives in Silicon Valley. His ties to Twitter, Facebook and Kushner’s
firm have been previously disclosed. But his links to the Kremlin
financial institutions weren’t known.
VTB confirmed that it had
used Milner’s fund to make an investment in Twitter. Facebook and
Twitter said they had properly reviewed Milner’s investments.
In
an interview, Milner said he was unaware of any possible involvement by
the Gazprom subsidiary in any of his deals and that none of his many
investments have been related to politics. He said he used his own money
in the Kushner investment.
On the other side of the U.S.
political divide, Ross’ predecessor as secretary of commerce, Penny
Pritzker, pledged to sell investments to avoid conflicts of interest
after she assumed her post in Democratic President Barack Obama’s
Cabinet. The files show that soon after she received Senate confirmation
in June 2013, Pritzker transferred her interests in two Bermuda
companies to a firm that used the same mailing address as her private
investment firm in Chicago. The company was “owned by trusts that are
for the benefit of Penny Pritzker’s children,” according to Appleby’s
files. These transfers may have fallen short of federal ethics standards
for divestment, according to ethics expert Lawrence Noble.
Republican
and Democratic donors alike appear in offshore records, including
Randal Quarles, a GOP-leaning donor and the new Wall Street watchdog at
the Federal Reserve. Quarles was an officer of two Cayman Island
companies, including one that was involved in a loan deal with a
Bermudan bank, N.T. Butterfield & Son. Until recently, Quarles held
an indirect interest in the bank, which is under investigation by U.S.
authorities for possible tax evasion by its American account holders.
Private equity funds controlled by Democratic mega-donor George Soros, a
hedge fund billionaire, use Appleby to help manage a web of offshore
entities, including an investment in one company engaged in reinsurance,
or insurance for insurers. His charitable organization, the Open
Society Foundations, is a donor to ICIJ.
A spokesperson at the
Federal Reserve said Quarles divested his indirect interest in the
Bermudan bank after he was confirmed for the government post. Soros
declined to comment. Pritzker did not respond to requests for comment.
Boardroom secrets
When
Appleby is not serving the interests of some of the world’s wealthiest
individuals, it provides nuts-and-bolts legal help to corporations that
seek to reduce their taxes in the countries where they do business.
Appleby is not a tax adviser, but the firm plays a role in tax programs
used by companies across the world.
In addition to top-flight
international banks such as Barclays, Goldman Sachs and BNP Paribas,
other elite Appleby clients have included the founder of one of the
Middle East’s largest construction conglomerates, the Saad Group, and
the Japanese company operating the crippled nuclear power plant in
Fukushima.
The files reveal that America’s most profitable
company, Apple Inc., shopped around Europe and the Caribbean for a new
island tax shelter after a U.S. Senate inquiry found that the tech giant
had avoided tens of billions of dollars in taxes by shifting profits
into Irish subsidiaries.
In one email exchange, Apple’s lawyers
asked Appleby to confirm that a possible move to one of six offshore tax
havens would allow an Irish subsidiary to “conduct management
activities . . . without being subject to taxation in these
jurisdictions.” Apple declined to comment on details of the corporate
reorganization but told ICIJ that it explained the new arrangements to
government authorities and that the changes did not reduce its tax
payments.
The files also reveal how big corporations cut their
taxes by creating offshore shell companies to hold intangible assets
such as the design of
One of Appleby’s top corporate
clients was Glencore PLC, the world’s largest commodity trader. The
files contain decades of deals, emails and multimillion-dollar loans to
bankroll ventures in Russia, Latin America, Africa and Australia.
Glencore was such an important client that it once had its own room within Appleby’s offices in Bermuda.
Company board meeting minutes document how Glencore representatives
leaned on Daniel Gertler, an Israeli businessman with high-level friends
in the Democratic Republic of the Congo, to help seal a deal for a
valuable copper mine. Glencore lent millions to a company, widely
believed to belong to Gertler, described in a U.S. Department of Justice
inquiry as a conduit for bribes. Gertler and Glencore were not named in
the case.
Glencore said its background checks on Gertler were
“extensive and thorough.” The Justice Department investigation “does not
constitute evidence of anything against Mr. Gertler,” his lawyers said,
adding that he “rejects absolutely any allegations of wrongdoing or
criminality by him.” No loans were used improperly or for inappropriate
purposes, Gertler’s lawyers said.
Offshore operatives
The
offshore industry is a globe-circling labyrinth of accountants,
bankers, money managers, lawyers and middlemen who get paid to serve the
interests of the rich and well-connected.
Appleby, for example,
is one link in a chain of offshore actors who helped sports stars,
Russian oligarchs and government officials to purchase jets, yachts and
other luxury items. The offshore experts helped Arkady and Boris
Rotenberg, two Russian billionaires and childhood friends of President
Putin, buy jets worth more than $20 million in 2013. U.S authorities
blacklisted the Rotenbergs in 2014 for their support of “Putin’s pet
projects” and for having banked “high price contracts” through the
Russian government. Appleby cut its ties with the brothers but, in one
case, received approval from the Isle of Man government nearly two years
after sanctions were imposed to disburse fees to keep one of the
brothers’ companies on the business register. The Rotenbergs did not
reply to Süddeutsche Zeitung’s requests for comment.
Clients
prize Appleby for its expertise, efficiency and global network of
professionals. Its peers repeatedly crown it Offshore Law Firm of the
Year.
But decades of private documents also show that even one of
the offshore industry’s brightest stars has hidden shortcomings:
accepting questionable clients and failing to monitor
multimillion-dollar money flows.
Bermuda financial regulators
fined the firm’s trust unit for breaching anti-money-laundering rules,
according to a confidential 2015 deal struck by Appleby and the
regulator. This year, Appleby reached a $12.7 million settlement in a
lawsuit in Canada in which nurses, firefighters and police officers
accused the firm of unquestioningly circulating money on behalf of a
client who designed an alleged alleged tax-avoidance scheme. Appleby and
the alleged mastermind did not admit wrongdoing.
Family-owned
Asiaciti advertises itself as helping clients to accumulate and
“preserve wealth from the ravages of litigation,” political upheavals
and family breakups. It has attracted Chinese millionaires, family
members of a Kazakh official convicted of corruption and a broad swath
of Americans, including doctors, poker players and a Colorado alfalfa
farmer.
If you say that you’ve cleaned it up, at the end of the day, can you really say that you’ve picked up every piece of seaweed?
Adrian Alhassan
The
leaked files from Asiaciti reveal how the firm set up trusts in the
Cook Islands for Kevin Trudeau, a U.S. infomercial frontman who sold
millions of copies of self-help books such as “The Weight-Loss Cure
‘They’ Don’t Want You to Know About.” In 2014, a Chicago judge sentenced
Trudeau to 10 years in federal prison for criminal contempt, calling
him a shameless fraudster who was “deceitful to the core” and once even
used his mother’s Social Security number in one of his scams.
Appleby
said in its online statement that it is committed to meeting
regulators’ standards. Appleby provides advice to clients “on legitimate
and lawful ways to conduct their business,” the firm said, and it does
not tolerate illegal behavior.
“It is true that we are not
infallible,” Appleby said. “Where we find that mistakes have happened we
act quickly to put things right.”
Asiaciti did not respond to requests for comment.
Adrian
Alhassan, a former compliance manager at Appleby’s Bermuda office told
ICIJ that if someone is “hellbent” on breaking the law, there’s only so
much an offshore services provider can do. “It’s not the FBI,” he said.
If the law firm spent years doing background research on clients, it
wouldn’t “get any work done.”
“It’s like cleaning a beach,”
Alhassan said in a telephone interview. “If you say that you’ve cleaned
it up, at the end of the day, can you really say that you’ve picked up
every piece of seaweed?”
Deepening inequality
Tax
havens’ secrecy laws entice those who wish to place their wealth and
dealings beyond the reach of regulators, investigators and the tax
collectors.
The documents from corporate registries in 19 such jurisdictions
reveal company names and details, directors and real owners of companies
created in many of the world’s busiest offshore hideouts.
The
documents come from high- and low-profile bastions of financial secrecy
such as Marshall Islands, Lebanon and St. Kitts and Nevis, a low-lying
Caribbean country recently hit by hurricanes. Some jurisdictions’
records are publicly available but impossible to search by an
individual’s name. Others, such as the Cayman Islands’ registry, charge
more than $30 for a one-page record that provides only basic
information. Six registries do not make information available online.
The
leaked files contain more than a thousand records from Antigua and
Barbuda, a Caribbean country that provides no online corporate
information and more than 600,000 documents from the online registry of
Barbados, which does not list shareholders or directors.
Over the
past decade or more, the European Union and other international
organizations have pressured offshore havens to reform their laws and
require that offshore go-betweens aggressively screen clients. Progress
has been slow, experts say, both because of the challenges of changing
practices across a global web of jurisdictions and because powerful
people and big companies benefit from the offshore system.
They
do so at the expense of the many – shifting the burden of taxation to
middle-income taxpayers and giving multinational corporations an
advantage over smaller competitors. Where it hurts most is in nations
struggling to provide the basics for their populations.
In West
Africa, Burkina Faso officials who monitor the tax payments of the
largest companies doing business there work from cramped offices with
broken air-conditioning units. Burkina Faso is among the poorest
countries in the world. On average, a citizen there earns less annually
than the owner of an offshore company in Bermuda pays in registration
fees. The country’s tax office sought $29 million in unpaid taxes and
penalties from Glencore, the world’s 16th-largest company and a major
user of Appleby’s services. Glencore protested and the penalty was
reduced to $1.5 million.
Helping the rich get richer through
offshore maneuvers is not a “benign benefit,” said Harrington, the
Copenhagen Business School professor. “When the rich get richer, the
poor get poorer, because individual wealthy people are not paying their
fair share of taxes.”
“It won’t be lost on wealth managers and
those in the offshore industry,” she said, “that we are reaching sort of
French Revolution levels of inequality and injustice.”