http://www.usatoday.com/story/news/2016/04/05/panama-papers-firm-linked-1000-plus-us-companies/82670334/


Panama Papers firm linked to over 1,000 U.S. companies

Steve Reilly <http://www.usatoday.com/staff/30847/steve-reilly/> and Brad
Heath <http://www.usatoday.com/staff/679/brad-heath/>, USA TODAY 6:27 a.m.
EDT April 6, 2016

Here are 12 of the 140 politicians worldwide who have been linked to
Mossack Fonseca either directly or by association. Video by Jasper Colt and
Caleb Calhoun, USA TODAY

[image: Description: panama_papers]

The offices of Panama law firm Mossack Fonseca in Panama City on April 3,
2016. Hundreds of companies registered in Nevada list "officers" that are
actually companies sharing the same address as this building.(Photo: AP)



WASHINGTON -- The law firm at the hub of a global financial scandal has
links to more than 1,000 U.S. companies, formed mostly in Nevada and
Wyoming since 2001, but appears to have largely escaped the scrutiny of
U.S. financial regulators — at least in public.

The leak this week of more than 11 million records from the Panamanian
firm, Mossack Fonseca, has led to a global uproar that prompted Iceland’s
prime minister to step aside Tuesday. An international consortium of
journalists has reported the documents tie the firm, which specializes in
shell companies that can be used to conceal assets, to Russian oligarchs,
former heads of state and world soccer’s scandal-plagued governing body.



Yet despite those apparent dealings and its operations in the United
States, the firm has appeared in only a scattering of court cases and
regulatory filings. Most involve government attempts to track money the
authorities believed had been concealed behind overseas shell companies the
firm helped establish.

The Justice Department is “reviewing the reports” published by
international journalists, the head of its Criminal Division, Leslie
Caldwell, said Tuesday, but declined to elaborate.

The firestorm around Mossack Fonseca has been tied mostly to its work for
foreign customers. But state incorporation records show the firm helped set
up nearly 1,100 business entities in the United States since 2001.

The majority of U.S.-based companies linked to Mossack Fonseca were formed
in Nevada by M.F. Corporate Services (Nevada) Limited, a one-employee
company based out of a low-slung tile-roofed office building 20 miles from
the Las Vegas strip. MF Nevada has served as the registered agent for 1,026
business entities since 2001, according to USA TODAY's review of Nevada
business documents.



Publicly available information about many of the Nevada corporations is
limited to the fact that MF Nevada is the registered agent and a listing of
the officers. Many of the officers are businesses themselves — meaning no
individuals are listed in corporate records — and typically have addresses
in Anguilla, the Seychelles, Panama or another foreign country.

Nearly all of those companies were incorporated in Nevada and Wyoming, two
states with permissive corporate secrecy laws.

“If your goal is secrecy and not having prying eyes find out even the most
basic things about what you’re doing and what your company is and who owns
it, Wyoming and Nevada are incredibly attractive places from that secrecy
perspective,” said Matthew Gardner, executive director of the Institute on
Taxation and Economic Policy.

“These companies are using mechanisms that are precisely designed to avoid
prosecution, to avoid discovery,” he said. “Shell corporations are very
effective for conduits for avoiding the law, for whatever purpose.”



Among the Nevada-based corporations now falling under global scrutiny are
123 named in the Argentine government's investigation into corruption
allegations involving the current and former presidents of Argentina as
well as two business partners.

Another Nevada-based business entity, Cross Trading LLC, has been linked to
a corruption scandal involving FIFA, soccer’s international governing body.

Wyoming records show a Mossack Fonseca-linked business registration
operation was formed in the state in 2001, where it also has served as
registered agent.

Patricia Amunategui, who holds positions with the Nevada and Wyoming
registered agent operations, referred to the Wyoming operation as “another
product” in a 2014 deposition, which was part of a civil suit by a
Nevada-based company seeking to force MF Nevada to produce documents.

“If someone asks (for) a company in Nevada,” she said, “l say why not offer
them one in Wyoming.”

A third business registration entity linked to Mossack Fonseca is located
in Florida, and has served as registered agent for several dozen companies.

While many states' laws allow corporations to operate under a veil of
secrecy, forming shell companies has become a cottage industry in Wyoming,
Delaware and Nevada, said Heather Lowe, legal counsel and director of
government affairs for Global Financial Integrity, a research group based
in Washington.

“There is no information that they’re asking for that tells them who owns,
controls, (or) works for…the company,” she said. “It’s like a big black box
they’ve created.”

While Mossack Fonseca-linked business entities have operated on U.S. soil
for more than a decade, there are few records of any federal enforcement
actions against them. The firm surfaced most recently in a securities fraud
case in Manhattan.

In 2012, a federal judge in New York ordered former hedge fund manager
Chetan Kapur to pay the Securities and Exchange Commission $4.9 million as
the result of a civil suit accusing Kapur and his fund of having “engaged
in a pattern of deceptive conduct designed to bolster their track record,
size, and credentials.” Among other things, the SEC said, Kapur’s
ThinkStrategies Capital Management, failed to rigorously
screen investments, leading it to sink money into “several hedge funds that
were later revealed to be Ponzi schemes or other serious frauds.”

The judge ordered Kapur to pay the judgment by January 2013. Two years
later, Kapur had not paid. The SEC returned to court demanding that he
disclose all of his accounts, including “any entity associated with Mossack
Fonseca Group.” The securities agency filed copies of emails between Kapur
and a Mossack Fonseca affiliate, Mossfon Trust, in which he discussed
buying a “vintage shelf corporation.” Mossfon offered Kapur companies for
as little as $5,750.



In July, U.S. District Judge Paul A. Engelmayer jailed Kapur for contempt
until he pays the judgment. Engelmayer said the SEC “has developed
compelling evidence that Kapur possesses and has access to significant
assets” and ordered that he be “incarcerated until he purges the contempt.”
Kapur is locked up in a federal detention center in Brooklyn.

According to court records, Kapur testified that he did not purchase the
companies for himself, but did so on behalf of ThinkStrategy clients so
“they could avoid Know Your Customer requirements,” governing information
financial firms must collect about their customers. Kapur’s lawyer did not
respond to emails or phone messages on Tuesday. The SEC declined to comment
on the case.

Mossack Fonseca also made a brief appearance in the government’s case
against former Ukrainian prime minister Pavel Lazarenko, who was sentenced
to prison in 2006 for money laundering and fraud. According to court
records, a firm tracking Lazarenko’s assets through a firm in the British
Virgin Islands, “controlled" by a local agent from Mossack Fonseca.



The fact that so few cases involving Mossack Fonseca have been made public
doesn't mean the firm has escaped government attention, said Jeffrey
Neiman, a former federal tax prosecutor who now advises Americans with
financial holdings abroad. “The IRS records will stay in the IRS vault. So
the overwhelming majority will stay hidden from view,” he said.

Since the U.S. government began cracking down on Americans’ overseas
holdings in 2009, more than 54,000 people have disclosed financial
information to the IRS, the Justice Department said last month. They have
paid more than $8 billion in taxes, penalties and interest on overseas
earnings. But they also have provided the government with detailed
accountings of how they sheltered their money, including naming middlemen.

“That’s provided a treasure trove of information,” said Martin Press, a Ft.
Lauderdale tax attorney.



Press said the government’s crackdown on overseas holdings, which began by
targeting Swiss accounts, has since broadened to other parts of the globe.
“People out there should be aware that there’s a much greater chance of
being caught,” he said.

Caroline D. Ciraolo Delivers, acting head of the Justice Department’s Tax
Division, said last month that authorities are “identifying and
investigating accountholders and individuals, both domestic and foreign,
who helped U.S. taxpayers conceal foreign accounts and evade their tax
obligations.”

“Our investigations of both individuals and entities are well beyond
Switzerland at this point,” she said, “and no jurisdiction is off limits.”

*Contributing: Kevin Johnson*




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