newsweek.com
<http://www.newsweek.com/panama-papers-finance-business-mossack-fonesca-4436
48>  


Panama Papers: Who was behind the investigation into elite's tax havens?


By Paul Lashmar On 4/4/16 at 8:16 AM

This article was originally published on The Conversation
<http://theconversation.com> . Read the original article
<https://theconversation.com/panama-papers-remarkable-global-media-operation
-holds-rich-and-powerful-to-account-57196> .

With the Panama Papers <https://panamapapers.icij.org/>  exposé perhaps we
can now say the fortress walls of offshore secrecy are finally cracking.
Such havens allow corruption and tax avoidance to take place on a massive
international scale by some of the richest and most powerful people on
Earth. Meanwhile, the poor get poorer.

Western politicians have huffed and puffed about clamping down on offshore
havens
<http://www.telegraph.co.uk/news/politics/david-cameron/10067378/David-Camer
ons-call-to-tackle-tax-avoidance.html>  but in reality their collective
breath would not have knocked over a little piggie's straw house let alone
bastions of vested interest. It is thanks to investigative reporters,
whistleblowers and unprecedented international media collaboration that the
matter is being forced.

Try Newsweek for only  <http://www.newsweek.com/subscribe> $1.25 per week 

The advocacy group Global Financial Integrity
<http://www.icij.org/blog/2013/04/release-offshore-records-draws-worldwide-r
esponse>  reports that illegal channelling of profits offshore cost
developing countries nearly US$6 trillion between 2001 and 2010
<http://www.reuters.com/article/us-funds-global-illicit-idUSBRE8BH0022012121
8> . As Facebook posters like to remind us, one percent of the world's
population owns half the wealth and they like to hoard it.

But finally things may be changing. We are being treated to the third major
offshore data leak in as many years. The first was the Cayman Islands tax
leak in 2013
<http://www.theguardian.com/uk/2013/apr/03/offshore-secrets-offshore-tax-hav
en>  that exposed a huge number of major figures worldwide as holding
accounts in the tiny island-a British dependency-in secrecy.

Then there was the great HSBC leak
<http://www.bbc.co.uk/news/business-31248913>  which revealed that the
company's Swiss private bank had helped wealthy account holders from other
nations to dodge huge sums of due tax. Now it is the turn of Panama
<http://www.bbc.co.uk/news/world-35918844> -an excellent place to park large
sums of money.

The Panama investigation has again featured a network of like-minded
journalists in a range of countries. The network has been built up over a
series of multinational collaborations. Among the organisations involved are
The Guardian and BBC TV's Panorama programme, which have a longstanding
relationship with the International Consortium of Investigative Journalists
(ICIJ) which is at the heart of this operation. The material is reported to
have been leaked to the German newspaper Süddeutsche Zeitung from the
database of Mossack Fonseca
<http://www.theguardian.com/news/2016/apr/03/mossack-fonsecas-response-to-th
e-panama-papers> , the world's fourth biggest offshore law firm.

As the cracks appear in the once invincible wall of tax haven secrecy, it
must be dawning on the rich and powerful that their privacy is no longer
guaranteed. The opening reports of the Panama Papers focus on a US$2bn trail
to Vladimir Putin
<http://www.theguardian.com/news/2016/apr/03/panama-papers-money-hidden-offs
hore> , the president of Russia. But we can expect coming days to bring
revelations about many more people. The last thing the rich and powerful who
have offshore bank accounts want is publicity about them. Their questions
must be "where next" and "which havens remain safe?"


Secret banking paradise


What is important about Panama's financial services industry? If you tap
"Panama offshore" into Google you get a long list of adverts offering to set
up a Panama offshore (secret) bank account for you.

For those wanting to establish a really secret tax avoidance scheme it is
not good enough just to pick one offshore tax haven-say the British Virgin
Islands or the Cayman Islands. You need a series of interlocking offshore
accounts in different jurisdictions to guarantee anonymity. British Virgin
Islands is good for setting up companies
<http://www.theglobeandmail.com/report-on-business/rob-magazine/how-i-learne
d-to-avoid-the-taxman-in-the-british-virgin-islands/article567793/?page=all>
and the Caymans provides extremely discreet bank accounts. Meanwhile Panama
is tax exempt <https://internationalliving.com/countries/panama/taxes/>  and
stonewalls requests for company information from investigators in the rest
of the world.

Offshore companies incorporated in Panama-and the owners of the
companies-are exempt from any corporate taxes, withholding taxes, income
tax, capital gains tax, local taxes, and estate or inheritance taxes,
including gift taxes.

Panama has more than 350,000
<http://www.taxjustice.net/2016/03/30/panama-the-making-of-a-tax-haven-and-r
ogue-state/>  secretive International Business Companies (IBCs) registered:
the third largest number in the world after Hong Kong and the British Virgin
Islands. Alongside incorporation of IBCs, Panamanian financial services are
proactive in forming tax-avoiding foundations and trusts, insurance, and
boat and shipping registration. Violation of financial secrecy is punishable
by prison.

Panama ranks at 14th position on the 2015 Financial Secrecy Index
<http://www.financialsecrecyindex.com/introduction/fsi-2015-results> . But
it remains a jurisdiction of particular concern
<http://www.taxjustice.net/2016/03/30/panama-the-making-of-a-tax-haven-and-r
ogue-state/> . The Organisation for Economic Co-operation and Development's
Pascal Saint Amans summed up the problem recently
<http://www.taxjustice.net/2016/03/30/panama-the-making-of-a-tax-haven-and-r
ogue-state/> : "From the standpoint of reputation, Panama is still the only
place where people still believe they can hide their money."

The Tax Justice Network <http://www.taxjustice.net/>  says that "until now
Panama has been fairly indifferent to reputational issues, but the increased
attention that Panama receives will inevitably raise concerns among the
punters that Panama is no longer able to effectively protect the identity of
the crooks and scammers attracted by its dodgy laws and equally dodgy law
firms."

TJN says Panama has long been the recipient of drugs money from Latin
America, plus ample other sources of dirty money from the US and
elsewhere-it is one of the oldest and best known tax havens in the Americas.
In recent years it has adopted a hard-line position as a jurisdiction that
refuses to cooperate with international transparency initiatives.

In Jeffrey Robinson's 2003 examination of tax havens: The Sink
<http://www.theguardian.com/books/2003/dec/13/highereducation.news1> :
Terror, Crime and Dirty Money in the Offshore World, a US Customs official
is quoted as saying:

The country is filled with dishonest lawyers, dishonest bankers, dishonest
company formation agents and dishonest companies registered there by those
dishonest lawyers so that they can deposit dirty money into their dishonest
banks. The Free Trade Zone is the black hole through which Panama has become
one of the filthiest money laundering sinks in the world.


The investigators


The emergence of a multinational network of journalists prepared to take on
these secret havens has at its heart the investigative journalist Gerald
Ryle <http://www.walkleys.com/walkleys-winners/gerard-ryle/> , who spent 26
years working as a reporter and editor in Australia and Ireland, including
many years at The Sydney Morning Herald and The Age newspapers.

A quietly spoken man, he uncovered some of the biggest stories in Australian
journalism, winning four prestigious Walkley Awards including the Gold
Walkley, Australia's highest award for journalism.

While working for the Sydney Morning Herald in Australia, Ryle was told by a
source he would receive an significant package which could be the biggest
story of his career.

I still remember the day it arrived, there was just the office manager
there, I just hugged her and thanked her and walked back to my office. I
pulled the package open and there was a hard drive inside.

At first he did not know what it all meant but it became clear that it was
an enormous cache of details of confidential emails, documents and files
from the offshore world. From what could be made of the scattered and vastly
disorganised material, Ryle later recalled his thoughts.

I know it is a potential goldmine but I don't actually know what I'm looking
at, I'm not sure how valuable it is.

Ryle knew it was information from the secretive offshore world, was
authentic and that the next step was to organise extracting the data in some
kind of meaningful format. A chance to have access to the resources needed
for this type of operation became available when Ryle was offered a job
heading the International Consortium of Investigative journalists (ICIJ) in
Washington DC.

Founded in 1997, ICIJ was launched as a project of the Centre for Public
Integrity <http://www.publicintegrity.org>  to extend the centre's style of
watchdog journalism, focusing on issues that do not stop at national
frontiers
<http://www.icij.org/blog/2012/08/essential-elements-powerful-global-investi
gative-reporting> : cross-border crime, corruption, and the accountability
of power.


Teamwork


With the consortium's resources available to him, Ryle started to organise
an international effort to structure the information so that journalists
worldwide could analyse and find big names and stories from the data on a
safe and secure platform in an efficient and ordered way.

Within 24 hours of publication of details of Cayman Island tax havens in
April 2013, the Guardian was filled with stories from a collaboration with
the International Consortium of Investigative journalists (ICIJ). The tie-up
also included the BBC in the UK, Le Monde in France, Süddeutsche Zeitung and
Norddeutscher Rundfunk in Germany, The Washington Post, the Canadian
Broadcasting Corporation (CBC) and 31 other international media partners.

According to the ICIJ, 86 journalists from 46 countries used both hi-tech
data crunching and traditional reporting to sift through emails and account
ledgers covering nearly 30 years. One of the biggest hits for the ICIJ was
on Azerbijan
<https://www.icij.org/offshore/offshore-companies-provide-link-between-corpo
rate-mogul-and-azerbaijans-president> 's president, Ilham Aliyev, after he
and members of his family were revealed as shareholders in at least four
offshore companies. It is against Azerbaijani law to be involved in business
while in power. By September 2013, journalists from 190 countries had
produced stories from the database about prominent citizens who had hidden
offshore accounts.


HSBC leak


Then in February 2015 a team of journalists from 45 countries opened to
public scrutiny secret bank accounts maintained for criminals, traffickers,
tax dodgers, politicians and celebrities. Secret documents in the data batch
revealed that global banking giant HSBC profited from doing business with
arms dealers
<https://www.icij.org/project/swiss-leaks/banking-giant-hsbc-sheltered-murky
-cash-linked-dictators-and-arms-dealers> , the ICIJ reported. The leaked
files, based on the inner workings of a Swiss private banking arm of HSBC,
related to accounts holding more than $100 billion. They provided a rare
glimpse inside the super-secret Swiss banking system.

The documents, obtained by the ICIJ via the French newspaper
<http://www.lemonde.fr/evasion-fiscale/article/2015/02/08/swissleaks-the-bac
kstory-of-a-worldwide-investigation_4572334_4862750.html> Le Monde, showed
the private banking arm had dealt with clients who were engaged in illegal
behaviour.

In February 2015, after being informed of the full extent of the reporting
team's findings, HSBC gave a conciliatory response
<http://www.theguardian.com/business/2015/feb/08/hsbc-responds-revelations-m
isconduct-swiss-bank> , telling ICIJ: "We acknowledge that the compliance
culture and standards of due diligence in HSBC's Swiss private bank, as well
as the industry in general, were significantly lower than they are today."

Later that year ICIJ was given access to the largest data haul so far-some
11m documents covering accounts held by the rich across the globe. The
follow-up stories are breaking now and will fill news bulletins for
months-maybe years. It is proof-if any were needed-of the need for
investigative journalists to hold the powerful to account.

Paul Lashmar <http://theconversation.com/profiles/paul-lashmar-96273>  is a
senior lecturer in Journalism at the University of Sussex
<http://theconversation.com/institutions/university-of-sussex> 

 

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