Money laundering in the UK
theguardian.com
theguardian.com
Fun fact: all US tax residents, lawful permanent residents and citizens need to declare all foreign assets to the US government every year if they're over some pretty low thresholds. You may have to do this not once but twice if you're over slightly higher thresholds. One is or was known as FBAR and is a disclosure you need to make to the Department of the Treasury (specifically FinCEN). The other is Form 8938 and is part of your tax return (so to the IRS).
Both require you to list all assets you own, co-own or otherwise have signatory authority over... except for real estate. If you earn money from real estate (eg by renting it out) then that needs to be declared (and possibly taxed) but the ownership of the property itself does not. Why? Who lobbied for that exception?
I'm happy it was so easy, but in a way I'm also quite surprised I wasn't ask for anything more. This country has a lot of Russian expats, so called "new money". After two years you can sell a newly built property and only pay capital gains tax (if you sell before you need to pay VAT), so it does make me wonder how many people use this as a way to launder money.
Why would you need to provide such evidence? The money is being sent via bank transfer and the state knows what money is going in and out of your account, they can easily spot if your funds are illegitimate as long as your state has a semi-competent financial authority.
Of course, if you're a Billionaire Russian Oligarch, you might don't need a mortgage so this might not apply.
My take on this is, it is done, so that solicitors can claim plausible deniability should the money not be 100% above board, but to be fair I've not sought to inform myself on the legislation.
So, there exists methods to check at least.
This seems to be some dated but relevant law society advice https://www.lawsociety.org.uk/support-services/advice/practi...
I do know that I gifted someone buying a house £2k via bank transfer. The solicitor queried it, had me fill out a form saying who I was, why I'd transferred the money, where I'd got the money from and to prove it. I was able to provide them with a statement from a savings account showing a regular amount going in and then £2k being withdrawn and that satisfied them.
Like Cyprus?
With this and Brexit and everything else, I really want out of this country. But then I'd have to move back to the US.
As for the FBAR, it is annoying, but at least only tedious and not onerous. I will never have enough money to really justify having to fill out these forms - and the people who really ought to are the ones with enough to hire the specialists to hide it from the US government.
London residents (at least those of us without property) certainly do!
As an American living abroad, it's kind of annoying. Filing the FBAR only takes a couple minutes though. You basically enter basic account info (bank, country, etc) and the max balance that it had during the year. It's like half a page. If you are over the $50k threshold and need to file an 8938, you probably have income abroad as well and are already having to pay a tax attorney/accountant to handle your taxes for you. Again, annoying but workable. Honestly, the simple fact that as a US citizen, I always have to file taxes in the US no matter where I live or get my income, is the bigger pain. FBAR/FATCA stuff is like 5% of the total bureaucratic BS that expats have to deal with. The more annoying part of FATCA is that because the banks also have to report back to the IRS, many non-US banks just refuse to allow US citizens to open accounts. That has more of an impact because it limits where you can bank and will affect things like buying property.
Things get more complex when you own a non-US ETF or mutual fund. Now you own a passive income trust that’s treated differently, with its own reporting requirements.
It can also be a headache to take advantage of your country’s non-retirement tax-advantaged savings programs (e.g.: Canada’s TFSA)
Or if you’re a director of a corporation, like being a board member of the building you live in.
It’s also headaches for a condominium if a US citizen becomes a board member, which they usually can’t stop because they were voted in. If their old bank didn’t want to deal with US persons, now they have to hang everything over to someone that does.
In reality, however, enforcement is lax - the IRS is getting decimated thanks to Trump and co. and so going after the small fry is not cost effective. High profile cases, e.g. Boris Johnson who has American citizenship, are just as much for PR purposes as enforcing the law. The IRS went after him because he was selling his house, something like that, and so it was profitable to get him for avoiding US tax law.
The IRS makes overseas compliance for ordinary and accidental (just happening to be born on US soil, but otherwise no connection) American citizens very difficult and opaque, and the penalties are extraordinarily disproportionate when most of the time they usually owe absolutely nothing to US tax authorities other than paperwork.
It also makes access to financial products for American citizens and ex-citizens abroad difficult because local banks don't want to risk dealing with the millions on non-compliant citizens because they also face very high penalties for providing services to non-compliant citizens.
Essentially no other country taxes on the basis of citizenship instead of residency, and they are making a pig's ear of it.
He renounced his American citizenship, also mentioned by another commenter, over the matter you described i.e. US Tax ($50k+) for sale of his home in the UK.
https://www.theguardian.com/politics/2017/feb/08/boris-johns...
The FBAR is not under the IRS for the enforcement though, it's FinCEN.
In the US any property can be owned by an anonymous business which you own through deeds.
What resources does a solo firm that specializes in real estate have?
If they think the money is suspicious, do they have to report to anyone, or the suspicious person can just find another lawyer that will handle it without the new lawyer knowing about the last’s suspicion?
Canadian lawyers are exempt from a lot of reporting requirements, and I’m not confident in their ability to suss out international criminal money laundering out of their 1 person office...
Yes, a Suspicious Activity Report. But in my experience the report is filed into a black hole. I've filed SARs (unrelated to real estate but I believe the process is the same) with the UK Government before. Guess how many times they followed up? Zero.
Not saying it's not a problem, but they should have looked into how easy it is to get banking for these "novelty" businesses.
A passport might be just about forgeable if you have the skills but they can also look up the passport number, and there are identity verification companies that are able to do just this. That's a lot harder to get around.
I could of course be mistaken.
A few years ago someone went to a Vodafone store, opened a contract and walked out with a new iPhone in my name. I'm not exactly sure what they used to do that, but shortly after I found bank accounts and other phone contracts in my name, so I assume they used the Vodafone contract as proof of address.
Don't you also need passport/id card? I suppose they have to accept a birth certificate too, so maybe that's the easiest thing to fake
Curious how this sort of high level crime can continue in the UK even after all these articles and investigations...
At least: if you bring up the leopard as an example of animal having spots, be prepared to document it has them.
I knew I wanted to go contracting so I setup a ltd company and had a business bank account within a couple of days.
Having a duly registered company with fake directors gets you nowhere without a bank account.
The AML/KYC process was outsourced. The customer would go through the registration form, provide their details, and then we would hit up the third party AML/KYC API, which would come back with details on the additional information required.
We would then have to chase up the customer for this information (usually a picture of their passport/utility bill, that sort of thing) and provide this back to the third party handling AML/KYC, who would then give authorization to another third party to create the actual bank account.
The whole thing seemed ripe for abuse. After a bank account was created, at no point was the customer contacted by the third party to tell them a bank account had been created in their name. If I was malicious and knew somebodies address history, DOB and had a picture of their passport, I could create a bank account for them with a couple of API calls, and they wouldn't have a clue.
It used to be that to get a bank account you would have to physically go to the bank and meet a human being first, but we’ve moved away from that.
We were closely watched by, and regularly in touch with, the FCA who didn't have any problem with what we were doing.
For example one of the companies mentioned: https://beta.companieshouse.gov.uk/company/OC364391/filing-h... : the two "members" of the limited liability partnership are Marteza Alliance Ltd and Dorado Group Ltd, both Seychelles registered companies.
In the unlikely event of the government wanting to fix this, I frankly think they should (a) ban the use of LLP by anyone other than natural persons and (b) blacklist all the tax evasion jurisdictions entirely. They will never do the latter but might be persuaded to move on the former.
This would really hurt the online-only banks if it were true. I opened a (personal) Capital One account online.
Lots of branches in NY will be more than happy to open a bank account for you and give you a credit card if you have 1500-2000 US dollars.
https://www.eternitylaw.net/info/litsenzii/offshore-bank-lic...
http://www.bankinglicensing.com/how-to-purchase-a-bank/banks...
All those draconian AML rules on individuals make no sense in light of that.
It’s Unfair to say the least!
So let's say, somewhere in the chain of onwership there are some real unsuspecting people, possibly accounting agencies, managing real banking accounts. By the time you find them the money will be gone, the agencies will disappear, the occupants of the registered postal addresses will be different. You are going to need a lot of official inquiries in multiple countries to trace everything back to the source. It might prove to be almost impossible to do.
Or by the time you finish your investigation Putin himself will be gone.
Just recently I opened a secondary account with an app only bank. Other finance apps can simply use the API to help you keep track of your own spending, etc.
Of course immigrants may have additional hurdles with banking in the UK, I don't know.
Perhaps you misunderstood me or I wasn't clear - when I first got here, I tried to deposit a check into my account using another branch / office than the one I where I opened my account. I couldn't. It is not a matter of opening another account with _another_ bank. From the little I know of the banking system, things are or were not then, as wholly integrated as they were in the States. OTOH, the US is only now catching up to the rest of the world w/ Chip and PIN debt/credit cards....
Opening an account is indeed unnecessarily difficult for immigrants, and UK landlords can get away with anything due to an almost total absence of regulation.
If you submitted it for proof of address purposes and you have service from that utility in your name but with different consumption values, I would think it would not.
If you submitted it for proof of address purposes and you do not have service from that utility in your name, I would think it would be.
Except if the bank sells off a region (e.g. merges with another bank, but is required to sell off some operations for competition reasons), then you’ll end up following your home branch.
It used to be that the home branch would technically be responsible for verifying cheques, but i’m Sure that’s all centralized now too.
That hasn't been my experience for 15+ years.
2. If money is dirty, you should be able to prove a crime was committed to procure that money. If you can't, then the allegation is mere suspicion, and we've entered the territory of "guilty until proven innocent" civil forfeiture.
However I think your second point is arguing against a statement the article doesn't make at all. The article is really arguing about making it possible to prove guilt, not just seizing everyone's assets and then checking if they're dirty!
That's not how free societies work. The state must find evidence of a crime and then use that evidence to prove the crime occurred. It cannot require everyone to document their activity, and pass it off to authorities, under pain of imprisonment, so that authorities are given evidence of crimes as they occur.
The idea that anything not vetted by the state should be suspected of being "dirty", and shunned, is a dangerous ideological framework that favors tyranny and extreme centralization of power.
[0] - https://qz.com/india/1301746/nirav-modi-to-vijay-mallya-high...
However banks still have their “know your customer” requirements, and generally need to understand and verify the ultimate owner of an entity. That is where the checks are. Just registering a company doesn’t give you access to a bank account. Where companies like HSBC get in trouble is they do the verification incorrectly, wink, and don’t discover the error until someone points it out to them.
Money coming in and out of traditional tax havens gets a lot of scrutiny. As someone mentioned earlier most current money laundering schemes involve real estate or buying profitable businesses. I’ve read the mexican drug cartels will buy winning lottery tickets from people (at full value!) because it allows them to justify their income.
Including tons of other establishment figures, global leaders, kleptocrats, and business moguls, but of course only those in the eye of the British "national interests" or out of grace with the establishment on both sides of the pond, like Manafort and Yanukovich are mentioned in the BBC...
Having it there and not being able to use is...useless.
FBI raided his home, found many bespoke suits in his closet. They traced them back to a high-end tailor and retailer in LA and went and asked them who paid for the suits. From there they located the offshore company and found it was in complete control of Manafort
Where in Beverly Hills did Manafort Spend $500,000 in suits?
https://www.latimes.com/local/california/la-me-manafort-rode...
Loans from UK companies to their directors are subject to corporation tax when the loans are granted. The corporation tax may be reclaimed after the loans are paid back: https://www.gov.uk/directors-loans/you-owe-your-company-mone...