FinCen exists to put commoners in jail, for the same things the Elites can do without going to jail. The Elites use Shell Companies to do the same tactics.
The following have FinCen put commoners in jail, but elites move money the same way via Shell companies and stay out of jail: 1) Breaking up transactions, to hide total amount. Commoners=Jail vs Elites=Shell Companies.
2) Fee assets when law enforcement comes = "Obstruction of Justice". Commoners=Jail w/FinCen. Elites=no jail via Shell companies articles of incorporation
3) Keeping identity secret. Commoners=Jail w/FinCen. Shell Companies= No Jail
4) ...list every way commoners go to jail via FinCan and cross boarder. Elites do full list via Shell companies and don't go to jail.
Are they that expensive to set up? I think a discerning commoner could consider doing so if the amount of money is enough to certainly trigger AML.
It depends.
Usually it isn't the shell company itself per se that is expensive, it is the professional advice to use it to achieve your desired ends that you pay the big bucks for.
That said, a run of the mill offshore company in <insert-island-banking-nation-here> runs around $3-5K USD per year in various administrative and filing fees, depending upon your specifics.
Slightly less for a US shell company.
However. In order to avail yourself of advice for various tax minimization tactics and strategies, and have those tax attorneys nearly indemnify you when the IRS comes a-knockin'...now you're talking percentages of AUM. It isn't the specific consultation fees, though those are fairly healthy. These consultants won't really materially help you when the IRS audits you unless you have been running your entire bookkeeping and CPA book of business through them the entire time. Those fees rack up quickly over the years.
Once I worked out their business model and the numbers, it suddenly made sense why the fancy tax minimization strategies were commonly employed only by large companies hiring these folks, large companies with in-house teams like this, or count-the-commas-club UHNWI's. The strategies they shared with me were clever, years later I independently confirmed they would have worked, but I don't have nearly enough FCF to sanely justify using them.
You've also got to have enough money that any tax authority looking at you decides you'd be an expensive target, so they won't try it unless they're sure it's a slam-dunk.
I always had thought that the idea of shell companies is that there is a long chain, or even DAG, of companies that own basically nothing but obligations of other such companies, and the structure is large enough that tracing it back to the original masters and beneficiaries becomes infeasible.
If running a typical no-op LLC is $200-300 a year, running 30 of them is $6-9k, not an entirely trivial amount but quite feasible for anyone interested to hide even mere $200-300k of illicit activities, like selling a moderate-size home.
No we can’t. Their clients would drop them with prejudice if they even suggested serving commoners.
Progressive ones have laws against refusals to open accounts, especially if you are a citizen of the country you’re trying to open an account in.
Celebrities and high profile figures named in court documents Prince Andrew Alan Dershowitz Emmy Taylor Sarah Kellen Eva Dubin Glen Dubin Jean Luc Brunel Nadia Marcinkova Bill Clinton Marvin Minsky Henry Jarecki Naomi Campbell Ron Eppinger Stephen Hawking
https://nymag.com/intelligencer/2019/08/what-the-unsealed-ep...
https://www.gutenberg.org/cache/epub/13169/pg13169-images.ht...
The answer isn't to do nothing and let it be a free-for-all.
Money stuff tends to follow power laws. The basic, beaurocratic checks probably dissuade 80% of offenders while only stopping maybe 20% of the volume.
Doing nothing would leave those 80% of offenders free to launder which seems bad. Meanwhile, it seems fair to call the measures mostly ineffective.
There’s also a cost to these measures. They frequently block or add friction for people just trying to do legitimate business. Is it worth it?
KYC doesn’t protect you from much, all sorts of scams still send money to bank accounts and you wont get your money back from the bank it was sent to even though they should have systems in place to know what is happening and where money is going.
And as you mention it doesn’t dissuade the powerful. So what’s the purpose other than control and bullying the ones who didn’t commit a crime?
Concentrating illicit behavior into fewer nodes also makes whacking them when necessary simpler. I doubt the concentration this paper notes would occur were Russian and Chinese oligarchs able to hold dollars without KYC.
The Spider's Web: Britain's Second Empire | Finance Documentary | History
https://www.youtube.com/watch?v=OYfnkLurLA8
And if you dont like the source, here are some alternatives.
https://www.theguardian.com/business/2012/jul/09/city-london...
https://www.theguardian.com/uk/2011/oct/31/corporation-londo...
https://www.theguardian.com/commentisfree/2011/oct/31/corpor...
https://www.theguardian.com/artanddesign/2016/feb/19/city-of...