Each business day HedgeCo.Net keeps you informed with the top hedge fund industry news, opinion and insight from around the globe. From the latest hedge fund launches, to the impact of regulation, competition, and investor activism - we track the topics and people that make a difference to you.
TimesOnline – It is understood that one chief executive was offered a flat tax rate of 10 per cent on his personal income if he relocated the company to Geneva and lived there, as long as he provided a forecast of earnings for the next ten years.
Although Switzerland is known for its flexible approach to taxation for individuals who meet strict criteria, such unsolicited approaches have happened recently and are the latest effort by Swiss authorities to capitalise on the worldwide financial crisis and the increasingly punishing tax regime for high earners in Britain. Other countries, including Panama, are also taking steps to boost their appeal to wealthy individuals.
Reuther – A group of wealthy clients who invested $50 million with two hedge funds felled by last year’s credit crisis are accusing Highland Capital Management’s partners of having lied about key facts.
LV Highland Credit Feeder Fund LLC, an investment vehicle managed by Long Vue Advisors in Boston, and several charitable foundations and wealthy individuals filed the lawsuit on Wednesday in a U.S. district court in Dallas.
The group is charging that the Dallas-based hedge fund firm and its co-founders James Dondero and Mark Okada and three other partners were dishonest about other clients’ requests to exit the funds at a time of increasing market turmoil.
Motley Fool – Hedge funds — private investment partnerships for wealthy individuals and institutions — are thought to be managed by well-informed, talented investors. Where are they placing their stock bets in this highly volatile market? And does the investing community agree? Let’s see what CAPS has to say on the matter. The Fool’s community of more than 130,000 uses the wisdom of crowds to determine which companies might be worth investing in.
Running a screen on companies with a market value greater than $2 billion, I found that the following five are near the top in terms of the increase in the percentage of shares owned by hedge funds:
The Columbus Dispatch – The hedge-fund industry, battered and humbled by the market downturn, no longer is planning to fight an increased role for government in regulating and inspecting the secretive investment pools.
Opposition has melted away as the market decline and prominent frauds have shattered the confidence of the pension funds, university endowments, charities and wealthy individuals who invest in the exclusive investment pools.
New York (HedgeCo.Net) – UBS may have until July 13 to “vigorously contest” the demands of the Internal Revenue Service to disclose the names associated with 52,000 offshore bank accounts, but the vice that the troubled Swiss bank is finding themselves in is getting tighter by the day. Tales of tax evasion, secrecy, greed, and diamonds smuggled in toothpaste tubes have garnered international interest, casting a blinding light of transparency on a bank that has helped thousands of wealthy Americans hide almost $15 billion from the U.S. government in recent years.
The wrath of the U.S. justice system doesn’t just stop at the bank. The wealthy individuals behind those targeted accounts are in danger of facing penalties, back taxes, even prison terms for their role in shielding their assets. And the UBS employees who catered to their client’s demands while showing them step by step how to hide their money and evade U.S. taxes? They will no doubt face prosecution, a fate that UBS is well aware of. And while UBS may uphold that their employees were acting in good faith, plenty of facts show otherwise.
“In my opinion, [the UBS employees] not only knew what they were doing was wrong, they were participating in the kind of international activities that you would only see in James Bond movies,” says Ken Rubinstein, Partner at New York City law firm Rubinstein & Rubinstein.
According to a complaint filed by the SEC, these UBS employees often traveled to the United States with encrypted laptops after having received training on how to avoid detection by U.S. authorities. These advisors then whisked their clients away to exclusive events such as art shows, yacht outings and sporting events, all funded by UBS.
Helping to kick-start the investigation was former UBS employee Bradley Birkenfeld, who pled guilty last year to charges of conspiracy and admitted to helping hide $200 million worth of client assets with the goal of avoiding taxes. Birkenfeld even disclosed he purchased diamonds for an American client – and smuggled them out of the country via a toothpaste tube.
The Defense
While the U.S. asserts they are entitled to these coveted names, UBS knows that the disclosure would no doubt end in their demise.
"Swiss law strictly prohibits UBS and its employees from disclosing to the IRS the account information located in Switzerland that the IRS seeks,” UBS lawyers have said recently.
However, this “Swiss law” defense that UBS is spouting will not hold up in court, says Rubinstein, referring to the Mutual Legal Assistance Treaty that has been in place with Switzerland since 1977.
The Mutual Legal Assistance Treaty is an agreement that the United States has with countries all over the world, which enables the U.S. government to obtain information in foreign countries should there be any suspicions of tax fraud or shady activity.
These treaties give the United States power to summon witnesses, obtain documents and other real evidence, issue search warrants and to serve process. A treaty will trump any internal laws of a specific country, therefore making the bank’s claim to Swiss secrecy rights obsolete.
The U.S. has also asserted that Switzerland was fully aware that what they were doing was illegal, despite any references to Swiss law, another fact that Rubinstein agrees with.
“UBS made a conscious decision that they could make more money by being international investment bankers, primarily focused in the US, than they could by being the traditional Swiss private bank to wealthy individuals,” he explains. “They understood that the minute they held that presence in the U.S., they would be compromising the secrecy that a Swiss private bank normally has.”
What’s at Stake
“Secrecy laws are not designed to protect criminals and allow them to hide their money,” Rubinstein explains. “They are designed to provide the individual privacy and protection from other individuals and companies, not from the government.”
It is because of this fact that secrecy laws will continue to be upheld in foreign countries, though not for the purpose of avoiding taxes. The treaties were enacted so the U.S. could easily probe into any suspicions regarding possible fraud.
To this date, there are only a handful of countries that do not have a treaty with the United States; mainly Cuba and Monaco.
UBS knows that if they’re forced to disclose those names, they can say goodbye to their U.S. clientele. If a judge rules against them, and they refuse to give up the information, they can be held in contempt of court, with the possibility that all of their U.S. assets would be frozen; a scenario that would essentially bankrupt the company.
UBS has already conceded to pay $780 million to the U.S. government in connection with criminal charges and has agreed to exit the cross-border business. Shares of UBS closed yesterday at $8.34, after hitting an all-time low last month of $8.08, down 76 percent from last year’s peak.
Julie Scuderi Senior Editor for HedgeCo.Net Email: julie@hedgeco.net
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BusinessWeek – The market for exotic securities hasn’t entirely gone away. It’s just gone underground—-six feet under, to be precise.
Hedge fund Davidson Kempner Capital Management is plunging into life settlements—a market in which speculators buy-up unwanted life insurance policies from wealthy individuals looking to score some quick cash. The $10 billion New York-based fund is planning on selling so-called “death bonds” to overseas investors, as part of a plan to potentially raise cash to finance its life settlements acquisition business.
New York (HedgeCo.Net) – U.S. authorities have officially declared Raoul Weil, formerly of UBS, a fugitive.
The one-time prominent business man and former chairman of UBS’s global wealth management unit, failed to surrender to police after being charged with aiding wealthy individuals in hiding their assets from the Internal Revenue Service.
According to the original complaint, Weil, who was based in Switzerland, headed a team of bankers that aimed to help 17,000 Americans hide about $20 billion via Swiss bank accounts, in hopes of avoiding U.S. taxes.
At that time, Weil worked in UBS’s cross-border private banking business. He stepped down from the bank when the charges were made public.
The order came yesterday in a Ft. Lauderdale courtroom, where Judge James Cohn officially removed Weil, 49, from the court’s pending case list and placed him on the clerk’s fugitive list.
If convicted, Weil faces up to five years in prison and $250,000 in fines.
Julie Scuderi Senior Editor for HedgeCo.Net Email: julie@hedgeco.net
New York (HedgeCo.Net) – Bernard Madoff will continue his house arrest at his swanky Manhattan apartment, after a judge refused to send him to prison on Monday.
Madoff’s lawyers have pointed out that he has cooperated fully with officials and investigators since allegedly confessing his $50 billion Ponzi-scheme to his sons last month.
“Aside from the bare assertion that there remains some risk of flight, the government has failed to articulate any flaw in the current conditions of release,” said Judge Ronald Ellis of U.S. District Court in Manhattan, speaking of the government’s original push to incarcerate Madoff.
Prosecutors have tried to convince the court that Madoff is a flight risk after forging alliances with individuals all across the globe. They also said he violated a court order that froze his assets after he dispersed more than $1 million worth of valuables via mail to friends and family.
Right now, Madoff is under 24 hour surveillance at his Manhattan home. His incoming and outgoing mail is also under investigation and he must provide a list to the U.S. government that outlines his portable valuables.
If convicted, Madoff faces up to 20 years in prison in what has proved to be the largest Wall Street scam in history. Dozens of wealthy individuals, banks, hedge funds and financial institutions have lost billions in investments tied to Madoff.
Julie Scuderi Senior Editor for HedgeCo.Net Email: julie@hedgeco.net
