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Christian Reeves

Hiding Money in the U. S. of A.

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Want to hide money from the tax man? Come to America – Hiding Money is big big business.

“…the U.S. system welcomes foreigners with arms wide open and eyes wide shut.”

A few days ago, I met with the president of a large international investment bank in Panama. We’ve been friends for a number of years and went to one of my favorite places for dinner, Chalet Suizo – 1985, in El Cangrejo. After a few drinks, we got to talking about money laundering and the U.S.’s attempts to “stop the evil and protect us from terrorists.”

My friend’s view was that the vast majority of money laundering is done in the United States by American banks. He believes that 80% to 90% of the money hidden from international tax authorities is invested in the United States, and that there is nothing these foreign governments can do to get to it. Most of this money is from Europe, but a great deal comes from Mexico, Venezuela, Colombia, and other parts of Latin America.

Every international banker I’ve ever met will agree with this assessment, as do a number of scholarly studies. In fact, some estimate the amount of money hidden in the U.S. in the billions of dollars. It represents a very significant portion of fund held in U.S. dollars, and the liquid capital of many prominent banks.

While the Department of Justice is aggressively going after its citizens for not paying up, the government is making it easier to bring in untaxed money and protecting foreigners from discovery. While it is near impossible for a U.S. citizen to get an account abroad, anyone can open an account in the United States with no questions asked.

Don’t believe me? Here is how the system really works:

Let’s say you, an upstanding U.S. citizen, want to open an account in Panama. First, you might not be able to find an institution willing to take your money…about 90% of the banks are closed to Americans. Second, if you manage to talk your way past the front door, you will have a battle on your hands to get an account approved. You will be required to travel to Panama for an interview where you must:

1. explain why you need the account,

2. prove where the money came from (source of your savings),

3. where the money that will go through the account will come from (prove your business model),

4. provide two forms of ID,

5. provide two professional reference letters (these will be verified),

6. provide statements and a letter from your U.S. bank saying how long you’ve been a client, that your account is in good standing, and how much money you usually have at the bank,

7. pass a WorldCheck screening,

8. undergo a due diligence investigation by the bank’s compliance department that will take weeks, and

9. if this is a corporate account, the above is required for all shareholders and directors, not just those who are signors on the account.

If you manage to get an account open and operating, each time you write a check or send a wire, the bank will want to know why you are sending the money and to whom. Recipients of any significant wire transfers will also need to go through a WorldCheck screening before the wire will be initiated.

And these rules apply to all foreigners, not just Americans. Are you a Colombian or Venezuelan working in Panama? You must go through all the same due diligence. In fact, I know of only one bank in Panama that will accept smaller accounts from Colombians, compared to 3 or 4 banks that accept Americans.

Want to open an account in the U.S. with your Panama corporation? Good luck! While my well-healed clients (those with $250,000+ at a bank with long standing relationships with a private banker) have been able to open these accounts, average Americans are being told to pound sand. I’ve even seen some Americans with foreign entities at Wells Fargo and Bank of America kicked to the curb after the account was opened and compliance had time to review the file.

Now, let’s say you are a Mexican citizen and you want to open an account in the United States. Just walk in to any branch with your “passport” or other ID and you’ll have an account within 15 minutes. There are no questions asked, no references required, and no background checks. In fact, the bank does not even bother to verify the passport or ID document in any way. The only due diligence the bank will undertake is to run the name on the account through their database to see if you’ve bounced a check or had problems under that name at other banks.

Well, what if you are an undocumented worker or illegal immigrant in the U.S. and want an account? No problem. Just show up with some sort of ID and get an account. No verification required. This is not a secret…institutions like Union Bank and Bank of America have marketed these services to undocumented workers and let them know in advance that no questions will be asked.

Note: Back in 2007, bank accounts for illegals were a hot political topic and got a lot of press. For an example, see: http://articles.latimes.com/2007/feb/14/business/fi-credit14. These days, they are common practice and no one cares.

What’s the catch? If you have a checking or savings account and are not a U.S. citizen, or can’t be bothered to fake a Social Security card, you won’t earn interest on your account. Yes, the bank makes their money…they just don’t give you a cut.

Now, here’s the story that really got me thinking and initiated this article:

A friend in Panama called me this morning and told me about opening a corporate account at a large bank in the United States by email with no questions asked. She is 28 years old, Panamanian with no ties to the U.S., and has had a small savings account at this bank in America for about 6 months. She sent an email to her representative basically saying:

“Hey, I have a small CD and savings account at your bank and I want a corporate account for my new business. I will form a corporation in Panama and want to know what is required to open a checking account at your bank.”

The banker wrote back (I summarize): “Dear Senorita, We will be happy to take your money and we don’t need nothing. Just let me know the name of the company you will form and I’ll will have your account ready today. We don’t want to know anything about the shareholders, source of funds, or business, and we don’t need a copy of the company documents. By the way, we have a special on a combo checking, savings, and corporate CD, which will save you money on fees…I suggest we open all 3 accounts today.”

After battling for so many clients to open accounts abroad, stories like this really hurt. Basically, the bank was willing to open the account under any corporate name, with no due diligence or hassle. She did not even need to form the corporation…just provide a name…any name…and the account will be ready.

While the IRS is locking up Americans with unreported income, the U.S. system welcomes foreigners with arms wide open and eyes wide shut. My friend has no intentions of doing anything illegal, but her experience proves how easy it would be for non-nationals to hide and launder funds in the U. S. of A.

Keep in mind that it is the United States who is pushing for “compliance” worldwide and forcing banks in countries like Panama to put up so many barriers to new clients. This means that citizens have very few options abroad, which may force them to return their funds to U.S. banks. At the same time, it pushes foreign money out of smaller countries and in to the American system (path of least resistance), where accounts are easy and no one gives a damn where the money came from.

Essentially, America gets its cake ($5 billion+ and counting in taxes and penalties raised on the backs of Americans with international accounts) and to eat it too (billions in the banking system and in U.S. dollars from undisclosed and unreported sources).

Swiss Banking
Christian Reeves

Swiss Banking is Dead

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Let’s face reality. Swiss banking is dead. It’s a brisk day here in Geneva with highs in the mid 40’s and a strong breeze coming off the lake. I spent the day ringing in the New Year with a group of investment advisers and bankers on Rue de Rhone, all of whom are typically Swiss about what’s happening to their country.

With Swiss banking privacy in the rear view mirror, banks are struggling to find their place. In days gone by, they were able to charge high fees in exchange for their integrity and a history of defending their client’s rights. Now, after rolling over for the Americans, Swiss banking is in a tailspin.

But the Swiss are pressing on. To a man, their attitude is that, while this is a permanent contraction, business will go on in one form or another. Those who can adapt to a new world order will succeed, and those who can’t will be left behind. Life changes and goes on.

Switzerland’s biggest banks, UBS and Credit Suisse, have shed 7,000 jobs and the downsizing is expected to continue. In addition to losing its allure, an overpriced Swiss Franc, a weak Euro, and other economic woes have hit this small country of nearly 8 million hard.

And those who still have their jobs are looking at significant pay and bonus cuts, as bank profits have fallen sharply. Because of a significant decrease in international business, combined with higher regulatory and other costs, salaries and all types of compensation are lower. Lower margin as forced to compete on price and not on privacy and protection.

In addition to lost respect and business affecting all Swiss banks, UBS has been singled out and smashed time and time again by U.S. authorities. In 2009, UBS paid the U.S. tax man $790 million and the U.S. SEC $200 million to avoid criminal prosecution, and gave up info on 17,000 accounts, which precipitated the current mess. Then, in May of 2011, UBS came up with another $160 million for the SEC. With cash strapped agencies smelling blood in the water, regulators are currently suing UBS for $1 billion in damages related to the U.S. mortgage crisis.

Not wanting to kill the cash cow, the Justice Department has given UBS conditional immunity on the LIBOR rate fixing case they are planning. Conditional immunity indicates that UBS confessed and gave evidence against others in the pending investigation.

A corporation can avoid criminal conviction and fines for antitrust crimes “by being the first to confess participation in a criminal antitrust violation, fully cooperating with the division, and meeting other specified conditions,” according to the Justice Department.

While the Swiss may be stoic, I believe this new world order will continue for the foreseeable future and that Switzerland as a world financial center is done. When banking secrecy was torn asunder, Switzerland lost its competitive advantage. Why hold money in Switzerland over Luxembourg, Singapore, or smaller and more competitive nations such as Andorra? The Americans have succeeded in doing what even World War II could not…turn Switzerland in to just another pretty tourist destination.

2013 Tax Increase
Christian Reeves

The Spoils of War – Big Time Tax Increases for 2013

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The mêlée at the edge of the fiscal cliff is over and the Democrats have scored a decisive victory.

The battle lines were simple: Democrats wanted to raise taxes while Republicans wanted to cut spending. When the fighting was over, tax revenues were up by $620 billion against only $15 billion in spending cuts…a massacre if there ever was one.

And you can be sure there are hidden landmines and random scud missiles on the way – in the form of concessions on unemployment insurance, Social Security, FICA, et al and the inheritance tax. When taken in total, revenues may be increased by as much as $800 billion.

As it stands today, the fiscal cliff deal resulted in $1 dollar of spending cuts for every $41 in tax increases…possibly the most one sided victory since the Battle of Little Bighorn in 1876. By comparison, when President Ronald Regan increased taxes, he secured $3 in spending cuts for every $1 in tax hikes. When George H. Bush was at the helm, he negotiated $2 in spending cuts for every $1 in tax hikes.

Most of the casualties in this battle royale are individuals with incomes over $400,000 and couples making over $450,000, but there will be significant pain and suffering for those with incomes as low as $250,000.

I also note that any hope of a tax system which treats married couples and single persons with some level of equality was blown to hell. Two single persons could earn $800,000 combined before being smashed by the tax hikes, compared to only $450,000 for a married couple.

Here are the casualties by the numbers:

  • Tax rates will shoot up to 39.6 percent from 35 percent for individual incomes over $400,000 and couples over $450,000.
  • Tax rates on dividends and capital gains would also rise, to 20 percent from 15 percent, on income over $400,000 for single people and $450,000 for couples.
  • Personal exemptions and deductions will be phased out, beginning at single people earning $250,000 and $300,000 for couples.
  • The estate tax will increase, but less than Democrats had wanted. The value of estates over $5 million will be taxed at 40 percent, up from 35 percent. Democrats had wanted a 45 percent rate on inheritances over $3.5 million.

Under the deal, these new rates on income, investment and inheritances are permanent.

Among all of the explosions and cries of anguish, there was good news for the American abroad: The Foreign Earned Income Exclusion survived, and even got a little bump up for the cost of living. If you are living and working abroad, you can earn $97,600 in 2013, up from $95,100 in 2012.

Also, the self-employed Expat can avoid the Unemployment, Social Security and FICA tax increases (also called self-employment taxes) by incorporating offshore and qualifying for the FEIE. By operating your business through an offshore corporation, you might eliminate these taxes completely, a savings of about 15%.

But be careful: the 2013 tax increases and phase-outs will apply to any ordinary income over $97,600 and all passive / investment income.

Because the tax brackets ignore the FEIE, and Expats are taxed on their worldwide capital gains (now at 20% rather than 15%), many higher earning Americans abroad will be shocked by their 2013 tax bill. For additional information on these issues, please see: http://premieroffshore.com/offshore-tax-international-tax/

For the self-employed, there are a number of planning opportunities. For example, you can retain earnings over the FEIE amount in your offshore corporation or utilize a Solo 401-K to shelter income in a retirement plan.

For the investor, you can make tax advantaged investments offshore through your IRA and thumb your nose at the 20% short term capital gains tax. In fact, there are a number of tax advantages for the sophisticated offshore IRA investor – just ask Mitt Romney.

As tax rates go up, so does the need for competent tax and business advice. I strongly recommend you contact your international advisor as early as possible this year to develop a plan of action.

And remember, so long as you hold a U.S. passport, you must file Federal returns and abide by these laws. Regardless of which country you call home, make sure your global tax plan is approved by a U.S. tax expert.

For additional information on this article, or for a free international tax consultation, please contact us at info@premieroffshore.com or call (619) 483-1708.

IRA Gold
Christian Reeves

$7 Million in Gold but no Estate Plan

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If you have ever attended an offshore conference, you have heard the story of two kings from Mr. Joel Nagel: Elvis Presley, whose estate was decimated by lawyers and the IRS, and Sam Walton, who left nothing but an old pickup for the vultures.

Today I will tell you about Walter Samaszko Jr. of Carson City, Nevada. At the age of 69, Mr. Samaszko passed away in late June of this year. He left over $7 million in gold bars and coins, $165,000 in stocks and bonds, and $12,000 in cash hidden throughout his home, but only $200 in a checking account.

Mr. Samaszko lived in the same small home since the 1960s, where he had taken care of his mother until her death in 1992. He had no close relatives, and, apparently, no close friends (it was about 30 days before his body was discovered). He left no will and no trust. Reports indicate that his estate will go to his first cousin, Arlene Magdanz, who lives in San Rafael, California.

The gold coins and bars had been minted as early as the 1840s and were from a number of countries, including Mexico, England, Austria and South Africa. The estimated value of $7 million is based on the gold weigh alone. It is likely that the collectors’ value will be much higher.

Mr. Samaszko was obviously a hardworking and intelligent man to have amassed such wealth. He also took great precautions against government interference and economic collapse. So, why no estate plan? Why work so hard simply to leave a large portion of the money to a government he clearly feared?

If we assume that the total value of Mr. Samaszko’s estate, including the collectors’ value of coins, is $8 million, here is the government’s cut:

1. Mr. Samaszko is “lucky” to have died in 2012, when the Federal estate tax only applies on amounts over $5 million. A quick calculation estimates Federal estate tax due of $1,008,000. Had he passed away in 2009, Federal estate tax would have been over $2 million.

2. Nevada does not have an estate tax and California, where his heir lives, has no inheritance tax. Had Mr. Samaszko lived in Washington State, his State estate tax would have been about $1 million.

3. There are a number of fees associated with probate (a legal process required when one dies without a living trust), which includes appraisal costs, executor’s fees, filing fees for the court, surety bond fees, legal fees and accountancy fees. Nevada has adopted a statutory fee schedule, but a judge may approve any amount he deems to be reasonable. Based on the particulars of this case, including the fact that there appears to be only one heir and no contest to probate, one might guestimate the estate fees at 4% to 10%, or $320,000 to $800,000.

If additional heirs are located, legal fees are likely to skyrocket.

With planning, Mr. Samaszko could have reduced or eliminated the bulk of these costs. The most basic tool would be a U.S. living trust. This would have controlled the distribution of the estate, may have included charitable contributions, and would have eliminated probate fees of $320,000 to $800,000. A do-it-yourself book costs about $30, and a lawyer may charge a few thousand dollars for a custom plan.

In addition, he could have diversified out of the United States and in to physical or certificate gold and stock investments around the world. The use of an offshore trust, Panama foundation, or offshore company would have maximized his protection and access to international markets. While it is advisable to have some assets at home and within reach, safety and prudence dictate an international plan to protect you and your assets.

There are a number of other U.S. estate planning tools available at little or no cost, but may be of great benefit if they are needed.

Many are available for free on the internet. These are:

1. Durable Power of Attorney: Allows you to designate to access and control your financial assets. It can take effect immediately, or it can “spring” into effect if an event you define triggers its operation, such as incapacitation or unavailability.

2. Prenuptial Agreement: This keeps your property separate from your spouses, and is especially important in second marriages where you may want to leave assets to your children.

3. Health Care Proxy: Also called a durable power of attorney for health care, this document identifies the person you’d like to make medical decisions on your behalf if you become unable to make them yourself.

4. Living Will: An advance health care directive, also known as living will, personal directive, advance directive, or advance decision, is a set of written instructions that a person gives that specify what actions should be taken for their health if they are no longer able to make decisions due to illness or incapacity. The most common directive is when a person wishes no extreme measures or life support equipment be used in their care.

5. HIPAA Release: A Health Insurance Portability and Accountability Act, or HIPAA, release allows medical professionals to discuss your medical condition with your personal representative. Without this form, the hospital may not be able to discuss your care with your representative.

6. Life Insurance: Life insurance allows you to take care of those who depend on you. If you do not have financial responsibilities, you do not need life insurance.

7. Business Succession Plan: If you are self-employed or own a business, and you want the business to continue after retirement or death, a succession plan must be in place. If your children will take over operations, a relatively simple agreement can be drafted. If you will sell some or all of the business, or there are multiple partners, a more robust strategy will be required.

There are two certainties in life: death and taxes. A detailed estate plan is the only guaranteed way to minimize death taxes and can include a number of tools that diversify your investments, maximize privacy, and plant your financial flag in a favorable jurisdiction.

An attorney with Premier Offshore Investor will be happy to discuss your options. Contact us for a confidential consultation at (619) 483-1708 or email info@premieroffshore.com with any questions.

Update: December 19, 2012

The gold coins were eventually valued at $7.5M and the entire estate went to a distant relative via judicial decree. For additional information, checkout CBS News.

Christian Reeves

Offshore Bank Licenses go the way of the Dodo

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Offshore Bank Licenses go the Way of the Dodo

The issuance of offshore banking licenses to anyone willing to put up some cash is a thing of the past. Back in the day, if you wanted to get in to the financial services industry, all you needed to do was find a small Caribbean island somewhere, put $50,000 to $500,000, and open a bank.

Offshore Bank: A bank that can only do business with foreigners. An offshore bank costs much less to open and operate, when compared to a fully licensed bank. These are sometimes referred to as Class B banks.

Fully Licensed Bank: This is a bank with an offshore bank license that can do business with anyone…be they residents or citizens of the country of licensure or foreigners. A country always strives to protect its own, so the barriers to forming a fully licensed bank are traditionally much higher than for an international license. These are usually referred to as Class A banks.

An offshore bank might offer its CDs and investment products over the internet, through brokers in the U.S., and bolster their image by forming non-bank entities in more respected jurisdictions to act as marketing divisions. Even brokerages in the U.S. have created offshore banks and offered high risk / high returns through these entities.

Shockingly, a few of these offshore bank licenses were granted to poorly regulated institutions that became breeding grounds for fraud. One example I am very familiar with is Millennium Bank of St. Vincent. This bank was formed by a Swiss banker and operated under a Swiss Trust Company.

Why a Swiss Trust? When the bank was newly formed, they found it hard to get clients and purchased a 75 year old Swiss Trust Company to bolster their image.
The bank marketed 5 to 20 year CDs at outrageously high interest rates. If you wanted your money back before the maturity date, there were severe penalties. In 2009, Millennium Bank was shut down and charged with operating a $68 million Ponzi scheme.
For more information, see: www.sec.gov/news/press/2009/2009-68.htm

A case that garnered much more attention in the United States was that of R. Allen Stanford. Mr. Stanford formed Stanford Bank in Antigua and began selling investment products in the U.S. around 1992.
It was shown at trial that he repeatedly paid off the Antiguan regulators to hide a $7 billion Ponzi scheme. He was convicted in March of 2012 and sentenced to 110 years in prison.

I would like to note that Stanford also operated a bank in Panama with a full service offshore bank license. In this country, the regulators took their business seriously. When the bank collapsed, everyone with accounts received 100% of their money back. I have U.S. clients today who are still hoping and trying to get some money out of the U.S. brokerage firm and the bank in Antigua.

For more information, see: www.nytimes.com/2012/06/15/business/stanford-sentenced-to-110-years-in-jail-in-fraud-case.html?pagewanted=all

Of course, this is a situation where a few bad apples spoiled things for everyone. Most offshore bank licenses were given to banks offering legitimate and interesting investment products and were quite stable. However, they were bastions of privacy, and the governments of the world took this opportunity to force many of them out of business.

Cases like Stanford and Millennium reflect poorly on a small countries economy and banking sector. When investors perceive risk in a particular country or in the offshore sector in general, they want a higher return on their investment. When traditional banks are forced to increase interest rates paid to clients, their margins decline significantly.

Also, when banks with offshore bank licenses are perceived as higher risk by the major countries, these countries impose more due diligence and limitations on the offshore bank and its correspondent accounts. When the rigors of due diligence increase, the cost of compliance skyrockets and the bank must choose to play along or lose its ability to do business in U.S. dollars, Euros, Pounds, etc.

As a result of the changes to the industry, the only new offshore licenses being issued are to banks with full service charters from a major jurisdiction. For example, if you want an offshore banking license in Panama, you must already have a fully licensed bank in the United States, United Kingdom, etc.

Internet Scams: There are several websites offering to sell offshore bank licenses. Watch out! Most countries require an existing license be “reviewed” when it is transferred. Upon review, corporate capital may be increased, or other barriers may arise, making operation impossible.

So, what is an entrepreneurial international financial services company to do? One can always get a full offshore bank license in an international jurisdiction, such as Panama. If you don’t have the $10m to $20m in corporate capital required, I suggest you consider simpler options for setting up deposit taking entities, offering investment services, providing for Forex trading, etc. Some possibilities are the Swedish Credit Union, a Panama Offshore Financial Company, a Swedish Trust Company, a New Zealand Offshore Financial Company, a master/feeder fund in Cayman or BVI, or a Swiss Trust Company (yes, these are still available, even considering the cautionary tale of Millennium Bank).

The Panama Offshore Financial Company is a relatively new financial entity designed for businesses registered in Panama that wish to offer services such as payment processing, credit card management, the trading of metals, leasing, factoring, etc. These companies can’t take deposits or operate like a bank.

A New Zealand Offshore Financial Company can provide “Bank” type services for individuals and corporations worldwide without limitations on the number of clients, deposit amounts or currency. A NZOFC may engage in the following businesses, but may not use the word “Bank” in its name. It is the entity most similar to an offshore bank license.

-Deposit taking & lending

-Debit and credit services

-Issuing of financial guarantees and instruments

-Cash Management

-Current Accounts

-Term Deposits

-Issuing of CDs

-Wire transfer services

-Fund management

-Marketing of investments

Of course, today’s regulatory environment makes transaction processing, opening and maintaining correspondent (client) accounts, and reporting, a significant challenge. Even with an unregulated entity, such as those described above, owners and operators of companies in the international financial industry must take care and keep up with the many requirements of doing business.

When you combine the changes to the offshore banking industry with the challenges by U.S. and E.U. tax authorities, engaging in any type of international business is certain to become more difficult as time goes on. With legitimate banks forced out of business, privacy and security being lost at every turn, and a mad dash for tax revenues from any and all sources, you take your life in your hands when you operate an international banking or financial services company and, god help you if you stand in the way of the tax man.

In my experience, attacks on international banks and financial service providers are a precursor to assaults on individual liberties. Just take a look at the attack on Switzerland of a few years ago and how that led to persecution of everyday Americans.

We truly live in interesting times. As goes the financial sector goes personal privacy and security. Watch this industry carefully and follow the money!

If you would like additional information on offshore bank licenses and related entities, please contact us at (619) 483-1708 or email info@premieroffshore.com.

Editor’s Note: Please click here to read a more recent and detailed article on Offshore Bank Licenses by Mr. Reeves.

Offshore business tax reporting
Christian Reeves

IRS Snitch Gets Rich

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IRS Snitch Gets Rich – UBS Whistleblower Receives $104 Million.

How much are 40 months of your life, and your dignity, worth? $104 million (or about $4,600 for each hour spent in prison) seems a good answer.

As you may have heard, The Internal Revenue Service awarded tax whistleblower and former UBS banker Bradley Birkenfeld $104 million for turning in his clients and giving insider information on the banks operations. This ultimately allowed the IRS to shatter the veil on Swiss bank secrecy, get paid a bribe or blackmail (how else can you describe paying money to avoid criminal prosecution) of $780 million from UBS, imprison hundreds of Americans, obtain records on 4,000 accounts, and raise $5 billion and counting in taxes and penalties.

Prosecutors have said they would have had no case against UBS without Mr. Birkenfeld, but they still sought one charge of conspiracy and prison time for this Good Samaritan. Mr. Birkenfeld was sentenced to 40 months and will probably do 85% of that sentence in one form or another. After serving 30 months, he was recently transferred to a halfway house in New Hampshire.

Clearly, Mr. Birkenfeld has seen the error of his ways and is on board with the IRS. He recently released the following statement through his attorneys: “The IRS today sent 104 million messages to whistleblowers around the world — that there is now a safe and secure way to report tax fraud and that the IRS is now paying awards,” and “The IRS also sent 104 million messages to banks around the world — stop enabling tax cheats or you will get caught.”

Well, before you decide to turn in your ex-spouse, business partner, or employer, you might like to know that the IRS has a history of screwing the whistleblower and denying claims for compensation.

In 2006, the IRS started a whistle-blower campaign which offers informants rewards of 15% for recoveries of less than $2m and 30% for recoveries in excess of $2m. However, the vast majority of claims submitted to the IRS go unanswered.

Of the cases that the IRS investigates, the usual time to completion is 5 years, you get a percentage of the amount recovered and not the amount assessed, and IRS records indicate they pay out an average of 4% of the money recovered, rather than 15 and 30%.

How can the IRS payout 4% on average when the regulation says 15 to 30%? Easy…they deny the majority of claims even after moneys are recovered. The IRS issues a letter saying they would have collected the money without the tip…that the tax cheat would have been found out through their normal audit procedures, and thus no money is due the whistleblower.

There are no appeals or legal remedies for the whistleblower. He or she is at the mercy of the Service.

While, I’m sure that there will be a flood of new cases coming in to the IRS Informant Program in the coming weeks, I’m just as certain that very few of these snitches will ever see a dollar for their efforts.

For additional information on the IRS program, and to tattletale on your friends and family in pursuit of a pay day, click here for the IRS website.

Christian Reeves

Debtors Prisons in the U.S.?

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Debtors’ Prisons are back in the U.S. of A.

As States search for ways to increase revenues, they have been using their weapon of mass destruction – their prison system – to bludgeon those unable to pay fines and tickets in to coughing up some cash. And it’s not limited to government agencies. Owe money on a medical bill, payday loan, or to a collection agency? You may well find yourself in jail.

While it sounds like something out of a Dickens novel that could never happen in the America which Obama claims is a shining beacon to the world, debtors prisons are back in a big way. More than a third of all States now allow borrowers who don’t pay their bills to be jailed, even when debtors’ prisons have been explicitly banned by State constitutions and Federal law. A report by the American Civil Liberties Union found that people were imprisoned even when the cost of doing so exceeded the amount of debt they owed. Stories of surprise arrests for unpaid debt have been reported in Indiana, Missouri, Tennessee and Washington.

Want a few examples? According to NPR, Robin Sanders of Illinois was stopped for having a loud muffler. But, rather than a ticket or warning, she was taken to jail for failure to appear in court. What was the charge? Failure to pay a $730 medical bill.

According to the Wall Street Journal, Sean Matthews, a homeless New Orleans construction worker, was incarcerated for five months for a $498 debt. While it cost the State $3,000 to hold and feed him, the creditor eventually got his money.

Following the lead of civil creditors, cities and towns are getting in on the act. The New York Times reported on the story of Gina Ray, who was jailed three times in Alabama for her inability to pay a $179 speeding ticket. By the time it was all said and done, the town and the collection agency had levied fines totaling $3,170 and she spent 40 days in jail. Adding insult to injury, a fee was charged by the government for each day she was incarcerated.

Then there is the case of the Illinois breast cancer survivor Lisa Lindsay. “She got a $280 medical bill in error and was told she didn’t have to pay it,” The Associated Press reports. “But the bill was turned over to a collection agency, and eventually State troopers showed up at her home and took her to jail in handcuffs.”
OK, hold on, you might say. This sounds ridiculous. If you fail to show up for civil court, the creditor simply gets a default judgment, right? Well, creditors have figured out a loophole that allows them to put you in jail until you pay-up.

Here’s how clever payday lenders work the system in Missouri — where, it should be noted, jailing someone for unpaid debts is illegal under the state constitution.

First, explains St. Louis Post-Dispatch, the creditor gets a judgment in civil court that a debtor hasn’t paid a sum that he owes. Then, the debtor is summoned to court for an “examination,” which is a review of their financial assets.

If the debtor fails to show up for the examination — as often happens in such cases — the creditor can ask for a “body attachment” — essentially, a warrant for the debtor’s arrest. At that point, the police can haul the debtor in and jail them until there’s a court hearing, or until they pay the bond. No coincidence, the bond is usually set at the amount of the original debt.

As the Dispatch notes:

“Debtors are sometimes summoned to court repeatedly, increasing chances that they’ll miss a date and be arrested. Critics note that judges often set the debtor’s release bond at the amount of the debt and turn the bond money over to the creditor — essentially turning publicly financed police and court employees into private debt collectors for predatory lenders.”

So, borrowers aren’t arrested for nonpayment, but rather for failing to respond to court hearings, pay legal fines, or otherwise showing “contempt of court” in connection with a creditor lawsuit…but the result is the same. Borrowers are in prison, sometimes for long periods, because they were unable to pay a debt.

Debtors’ prisons have a long and violent history in America, going back at least to the 1750s, and were abolished by Federal law and most States in 1883. They were the source of Shay’s Rebellion, where debtors’ prisons were emptied and a full scale revolt ensued in Massachusetts from 1786 to 1787. The uprising was eventually crushed after the State raised a private army, with creditors’ rights and debtors’ prisons being restored.

History and the constitution aside, there is big money to be made.For example, the State of Alabama charges a 30 percent collection fee for assisting creditors, while Florida allows private debt collectors to add a 40 percent surcharge on the original debt. “Many states are imposing new and often onerous ‘user fees’ on individuals with criminal convictions,” the authors of the Brennan Center report wrote. “Yet far from being easy money, these fees impose severe — and often hidden — costs on communities, taxpayers, and indigent people convicted of crimes. They create new paths to prison for those unable to pay their debts and make it harder to find employment and housing as well to meet child-support obligations.”

According to the ACLU: “The sad truth is that debtors’ prisons are flourishing today, more than two decades after the Supreme Court prohibited imprisoning those who are too poor to pay their legal debts. In this era of shrinking budgets, state and local governments have turned aggressively to using the threat and reality of imprisonment to squeeze revenue out of the poorest defendants who appear in their courts.”

It is outrageous to think that, in our enlightened society, which is a shining example of freedom and justice to the world, that creditors are manipulating the courts to extract whatever they can from people who can least afford to pay.

It is even more disheartening that courts are enabling and encouraging this practice in an attempt to prop up their fledgling budgets.

Christian Reeves

US Leads the World in Only 3 Categories…

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What Makes America the Greatest Country in the World?

With record numbers of people leaving the United States, I wanted to write an article in defense of my country of birth. I spent hours researching the benefits of retaining my U.S. passport, and tried to come up with examples of where we lead the world in some important economic or beneficial category. Well, I came up with nothing…other than it is time to launch the lifeboat!

Since I spent all this time in hopes of authoring a defense, the least I can do is tell you what I found. Here goes:

The Expatriation Phenomenon

First, we need to define abandoning ship, more formally referred to as expatriation. Some sources refer to an expatriate (in abbreviated form, Expat) as someone, who moves away from his or her home country, either temporarily or permanently, to live and/or work in a foreign nation. This is the more common usage and includes approximately 5.2 million Americans.

The lawyerly definition of Expat is someone who gives up citizenship in their home country, effectively severing all ties with that country. As the United States is the only industrialized country to tax its citizens on income earned while living and working abroad, even when taxed by their countries of residence, it makes sense that the U.S. leads the world in people giving up their citizenship…in fact, legal expatriation is almost unheard of in other nations (Ok, so I found one area where the U.S. leads the world).

According to the WSJ, 1,800 U.S. citizens gave up their passports in 2011, a six fold increase from 2008. While 1,800 is a relatively small number, it is the increase which is eye-catching. When you consider the number of applications in the pipeline, and balance that against the very steep obstacles the U.S. IRS has put in place to prevent flight (such as an enormous exit tax), the growth of expatriation is staggering.

So, why are so many people shredding their U.S. passports? Let’s look at a few factors you and I might use to decide where to live.

Quality of Life

Based on television shows and hype, I would expect the U.S. to lead the world in quality of life, but this is far from true. America is 13th in the quality of life index published by the Economist Intelligence Unit. This survey quantifies healthiness, family life, community life, material wellbeing, political stability and security, climate and geography, job security, political freedom, and gender equality. It is the generally accepted standard for measuring quality of life around the world.

However, as someone who writes and works in the international arena, I do not believe this index is highly correlated to expatriation. I do not believe average citizens are moving from the U.S. to countries with higher quality of life scores for a simple reason: the higher a country ranks in the index, the higher the cost of living.

Countries with higher costs of living and a higher “quality of life” include: Switzerland, Sweden, Italy, Spain, Singapore, etc. But, in my experience, average Americans move to countries with lower costs of living, where their dollar, savings, and retirement, go farther. For example, countries such as Panama, Chile, Costa Rica, Philippines, Thailand, and Nicaragua, are all ranked significantly lower than the United States, but someone bringing dollars in to these economies can create an exceptional life for themselves on a budget.

While the quality of life index might accurately measure the experiences of a large population, it has little to do with an individual’s life choice.

At Least We’re Healthy

We all know that healthcare in the United States leads the world in cost. I won’t even bother to document this fact, as it has been beaten to death in the Obamanation healthcare debates. This must equate to high rankings in areas such as life expectancy and infant mortality…right? Sorry, wrong again. The United States ranks 49th in life expectancy and an outrageous 178th in infant mortality.

The United States currently ranks 49th in the world in overall life expectancy, according to a study published in the academic journal Health Affairs, slipping dramatically during the last decade. This study was published in 2010, and compares to 1999, where the U.S. ranked 24th in the same category.

The report found the prime culprit of the plunge to be America’s deteriorating health care system, marred by ever-rising costs and growing numbers of uninsured and under-insured individuals.

Noting that the United States spends over twice as much per capita on health care than other industrialized nations, the report states: “The observation that Americans are spending relatively more on health care but living relatively shorter, less healthy lives has led some critics to allege that the U.S. health care system is ‘uniquely inefficient.’”

The most shocking statistic I uncovered was the infant mortality rate. How can the U.S. rank 139th in this most basic health statistic? I did not believe my eyes, and thought it was internet junk science, until I saw this fact reported in a number of respected publications.

Infant mortality is extremely high in States such as Mississippi and Alabama, at about 10 deaths per 1,000, and lowest in States like Washington and Massachusetts, at about 5 deaths per 1,000. There is a strong racial component as well, with black woman about 2 ½ times more likely to lose their babies compared to white women.

Preventing infant mortality is not just about prenatal care. There are four key periods in the lives of women and their children, each vital in determining whether an infant lives or dies: before pregnancy, during pregnancy, at birth and during the first year of life…and the United States is very far behind in all of these areas.

Educating Our Kids

For many young Americans, the number one factor in deciding where to put down roots is the quality of education. If you want your child to succeed in life, give them the best start possible, at the best school.

With all the money spent on education, one might expect the U.S. to rank #1 in the world…and you would be severely disappointed. In fact, the United States ranks a dismal 25th in education. Adding insult to injury, we manage to achieve inauspicious ranking while spending more on education than the total GDPs of many countries that outperform us. For example, the 2012 education budget of the State of California is $108 billion dollars, which exceeds the GDPs of 5 of the countries which offer superior quality of education.

Ok, you want to see the countries that outclass us, so here they are. Statistics come from The Program for International Student Assessment, which is released every three years and tests 15-year-old students in reading, math and sciences. Basically, America earned an Average grade, tying the OECD average rating.

Note: The list above was published in the WSJ. It is generally accepted that China “cheated” by testing only a small sample size of its best students, thus it is not included in the rankings above.

If we delve in to the numbers, it just gets more depressing. The United States is 7th in literacy, 27th in math, and 22nd in science. Taking in to account both medical and education factors, The United States is 25th among 43 developed countries for the best place to be a mother, according to Save the Children.

Maybe we should look at the question of where we educate our children more carefully. How about, which country, not community, has the best schools for my child?

The U.S. is the Greatest Country on Earth – NOT (Viva Borat)

In my quest to prove the dominance of my Nation, I looked at many different statistics and rankings. Here are a few of my findings.

According to the Doing Business rankings compiled by The World Bank, America ranks 13th in starting a business. As a small business owner myself, this is shocking. I always believed that economic freedom and capitalism meant that the U.S. led the world in small business. By god, it is the foundation of our economy and we must be the best! I do take some solace in the fact that the U.S. ranks 4th in the ease of doing business. For more information, see: http://www.doingbusiness.org/rankings/

The U.S. ranks 47th in press freedom, according to Reporters without Boarders. So much for freedom of the press. Isn’t this covered in the Constitution or some such thing? Maybe I missed this class in law school.

America is ranked 10th in economic freedom, according to The Heritage Foundation and The Wall Street Journal. Like starting a business, I expected my country to lead the world…or at least make the top 5. To quote Heritage: “The United States’ economic freedom score of 76.3 drops it to 10th place in the 2012 Index. Its score is 1.5 points lower than last year, reflecting deteriorating scores for government spending, freedom from corruption, and investment freedom. The U.S. is ranked 2nd out of three countries in the North America region…” For additional information, see: http://www.heritage.org/index/country/unitedstates

The U.S. is only the 11th happiest country in the world, according to Columbia University’s Earth Institute. I guess this is why Disney, The Happiest Place on Earth, has expanded in to Hong Kong, Paris, Tokyo, and started an international cruise line.

There are 21 countries better than America in freedom from corruption, according to Heritage.org and the U.S. was ranked 24th in perceived honesty, according to Transparency.org.

Viva U.S. healthcare. America is ranked 89th in percentage of children who have been vaccinated according to the World Health Organization.

How well is our economy growing? The U.S. GDP growth rate is ranked 169th out of 216 countries, according to the CIA World Factbook. Our GDP per capita is only 12th in the world, behind Qatar and Liechtenstein.

Our unemployment rate is worse than 102 of the 200 countries listed in the CIA Factbook and we are 142nd out of 150 countries in infrastructure investment.

The U.S. is ranked 192nd, dead last, in the net trade of goods and services, and our budget deficit is ranked 192nd in debt relative to GDP, both of these per the CIA Factbook again.

At lease the U.S. has the money to back up its promises. Well, our reserve of foreign exchange and gold is ranked 19th, right behind Indonesia.

Enough is Enough

Ok, enough bashing of the United States. There must be a few areas where we lead the world. First the good news: We are third in median household income, number four in labor force and number four in exports.

Now for the ridiculous news, the United States leads the world in only three categories.

  1. Number of incarcerated citizens per capita,
  2. Number of adults who believe angels are real, and
  3. Defense spending.

I will leave the angels to the blogosphere, but let’s look at incarceration and defense spending.

According to a study by the King’s College London International Centre for Prison Studies, “The United States has the highest prison population rate in the world, 756 per 100,000 of the national population, followed by Russia (629), Rwanda (604), St Kitts & Nevis (588), Cuba (531), U.S. Virgin Is. (512), British Virgin Is. (488), Palau (478), Belarus (468), Belize (455), Bahamas (422), Georgia (415), American Samoa (410), Grenada (408) and Anguilla (401).”

And some of our States have even higher per capita rates. For example, Texas prisons incarcerated more than 1,000 prisoners per every 100,000 residents. About one out of every 22 adult Texans is in prison, in jail, on probation or on parole compared to one out of 31 nationally.

Considering all of the hype the U.S. puts out on freedom and liberty, it seems inconsistent with the fact that we lead the world in prisons. For me, this demonstrates the great divide between reality (prisons filled to capacity) with hype and marketing (we are the most free and happy country on earth).

Now on to military spending. The global military expenditure states at over $1.7 trillion for 2012, with the U.S. taking up an astounding 2/5ths, or 41% of the world total. America is followed by China at 8.2% of world share, Russia at 4.1%, UK and France both at 3.6%.

Even more amazing: Military spending did not decrease during the recent economic crisis. In fact, it increased. The U.S. led the rise in military spending during the crisis, but was not alone. 65% of the countries for which data is available increased spending. Of the G20 countries, 16 saw an increase in military spending.

 

In light of the many shortcomings of the United States, how can we lead the world in military spending? I believe it brings in to clear focus the priorities of my country. How does a country that trumpets itself as a world leader of freedoms have the world’s largest per capital prison population? How does the wealthiest nation rank first in medical spending but 49th in life expectancy and place a staggering 178th in infant mortality?

In speaking with friends, clients, and at various conferences around the world, I believe that it is these injustices and inequities that are causing so many Americans to jump ship. Many belive there is nothing they can do to fix, or even patch the boat, so it is time to launch the liferaft. Some choose to retire abroad, some elect to live and work abroad, possibly hoping the boat will make shore and be repaired and refitted, and some have given up all hope and have decided to ditch their citizenship all together.

Try as I might, I can not devise a suitable defense of my coutry, and I am left with one simple question: Where is the best place for me to relocate and plant my new flag as a free citizen of the world?

 

Christian Reeves

Murder and Mayhem in Latin America

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A list of the most dangerous cities in the world is out and the results are surprising. A number of U.S. cities made the hit parade and 40 of the top 50 are in Latin America. My favorite town in which to run a business, Panama City, Panama beat out Baltimore to take the 46th spot, while my favorite city to visit, Medellin, Colombia, shot its way to number 14. Honorable mention in Colombia goes to the metropolis with the prettiest women (in my humble experience), Barranquilla at number 42.

According to a study by a Mexican research group, the Citizens’ Council for Public Security and Criminal Justice, the top 20 most violent cities in the world are all in Latin America.

Mosul, Iraq comes in at #44, so there are 43 more hazardous places to live than the most hazardous city in war-torn Iraq. Of course, the study includes murders that government agencies categorize as crimes, and does not take account the 100,000+ civilian deaths over the years by U.S. forces and drone attacks, or the 244 civilians killed in November of 2012 (source: http://www.iraqbodycount.org/).

Soapboxing aside, what can we, as experienced international travelers and entrepreneurs, learn from this study? I say, not much. If you did not already know you needed to be cautious and understand your surroundings while abroad, you have no business wandering outside of your comfort zone. Stay in Podunk Iowa and drink moonshine with your buddies out of the back of your 1983 Ford pickup and leave the adventures to those with sense.

For the rest of us, here is what you need to know. I will limit my comments to Panama and Colombia as I’ve had many years’ experience in each. Parts of Mexico are a different animal because the drug war often spills over in to the more respected areas…though; it is surprising that a major tourist destination like Acapulco is at number 4 on the list.

First, a high murder rate does not correlate directly to a high risk of danger to travelers or residents. The vast majority of killings are gang related, in high risk areas you have no business visiting, and done by persons targeting a rival or someone else known to them. Collateral damage outside of these high risk zones, or random killings in tourist areas, is extraordinarily rare.

For example, no visitor to Panama City should be in the part of town known as El Chorrillo after dark, just like no gringo better be caught alone in Comuna 13, Medellin, Colombia.

The same is true of just about any good sized U.S. city. Even in my hometown, San Diego, CA, voted the 7th safest medium sized city in the U.S., there are plenty of areas in the County a white dude should not be hanging out late at night or caught acting the fool.

However, countries like Panama and Colombia take great care to protect their tourists above all else. Why? The answer is simple, bad publicity is bad for business! Therefore, an American in the controlled areas of Panama City and Medellin is safer than in almost any region of the U.S. Take the district known as Casco Viejo in Panama City as an example. In the tourist area, there are military, police, and Federal agents on every corner, ready to take care of any issue which may arise. Locals know they will be dealt with most harshly and give travelers a wide birth.

Of course, if you’re a lost and drunk idiot who decides to wonder around looking for trouble, you can find it by staggering 8 to 10 blocks west of Casco Viejo and ending up in El Chorrillo. I would estimate your chances of making it through that mistake at night unscathed to be about nil. If you keep your wits about you and respect your surroundings, you are just as safe in Panama City and Casco Viejo as you would be in any city in the good ole U.S. of A.

Second, you can purchase or rent safety in Panama and Medellin on the cheap, which is not possible in the United States. In my experience, the monthly cost of an apartment in a good area, with an armed security guard, is $1,000 to $1,500 in both of these cities, and you can add a trusted driver for $800 or less. Try doing that in New York, Chicago, Baltimore, or Los Angeles…it’s impossible.

When you assess your risks, ways to mitigate those risks, and quality of life, remember that your money goes much farther in Panama and Colombia, and thus the options available to you are greater. Plus, having a knowledgeable driver will open up the entire city to you. I learned a heck of a lot from my driver in Panama.

So, what I’m trying to say is this: claiming that some cities are more dangerous than others, and then using that opinion as an excuse to stay home is uninformed. It is based on a number of fallacies, such as a belief that all people are created equal (a common American misconception), that we all face the same risks, that violent crimes occur at random and for no reason, and that there is nothing we can do to mitigate risks while abroad.

In fact, I would argue that Panama and Medellin are safer for the traveler because of their higher murder rates, not more dangerous. It is because the risk exists that the government spends its resources to create designated safe zones. In these areas, the tourist is king and will always be protected.

Here’s the complete list:

City Country Homicides Inhabitants Murder Rate
50 Johannesburg South Africa 1,186 3,888,180 30.50
49 Durban South Africa 1,186 3,888,180 30.54
48 Baltimore United States 195 620,961 31.40
47 Cuernavaca Mexico 198 630,174 31.42
46 Panama Panama 543 1,713,070 31.70
45 Belo Horizonte Brazil 1,680 4,883,721 34.40
44 Mosul Iraq 636 1,800,000 35.33
43 St. Louis United States 113 319,294 35.39
42 Barranquilla Colombia 424 1,182,493 35.86
41 Port Elizabeth South Africa 381 1,050,930 36.25
40 Goiania Brazil 484 1,302,001 37.17
39 Curitiba Brazil 720 1,890,272 38.09
38 Monterrey Mexico 1,680 4,160,339 40.38
37 Fortaleza Brazil 1,514 3,529,138 42.90
36 Macapa Brazil 225 499,116 45.08
35 Pereira Colombia 177 383,623 46.14
34 Cape Town South Africa 1,614 3,497,097 46.15
33 Kingston Jamaica 550 1,169,808 47.02
32 Recife Brazil 1,793 3,717,640 48.23
31 Cuiaba Brazil 1,793 3,717,640 48.32
30 Detroit United States 346 713,777 48.47
29 Joao Pessoa Brazil 583 1,198,675 48.64
28 Nuevo Laredo Mexico 191 389,674 49.02
27 Sao Luis Brazil 516 1,014,837 50.85
26 Manaus Brazil 1,079 2,106,866 51.21
25 San Juan United States 225 427,789 52.60
24 Barquisimeto Venezuela 621 1,120,718 55.41
23 Cucuta Colombia 335 597,385 56.08
22 Salvador Brazil 2,037 3,574,804 56.98
21 New Orleans United States 199 343,829 57.88
20 San Salvador El Salvador 1,343 2,290,790 58.63
19 Ciudad Guayana Venezuela 554 940,477 58.91
18 Veracruz Mexico 418 697,414 59.94
17 Vitoria Brazil 1,143 1,685,384 67.82
16 Tepic Mexico 299 439,362 68.05
15 Mazatlan Mexico 307 445,343 68.94
14 Medellin Colombia 1,624 2,309,446 70.32
13 Culiacan Mexico 649 871,620 74.46
12 Guatemala Guatemala 2,248 3,014,060 74.58
11 Cali Colombia 1,720 2,207,994 77.90
10 Belem Brazil 1,639 2,100,319 78.04
9 Durango Mexico 474 593,389 79.88
8 Chihuahua Mexico 690 831,693 82.96
7 Torreon Mexico 990 1,128,152 87.75
6 Caracas Venezuela 3,164 3,205,463 98.71
5 Distrito Central Honduras 1,123 1,126,534 99.69
4 Acapulco Mexico 1,029 804,412 127.92
3 Maceio Brazil 1,564 1,156,278 135.26
2 Juarez Mexico 1,974 1,335,890 147.77
1 San Pedro Sula Honduras 1,143 719,447 158.87