HSBC files Huge cache of leaked material reveals how Swiss arm of
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HSBC files Huge cache of leaked material reveals how Swiss arm of
Section:GDN BE PaGe:1 Edition Date:150209 Edition:03 Zone: Sent at 9/2/2015 0:35 cYanmaGentaYellowblack HSBC files Huge cache of leaked material reveals how Swiss arm of the world’s second biggest bank colluded with clients to dodge taxes and hide millions £. Monday .. Published in London and Manchester theguardian.com Newspaper of the year Winner of the Pulitzer prize 12A * * * • Secret papers lay bare catalogue of wrongdoing at Swiss operation • Customers took away bricks of foreign currency in used banknotes • HSBC concedes misconduct and lax controls at private bank David Leigh James Ball Juliette Garside David Pegg HSBC’s Swiss banking arm helped wealthy customers dodge taxes and conceal millions of dollars of assets, doling out bundles of untraceable cash and advising clients on how to circumvent domestic tax authorities, according to a huge cache of leaked secret bank account files. The files – obtained through an international collaboration of news outlets, including the Guardian, the French daily Le Monde, BBC Panorama and the Washington-based International Consortium of Investigative Journalists – reveal that HSBC’s Swiss private bank: • Routinely allowed clients to withdraw bricks of cash, often in foreign currencies of little use in Switzerland. • Aggressively marketed schemes likely to enable wealthy clients to avoid European taxes. • Colluded with some clients to conceal undeclared “black” accounts from their domestic tax authorities. • Provided accounts to international criminals, corrupt businessmen and other high-risk individuals. The HSBC files, which cover the period 2005-2007, amount to the biggest banking leak in history, shedding light on some 30,000 accounts holding almost $120bn (£78bn) of assets. The revelations will amplify calls for crackdowns on offshore tax havens and stoke political arguments in the US, Britain and elsewhere in Europe where exchequers are seen to be fighting a losing battle against fleet-footed and wealthy individuals in the globalised world. Approached by the Guardian, HSBC, the world’s second largest bank, has now admitted wrongdoing by its Swiss subsidiary. “We acknowledge and are accountable for past compliance and control failures,” the bank said in a statement. The Swiss arm, the statement said, had not been fully integrated into HSBC after its purchase in 1999, allowing “significantly lower” standards of compliance and due diligence to persist. That response raises serious questions about oversight of the Swiss operation by the then senior executives of its parent company, HSBC Group, headquartered in London. It has now acknowledged that it was not until 2011 that action was taken to bring the Swiss bank into line. “HSBC was run in a more federated way than it is today and decisions were frequently taken at a country level,” the bank said. HSBC was headed during the period covered in the files by Stephen Green – now Lord Green – who served as the global bank’s chief executive, then group chairman until 2010 when he left to become a trade minister in the House of Lords for David Cameron’s new government. He declined to comment when approached by the Guardian. Although tax authorities around the world have had confidential access to the leaked files since 2010, the true nature of the Swiss bank’s misconduct has never been made public until now. Hollywood stars, shopkeepers, royalty and clothing merchants feature in the files along with the heirs to some of Europe’s biggest fortunes. According to the files, HSBC’s Swiss bankers were also prepared to help Emmanuel Shallop, who was subsequently convicted of dealing in “blood diamonds”, the illegal trade that fuelled war in Africa. One memo records: “We have opened a company account for him based in Dubai … The client is currently being very careful because he is under pressure from the Belgian tax authorities who are investigating his activities in the field of diamond tax evasion.” The records indicate HSBC managers were untroubled that a customer collecting cash bundles of kroner might be breaking Danish law. HSBC staff were instructed: “All contacts through one of her 3 daughters living in London. Account holder living in Denmark, i.e. critical as it is a criminal act having an account abroad non declared.” HSBC’s Swiss bankers routinely handed over large sums of cash to visiting clients, asking few questions, the files show. The bank said it had since tightened its controls. “The amended terms and conditions allowed the private bank to refuse a cash withdrawal request, and placed strict controls on withdrawals over $10,000 [£6,600],” its statement said. One example of the old system detailed in the files involves Richard Caring, a British tycoon and owner of London’s celebrity-packed Ivy restaurant, who on one day in 2005 removed 5m Swiss francs (£2.25m) in cash . When the Guardian Inside • How HSBC bankers actively helped clients to keep accounts secret from the tax authorities • The Ivy restaurant tycoon who asked for m Swiss francs in cash • HSBC’s response. And why we say these leaks must be revealed Page -! asked him why, he declined to explain. His lawyer said it was a private matter and involved no impropriety. Caring’s UK tax status allowed him legally to keep his accounts secret from the tax authorities. The documents show HSBC’s Swiss subsidiary providing banking services to relatives of dictators, people implicated in African corruption scandals, arms industry figures and others. Swiss banking rules have since 1998 required high levels of diligence on the accounts of politically connected figures, but the documents suggest that at the time HSBC happily provided banking services to such controversial individuals. The Guardian’s evidence of a pattern of misconduct at HSBC in Switzerland is supported by the outcome of recent court cases in the US and Europe. The bank was named in the US as a co-conspirator for handing over “bricks” of $100,000 a time to American surgeon Andrew Silva in Geneva, so that he could illegally post cash back to the US. In France, an HSBC manager, Nessim el-Maleh, was able to run a cash pipeline in which plastic bags full of currency from the sale of marijuana to immigrants in the Paris suburbs were collected. The cash was then taken round to HSBC’s respectable clients in the French capital. Bank accounts back in Switzerland were manipulated to reimburse the drug dealers. HSBC is already facing criminal investigations and charges in France, Belgium, the US and Argentina as a result of the leak of the files, but no legal action has been taken against it in Britain. Former tax inspector Richard Brooks tells BBC Panorama in a programme to be aired on Monday night: “I think they were a tax avoidance and tax evasion service. I think that’s what they were offering … There are very few reasons to have an offshore bank account, apart from just saving tax. There are some people who can use an ... account to avoid tax legally. For others it’s just a way to keep money secret.” 4 * News * * The Guardian | Monday 9 February 2015 The Guardian | Monday 9 February 2015 * HSBC files Catalogue of malpractice endorsed by bankers HSBC response ‘Standards of due diligence were significantly lower than today’ & In the past, the Swiss private banking industry operated very differently to the way it does today. Private banks, including HSBC’s Swiss private bank, assumed that responsibility for payment of taxes rested with individual clients, rather than the institutions that banked them. Swiss private banks were typically used by wealthy individuals to manage their wealth in a discreet manner. Although there are numerous legitimate reasons to have a Swiss bank account, in some cases individuals took advantage of bank secrecy to hold undeclared accounts. This resulted in private banks, including HSBC’s Swiss private bank, having a number of clients that may not have been fully compliant with their applicable tax obligations. We acknowledge and are accountable for past compliance and control failures. We have taken significant steps over the past several years to implement reforms and exit clients who did not meet strict new HSBC standards. HSBC’s Swiss private bank has reduced its client base by almost 70% since 2007. Major regulatory reform is under way in numerous jurisdictions to ensure … that in the near future, an individual wishing to “hide” assets from tax authorities will be unable to do so. HSBC fully welcomes and nd supports these reforms. [HSBC acquired] the Republic National Bank of New York and Safra Republic Holdings SA, a US private bank in 1999. The Swiss private bank was largely acquired through this transaction. The Republic/Safra business focused on a very different client base and had a significantly different culture to HSBC. The business acquired was not fully integrated into HSBC, allowing different cultures and standards to persist. Too many small and high-risk accounts were maintained. 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. At the same time, HSBC was run in a more federated way than it is today and decisions were frequently taken at a country level. In January 2011, new group management fundamentally changed the way HSBC is structured, managed and controlled. HSBC completely overhauled its private banking business, adding to initiatives it had taken with US clients beginning in 2008. Today, the management team in Switzerland which is carrying out these reforms is substantially different to the period before 2011. Beginning in 2012, Global Private Banking [GPB] developed a tax trans- HSBC’s Swiss arm actively abetted clients in keeping accounts secret from taxmen David Leigh James Ball Juliette Garside David Pegg The HSBC files, the biggest banking leak in history, reveal the full scale of malpractice at its Swiss subsidiary. In one case that illustrates the bank’s conduct, a wealthy British client, Stoke City football club director Keith Humphreys, frankly told his HSBC manager that his father’s £280,000 Swiss account was “not declared” to the UK tax authorities. Humphreys, whose wealth originated from the sale of a local supermarket chain, explained that one HSBC manager had already advised how to extract undeclared offshore money via a credit card. “The credit card is thus used to enable the Humphreys family to make withdrawals from ‘cash points’ when they are outside the UK,” he said. The banker, who even brought paperwork to Humphreys’ stately home in Cheshire because the client was uneasy about “walking around with a set of account-opening documents”, recorded how Humphreys was also alarmed to hear a Swiss lawyer might realise he had a secret HSBC account. “This situation initially appeared to cause some disquiet to my hosts, though this later gave way to a more relaxed attitude with the sentiment that Genevan lawyers would be discreet, something that I did nothing to discourage.” On clinching arrangements in London, the bank manager wrote: “We subsequently repaired to the Ritz, for a very enjoyable lunch.” Humphreys told the Guardian his father eventually had to repay about £147,000 for evading tax due to the UK. Another customer, retired accountant Andrew Sebastian, also told the Guardian how he had now been made to pay about £42,000 in back tax, interest and penalties. HSBC in Switzerland had supplied him with £50,000 in sterling banknotes in the course of a year. Alpine shelters The numbered bank account is now illegal in most western countries, but it remains a key part of Switzerland’s fabled banking secrecy. A depositor’s identity will be known to only a select group of employees, and to withdraw cash or make a wire transfer, the account holder is asked for a codeword. At HSBC’s Swiss bank, codenames – Painter, Captain Kirk and Capitaine Haddock – were also used to disguise the identity of some clients. Swiss law enshrined secrecy in 1934. Over the following decades, Alpine vaults sheltered the fortunes of families escaping the Holocaust, but also provided a hiding place for looted assets. By 2018, Switzerland has committed to automatic exchange of information about individual accounts, taxes, assets and income along with 50 other nations. Known as the convention on mutual administrative assistance in tax matters, and organised by the economic thinktank the OECD, this information exchange been trumpeted as the end of banking secrecy. But the 1934 law, albeit amended, remains in place. A breach of professional confidentiality, even for retired bankers or those who have had their licence revoked, is punishable by three years in jail. Juliette Garside In the US, the bank was named as a coconspirator for handing over “bricks” of $100,000 (£65,000) a time to American surgeon Andrew Silva in Geneva, so that he could illegally post cash back to the US. The leaked Swiss HSBC files implicate the bank in apparent misbehaviour all over the world. One Australia-based HSBC client planned to share his “black” account with his daughter in London. The bank noted: “The account is ‘undeclared’, a fact with which [she] may not be entirely at ease – as a compliance officer at Kleinwort Benson.” The manager wrote that the account was also not declared “to the best of my knowledge” to the tax authorities in Australia. HSBC was so keen to protect its clients, that it used a codename when phoning another prominent Australian financier, Charles Goode, then chairman of the ANZ bank in Melbourne, about his US$318,000 deposit. According to the files, HSBC instructed he “would like to be called Mr Shaw”. Goode told the Guardian the use of a codename was the bank’s idea, not his, and the deposit had long been left dormant by him. He says he has paid all tax due on the account. Another HSBC manager wrote on the file of Irish businessman John Cashell (later to be convicted of a tax fraud): “His preoccupation is with the risk of disclosure to the Irish authorities. Once again I endeavoured to reassure him that there is no risk of that happening.” HSBC recorded on the file of a British property developer: “He is very much concerned that … client information could be exchanged … I explained him that we are bound to CH [Swiss] banking secrecy which is one of the strictest in the world.” In a separate transaction, the bankers recorded that they were uneasy when a Serbian businessman wanted to deposit €20m (£15m). But they merely asked him to act less conspicuously. HSBC “explained that as per today the bank did not interfere in his money transfer transactions but would have preferred to reduce those activities on a lower scale. [He] understands our concerns and will use smaller amounts”. The bankers seem to have been reluctant to take risks personally. The files record that a wealthy owner of a London furniture store and holder of a secret HSBC Swiss account, demanded HSBC “help him get back money into the UK on a ‘nondeclared’ basis” by carrying in bundles of cash.” HSBC offered instead to provide him or a colleague with sterling banknotes in Switzerland, recording, “what he decided to do with friends of his … was his affair”. In a revealing remark, an HSBC manager wrote on the files: “We made clear the difference between passive and active action on our part.” This tax evader also ended up repaying UK authorities, as part of a £135m haul Britain has so far recovered from HSBC’s taxdodging customers. Chris Meares, then overall head of HSBC private banking, assured the Treasury committee in 2008: “We prohibit our bankers from encouraging or being involved in tax evasion.” But former tax inspector Richard Brooks, author of The Great Tax Robbery, who is interviewed about HSBC on BBC Panorama tonight, says: “I think they were a tax avoidance and tax evasion service. I think that’s what they were offering. They knew full well that people come to them to doge their tax liabilities. There are very few reasons to have an offshore bank account, apart from just saving tax.” HSBC says it won’t comment on many of the specific allegations because of ongoing criminal investigations and because of Swiss bank secrecy laws. 5 The Swiss connection Clockwise from left: Richard Caring, Bill Clinton and Sir Philip Green at Caring’s charity Napoleonic ball in St Petersburg; the clothing and restaurant tycoon’s London mansion, dubbed the ‘Versailles of Hampstead’; his friends, Philip and Tina Green; HSBC’s private bank in Geneva where clients came to collect cash; Hervé Falciani, an IT worker at the bank who first blew the whistle on HSBC wrongdoing Main photograph: Rex Features The client £2m in cash? Ivy restaurant tycoon too prized for bank to say no David Leigh James Ball Juliette Garside David Pegg Accompanied by a hired bodyguard, Richard Caring, British clothing tycoon and restaurateur, stepped out of his Geneva bank on a warm September day in 2005 with 5m Swiss francs in cash – the equivalent of £2.25m ($3.4m) – enough to fill a suitcase. It was a transaction concealed, or so HSBC’s bankers believed at the time, behind an impenetrable wall of Swiss secrecy. This mysterious event is now revealed in the leaked HSBC files and it demonstrates the way the bankers were willing at the time to hand over very large cash sums to their offshore customers. Richard Brooks, an ex-tax inspector and author of The Great Tax Robbery, told the Guardian: “Banks are supposed to fill in suspicious activity reports for such transactions.” He added: “In the UK I don’t think you would be allowed to withdraw that kind of cash.” HSBC, which now admits past wrongdoing and lax controls at its Swiss banking arm, says it has since reformed such cash payments, making it possible to refuse them, and bringing in new “strict controls on withdrawals over [£6,600]”. The Guardian asked Caring, owner of the Ivy restaurant in London, who in Switzerland was to receive this untrace- able cash consignment, and why. He would not explain. His lawyers said: “It is a private matter in which there was no impropriety on our client’s part.” The bank did not record on Caring’s file who in Switzerland was to receive the cash. It recorded only that Caring said he planned to deposit it in “a new a/c with a separate institution in Geneva … He did not feel it appropriate for either bank to be aware of the relationship with the other”. The Ivy restaurant in London, a favourite haunt of celebrities and one of the string of restaurants and clubs owned by Richard Caring In internal memos, HSBC displayed concern about handing over the banknotes, but sought to justify its behaviour by recording: “RC goes to great lengths to maintain discretion.” Caring had recently, in July 2005, made clear that if he was crossed by the bank, he was prepared to take away his lucrative business. HSBC had previously objected to a currency shortfall on an account. There was “a lengthy and challenging conversation” as a result, the bank noted. “It would be possible for him to send funds from Monaco at a moment’s notice, should we insist. However, they would be accompanied by instructions to close the account. He expects us to consider his global relationship.” The bank was anxious, as it put it, “to bring this relationship back on track and to try to repair some of the damage”. It believed Caring was worth up to £500m worldwide. Some weeks later, on Monday 5 September, he summoned an HSBC banker to his London office near Euston station, and demanded that he authorise the £2.25m payment, to be handed over to him in Swiss francs, in Switzerland. “He is extremely valued,” the Swiss bankers wrote. But they at first demurred: “RC is fully aware that his request is exceptional, particularly in view of the amount involved. He stressed, however, that he has an extensive relationship with the Group … and that all his dealings have been conducted entirely correctly over the years.” HSBC added: “He stressed … due to his non-UK domicile status … he holds funds outside of the UK entirely legitimately.” Caring is a UK-born citizen, who lives in London in a mansion known as the “Versailles of Hampstead”. But he claimed hereditary “non-domiciled” tax status thanks to the US origins of his father, a former GI who settled in London after the war. This quirk enabled Caring not to disclose the existence of his Swiss or Monaco accounts to the UK tax authorities, and legally to avoid taxes on his capital held there. The bank made a point of noting that Sir John Bond, the main bank group chairman and other top executives, were personal acquaintances of Caring. (There is no suggestion Bond was aware of the cash transaction.) The head of the Swiss bank himself, Peter Braunwalder, eventually gave the go-ahead with “our exceptional agreement to this request”. Caring’s lawyers told the Guardian there were “internal administrative procedures … to check the legitimacy of the transaction and avoid moneylaundering”. The bank had been satisfied with his explanation, they said. According to the bank’s files, the funds for the cash handover originated from accounts in the tax haven of Monaco secretly controlled by Caring, but held under the name of Tina Green, wife of the Topshop billionaire Sir Philip Green. Caring was one of his major suppliers, and a close personal friend. The bank recorded: “As we know, until now [Caring] has hesitated from holding the vast majority of his cash assets in his own name, preferring to accept the offer of Mrs Green that she holds them in trust on his behalf.” There is no suggestion either of the Greens knew about the consignment of cash, or broke any laws. The bank noted that Caring’s offshore accounts, containing more than £100m, were, among other things, husbanding profits from an “anonymous” 22% holding in BHS, part of Green’s fashion empire. Neither Caring nor Green Video The full story of how a single disaffected systems engineer blew the whistle on the secrets of Swiss banking, the people who take advantage of it and the six tricks of offshore finance that make the rich even richer Interactive HSBC’s Swiss cash machine – a diary of big-spender withdrawals Plus all the reaction to the revelations theguardian.co.uk Tomorrow The top five The quintet of bankers facing questions in the HSBC affair Cash and carry The customers of HSBC’s Swiss operation who took out millions in untraceable banknotes will say why the BHS investment was concealed in this way. Caring insists that he himself has always paid all due taxes on time, including £33m UK tax on dividends he received from BHS. Green, a supporter of David Cameron and a government adviser on “efficiency”, has come under fire from tax campaigners. A huge £1.17bn dividend from his companies was paid at this time, apparently minimising tax, to his wife in Monaco, who is registered as their main beneficial owner. Caring, a £413,000 donor to the Conservatives and previously a lender of £2m to Labour, used his access to offshore funds in 2005 to buy a string of restaurants and clubs, including London’s favourite celebrity haunt the Ivy, Belgo, Soho House and Wentworth golf course. He made showy charitable gestures, including a ball in a palace in St Petersburg. He handed over $1m (£650,000) for Bill Clinton to attend in fancy dress, paid to the former US president’s foundation. HSBC said it was not allowed by Swiss bank secrecy laws to discuss individuals. In a statement it said the Swiss bank’s past “compliance culture and standards of due diligence … were significantly lower than they are today”. HSBC said it had since introduced a tax transparency initiative under which “amended terms and conditions allowed the private bank to refuse a cash withdrawal request, and placed strict controls on withdrawals over US$10,000”. parency policy, stating that it will close accounts and refuse any new business where it has reason to believe the client or potential client is not in full compliance with relevant tax obligations. Under the tax transparency initiative, a review was conducted of existing accounts. If not satisfactorily resolved, the account was closed or put in the process to be closed as soon as practicable. We also enhanced both our “knowyour-customer” procedures, including an independent validation by auditors, and our anti-money laundering procedures to ensure a more complete consideration of a new client’s source of wealth. We amended our standard terms and conditions to require the client to affirm they are in compliance with their tax obligations. The amended terms and conditions allowed the private bank to refuse a cash withdrawal request, and placed strict controls on withdrawals over $10,000 [£6,600]. We discontinued the hold mail service and we implemented a new policy to remediate [register the owners of] any bearer shares in non-individual accounts. In addition, we have withdrawn from markets where we are unable to conduct due diligence una to a satisfactory standard on our clients. We review all Politically Exposed Persons annually at the highest levels an within the group. The number of accounts and total client assets of the Swiss private bank have been actively managed down by this intensive de-risking exercise, where we have put compliance and tax transparency ahead of profitability: • In 2007, the Swiss private bank had 30,412 accounts. At the end of 2014, we had reduced that number to 10,343. • In 2007, the Swiss private bank had total client assets of [about £78bn]. At the end of 2014, that number has been actively managed down to [£45bn]. In April 2012 HSBC chief executive, Stuart Gulliver, announced HSBC’s commitment to implement the highest or most effective standards across the group to combat financial crime. HSBC is following through on that commitment to Global Standards, and is now just over two years into a five-year programme to transform the way that HSBC manages financial crime risk. HSBC has cooperated and continues to cooperate to the extent that it can with requests for information from governments regarding account holders. However, providing client data to foreign authorities would itself constitute a criminal offence under Swiss law. HSBC’s statement has been edited for length and clarity The Guardian Revelations in the public interest Swiss banks often get mentioned in crime thrillers. They are depicted as shady havens for James Bond types, super-villains and African dictators. Outside the pages of fiction, however, it has been virtually impossible until now to get at the reality. Rigid laws protecting bank secrecy have attracted billions from all over the world. Canny Swiss bankers charged high prices in return for their silence. HSBC, headquartered in Britain and led at the time by Sir John Bond, decided to get in on this lucrative act in 1999. It bought up an existing Swiss bank which chased fresh customers. But details of the Swiss operation’s 30,000 accounts were hacked in 2007 by its IT expert, Hervé Falciani, who fled with them to France. The files have since been reconstructed and their contents confidentially distributed around the world by French tax authorities. The leaked files, as the bank now concedes, reveal considerable wrongdoing. But does that make it right for the Guardian to expose the names of HSBC’s Swissaccount holders? Not all HSBC’s Swiss private bank customers are public figures and many are not dishonest. Some want secrecy for family reasons. The Guardian is not naming such individuals. However, others emerge, according to the files, as would-be – though legal – tax avoiders of one kind or another, who would have deprived the UK and other countries of revenue to provide public services. The then head of the UK tax authority, Dave Hartnett, told parliament that the thousands of names in the leaked HSBC data were “all ripe for investigation”. So the public should be entitled to know what has been going on. But the full range of behaviour also deserves to be made clear. Some rich clients merely use artificial loopholes – for example, offshore trusts or historic quirks such as Britain’s notorious “non-dom” tax breaks. To critics, they may have sometimes exploited or even stretched the law, but they have not broken it. Other clients of the Swiss operation, however, may have been downright tax cheats, holding secret accounts, while some carried cash out of their bank’s Geneva doors in bundles of non-Swiss currency that could not be spent locally. Following the HSBC leak, scores of its Swiss clients are under criminal investigation, in Britain and globally. Many others have paid civil penalties. Other clients of HSBC now turn out to be unsavoury characters, attracted by the secrecy. Evidence exists that some may have been smuggling drugs, handling bribes, committing fraud, helping to finance terrorists, or looting their own countries. Others have done nothing unlawful but have kept untaxed money in Switzerland while making political donations in Britain or the US. In these cases, the Guardian believes the public has a right to know.