The New York Times reports that Wall Street investment banks -- including UBS AG (NYSE: UBS); whose vice chairman, Phil "Americans are Whiners" Gramm resigned as chief economic advisor to John McCain -- have been helping foreign hedge funds dodge U.S. dividend taxes. The good news is that the amount of lost taxes looks to be in the "mere" hundreds of millions -- a tiny amount when you consider the record $490 billion deficit we face for 2009.
The tax dodging scheme -- dubbed "dividend enhancement" -- is complex and UBS was not alone in pushing it. The New York Times reports that Morgan Stanley (NYSE: MS), Lehman Brothers (NYSE: LEH), Deutsche Bank (NYSE: DB), Merrill Lynch & Co., Inc. (NYSE: MER) and Citigroup, Inc. (NYSE: C) joined UBS in this scheme to sell complex financial products that enable offshore hedge funds who get dividends from U.S. stocks to dodge the 30% dividend tax.
But UBS is continuing to look more and more like a shady enterprise. First, it gained notoriety for its brazen policy of dumping Auction Rate Securities (ARS) from its own books into the accounts of its unsuspecting "private banking" clients. It has since settled those charges. And now it stands accused of helping a hedge fund, Maverick Capital, bilk the U.S. government of "$95 million in dividend taxes from 2000 through 2007," according to the Times.
Why does UBS appear to have lost its moral compass? According to a former trader at UBS, the Swiss headquarters is very dependent on "financial mercenaries" in London and New York who had been generating the bulk of UBS's profits. They did so by taking on all sorts of risk -- "exploiting the bank's AAA rating, while ignoring even fundamental risks of finance - for example, mixing short with long positions. Huge sums of subprime debt were bought cheaply and placed in inventory so they could draw upon it at any time," according to my source. These mercenaries threatened to quit and take their teams with them if they did not get big pay increases. And the Swiss lacked the will to reign them in.
Phil Gramm is vice chairman of UBS and resigned as McCain's chief economic advisor after giving an interview in which he said that America was in a "mental recession" and it was "a nation of whiners." As a top executive of a Swiss bank that stands accused of ripping off investors and the U.S. Treasury, Gramm reflects the values of a bank whose profits depended, in part, on belittling its customers and the U.S. government.
And if, like McCain, you don't know how many houses you own, then it's possible that you share Gramm's view that Americans are whiners. But if you happen to be an American who disagrees with them, and with UBS's market conduct, you have a chance to put a stop to it in November.
Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter
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Reader Comments (Page 1 of 1)
9-11-2008 @ 10:11AM
guy said...
Good! Get rid of the stupid tax law.
9-11-2008 @ 10:43AM
TJ said...
Good... get rid of the pork-barrel spending!
23,438 earmark requests, 11,610 earmarks approved 17.2 billion in the 12 Appropriations Acts for fiscal 2008.
But yeah, it must be those evil corporations that refuse to contribute........
10-06-2008 @ 11:39AM
contrariansite said...
Not all offshore account activity is illegal and there are plenty of completely legal ways of protecting your assets form the increasingly predatory behavior of the IRS...
http://www.contrarianprofits.com/articles/why-you-need-to-move-assets-offshore-now/5762