TIMES.KY

Cayman Islands, Caribbeanand International News
Tuesday, Oct 08, 2024

UK watchdog narrows dividend-stripping investigation

UK watchdog narrows dividend-stripping investigation

A British investigation into a trading scheme that claimed multiple tax rebates on dividend payments, said by European countries to have siphoned billions of euros from state coffers, is now focused on nine companies and three individuals, a Freedom of Information (FOI) request shows.

Britain's market watchdog, the Financial Conduct Authority (FCA), has been part of the cross-border 'cum-ex' inquiry for seven years, although the current scope of its operation - reported here for the first time - is dwarfed by sprawling fraud investigations led by Germany and Denmark.

A German court this week sentenced tax lawyer Hanno Berger, alleged to have masterminded one of the country's biggest post-war frauds, to eight years in jail. It is the highest-profile prosecution and longest sentence to date in a series of trials that have also convicted British bankers.

Although Britain was not impacted by cum-ex trading, much of the structuring and organising of the scheme took place in London, according to lawyers and authorities, some of whom turned to the country for help unpicking what had happened.

The FCA said in 2020 that it had been working with European authorities to investigate "substantial and suspected abusive share trading" in London markets that allegedly supported dividend stripping tax avoidance schemes in Denmark, Germany, France and Italy.

The watchdog, which has fined three small brokerages a combined 2.9 million pounds ($3.5 million) to date, said inquiries into eight individuals had been closed because of a lack of evidence by mid-November. It has also discontinued an investigation into one company.

"We have already achieved a number of outcomes and we are continuing to progress the remaining investigations into individuals and firms to conclusion," the FCA said, without naming those still under investigation.

The watchdog's inquiries are regulatory and have focused on penalties for financial crime control failings to date. It does not have the power to investigate tax fraud, but can investigate civil and criminal market abuse.

Reuters could not determine whether other British agencies are conducting criminal inquiries and the Serious Fraud Office and tax authority HMRC, which might prosecute such cases, declined to comment.

"(A British criminal investigation) would send an important signal: Even if we were not the ones plundered, we will not allow such conduct from our shores," said Konrad Duffy of Finanzwende, a German group campaigning for financial transparency.

But two London lawyers said drawn-out investigations into cum-ex trading, that some experts estimate has cost German taxpayers alone around 10 billion euros ($11 billion), did not appear to be a high priority for British authorities.

"There has been an inertia by British agencies in relation to cum-ex," noted Zoe Osborne, a partner focusing on financial crime, contentious regulatory investigations and litigation at law firm Steptoe & Johnson.


CRACKDOWN


Cum-ex trading, also known as dividend stripping, involved banks and investors swiftly dealing shares of companies around dividend payout days, blurring stock ownership and allowing multiple parties to claim tax rebates.

The scheme flourished after the 2008 credit crisis when banks, traders and hedge funds devised strategies to trade vast volumes of stock to cash in on a now-closed loophole.

Labelling it "a collective case of thievery", a German judge sentenced two British bankers in 2020. German prosecutors have since secured 11 convictions and government officials say the probe spans around 1,500 suspects and 100 banks on four continents.

Danish prosecutors last year charged eight British and U.S. citizens and the Danish tax authority SKAT is separately pursuing almost 80 defendants in London over alleged tax fraud in a civil case that centres on Sanjay Shah, a Briton based in Dubai, and his hedge fund Solo Capital Partners.

The alleged fraud is said to have been principally orchestrated from, or carried out through, British-based entities, Court of Appeal judges noted in a February judgment.

Shah has denied wrongdoing. His lawyer said last year that he and his businesses had acted lawfully and in accordance with Danish tax rules in force at the time. A spokesman declined to comment further.

Wanted by Denmark and Germany, Shah seemed beyond authorities' reach until Denmark signed an extradition treaty with the UAE in March.


THE $148 BLN QUESTION


The three brokerages fined by the FCA to date - The TJM Partnership, Sunrise Brokers and Sapien Capital - traded a total of 121.2 billion pounds of Danish and Belgian equities for Solo Capital and connected companies between January 2014 and November 2015, FCA documents show.

All three brokerages qualified for a discount to their fines for cooperating with the investigation.

The FCA had also issued five warning notices to companies and one to an individual about impending regulatory action over cum-ex trading by mid-November, according to the FOI request.

One warning notice was sent in June 2020 to an unnamed former chief executive, according to a 2021 High Court judgment.

The individual challenged the FCA notice in court and proceedings have been halted pending preliminary rulings in the estimated 1.44 billion pound case brought by SKAT against Shah and others in London.

($1 = 7.0672 Danish crowns)

($1 = 0.8207 pounds)

($1 = 0.9428 euros)

Newsletter

Related Articles

TIMES.KY
0:00
0:00
Close
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Israel: Unprecedented Civil Disobedience Looms as IDF Reservists Protest Judiciary Reform
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
Europe is boiling: Extreme Weather Conditions Prevail Across the Continent
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Italian Court's Controversial Ruling on Sexual Harassment Ignites Uproar
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
40,000 child slaves in Congo are forced to work in cobalt mines so we can drive electric cars.
BBC Personalities Rebuke Accusations Amidst Scandal Involving Teen Exploitation
A Swift Disappointment: Why Is Taylor Swift Bypassing Canada on Her Global Tour?
Historic Moment: Edgars Rinkevics, EU's First Openly Gay Head of State, Takes Office as Latvia's President
Bye bye democracy, human rights, freedom: French Cops Can Now Secretly Activate Phone Cameras, Microphones And GPS To Spy On Citizens
The Poor Man With Money, Mark Zuckerberg, Unveils Twitter Replica with Heavy-Handed Censorship: A New Low in Innovation?
Unilever Plummets in a $2.5 Billion Free Fall, to begin with: A Reckoning for Misuse of Corporate Power Against National Interest
Beyond the Blame Game: The Need for Nuanced Perspectives on America's Complex Reality
Twitter Targets Meta: A Tangle of Trade Secrets and Copycat Culture
The Double-Edged Sword of AI: AI is linked to layoffs in industry that created it
US Sanctions on China's Chip Industry Backfire, Prompting Self-Inflicted Blowback
Meta Copy Twitter with New App, Threads
The New French Revolution
BlackRock Bitcoin ETF Application Refiled, Naming Coinbase as ‘Surveillance-Sharing’ Partner
×