the anonymous whistleblower of” Panama papers “which uses the pseudonym” John Doe “, sent the German newspaper Süddeutsche Zeitung a manifesto written in English explaining why he released to the press the 11.5 million files Mossack Fonseca archives. Le Monde reproduced a complete translation of the text. The quotations were highlighted by writing
Learn more. The “Panama papers” of whistleblower out of the wood to explain his approach
income inequality is a marker of our time. It affects all of us, everywhere. The debate over its sudden acceleration raged for years, politicians, academics and activists are unable to stop its expansion despite countless speeches and statistical analysis, some weak protests and occasional reports. Yet questions remain: why? And why now
“Panama papers” provide convincing answers to these questions: massive and widespread corruption. And it is no coincidence that this answer comes from a law firm. More than just a cog in the machine of “wealth management” Mossack Fonseca used his influence to write and twist the laws around the world in favor of criminal interests for decades. Witness the example of the island of Nuie, a tax haven that the firm has simply governed from beginning to end. Ramon Fonseca and Jürgen Mossack would have us believe that their front companies, also known as “ad hoc securitization vehicles” [Special purpose vehicles] are like cars. But the used car sellers do not make the laws. And only ad hoc purpose vehicles they brought was too often fraudulent, and large-scale.
The front companies are often used for tax evasion, but the “Panama papers” show beyond a shadow of a doubt that, although they are not by definition illegal, these structures are associated with a wide range of crimes that go beyond tax evasion. I decided to denounce Mossack Fonseca because I thought its founders, employees and customers, had to answer for their role in the crimes, which only a few have been revealed until now. It will take years, perhaps decades, to the full extent of the vile acts of this cabinet is unveiled.
Meanwhile, an international debate has started, which is encouraging. Unlike the polished rhetoric of old who carefully avoided to suggest any irregularities committed by our elites, this debate focuses on what really matters.
In this respect, I have some thoughts . share
“thousands of lawsuits arising from” Panama Papers “”
Let me be clear: I do not work or have never worked for a government or intelligence service, either directly or as a consultant. My view is personal, as well as my decision to share the documents with the Süddeutsche Zeitung and the International Consortium of Investigative Journalists (ICIJ), not in a political purpose, but simply because I understood their content sufficiently to realize the magnitude of the injustices they depicted.
the dominant media discourse has so far focused on what is legal and authorized in this system. What is allowed is actually scandalous and must be changed. But we must not lose sight of another important aspect: the law firm, its founders and its employees have violated countless laws by knowingly and repeatedly. Publicly, they plead ignorance, but the documents indicate a thorough knowledge and willful transgression. At the very least, we know that Mossack is personally guilty of perjury before a federal court in Nevada, and we also know that its IT team tried to cover up his lies underlying. They should all be prosecuted accordingly, without special treatment.
In the end, thousands of lawsuits arising from “Panama papers,” if only the judicial authorities could access documents and evaluate them. The ICIJ and its partners have said rightly that they could provide to the competent authorities. However, I’d be willing to cooperate with the authorities in the best of my ability.
“The whistleblowers deserve immunity”
That said I observed one after the other whistle-blowers and activists see their lives destroyed after being helped to obvious malfeasance light, the United States and Europe. Edward Snowden is blocked in Moscow exiled by the decision of the Obama administration to sue him in favor of the Espionage Act ( “Espionage Act”). For its revelations about the NSA, he deserves a hero’s welcome and receive a significant price, not get banned
Bradley Birkenfeld earned millions for his information on the Swiss bank UBS. – but the Department of justice US justice him at the same time imposed a prison sentence.
Antoine Deltour is currently on trial for having provided information to journalists on how the Luxembourg signed in secret tax agreements with multinational complacency, simply driving to neighboring states billions in tax revenues. And there are many other examples.
The legitimate whistleblowers who uncover wrongdoing undeniable, they act inside or outside the system, merit immunity against government reprisals, and that’s all. Until governments have not established legal protections for whistleblowers, the authorities will depend on their own resources or media work to access the documents.
“to impose transparency standards need”
Meanwhile, I call on the European Commission, the British parliament, the US Congress and all nations to adopt the measures necessary not only to protect whistleblowers, but also to stop the abuse of globalized trade registers.
within the EU, the commercial register of each member State should be freely available and include detailed data on the ultimate beneficial owners of companies. The UK can be proud of its initiatives, but still has a crucial role to play in ending the financial secrecy on its island territories [as the British Virgin Islands, Jersey or Guernsey] , which are undoubtedly the cornerstone of institutional corruption worldwide. The United States can no longer trust their 50 states to make informed decisions on the data of their businesses. It is time for Congress to get involved and to impose transparency by setting standards for disclosure and public access to information.
It is one thing to praise the virtues of open government at summits and in the media, but it is quite another to implement it effectively. It is an open secret in the United States, politicians spend most of their time to raise funds. The tax evasion issue can not be settled as elected officials depend on the money elites who have the most reason to want to evade taxes. These unfair political practices have come to the end of a cycle and they are irreconcilable. The reform of the broken system of US campaign financing can not wait.
Of course, this is clearly not the only problems that must be addressed. The Prime Minister of New Zealand John Key was surprisingly silent on the active role played by his country to the Cook Islands Mecca of tax evasion. In Britain, the Conservatives had no shame to hide their links with offshore companies.
At the same time, the director of the Financial Crimes Enforcement Network of the Treasury Department of the United United has announced his departure for HSBC, one of the most famous banks in the world (based, incidentally, is in London).
So the familiar rustle of drums doors [ 'revolving doors', that is, the comings and goings of staff between regulators and industry] he resonates in the deafening global silence of thousands of end beneficiaries yet unknown, certainly pray for a successor is equally cowardly. Facing the political cowardice, it is tempting to give in to defeatism, to say that the status quo remains basically unchanged, while “Panama papers” are the obvious symptom of the moral decay of our society.
“the banks, financial regulators and tax authorities have failed”
But the problem is finally on the table, and it is not surprising that change takes time. For 50 years, the executive, legislative and judicial branches of power across the world have failed completely to treat metastasis of tax havens arising on the surface of the earth. Even today, while Panama wants to be known for something other than “papers” , his government has properly inspected one of his horses carousel offshore [the firm Mossack Fonseca] .
the banks, financial regulators and tax authorities have failed. The decisions that have been taken have targeted citizens in low and middle income, sparing the rich.
hopelessly outdated and inefficient courts have failed. The judges too often yielded to the arguments of the rich, whose lawyers – and not only among Mossack Fonseca – are perfectly honed to meet the letter of the law, but putting everything to pervert the spirit
.
The media has failed. Many news groups have become caricatures of what they were, individuals billionaires seem to see in the ownership of a newspaper just a hobby, limiting coverage of serious issues regarding the richest and investigative journalism serious lack of funding
the result is real. in addition to the Süddeutsche Zeitung and the ICIJ, the editors of several major press titles could consult documents from the “Panama papers” – even if they have ensured otherwise. They chose not to use them. The sad truth is that none of the most important and relevant world media showed interest in this story. Even WikiLeaks did not respond to multiple requests through its reporting form.
“The” legal ethics “has become an oxymoron”
But it is primarily the legal profession that failed. Democratic governance is based on responsible individuals throughout the system who understand and respect the law, rather than understanding to exploit it. Lawyers have broadly reached such a level of corruption that it is imperative that major changes occur in the profession beyond the timid proposals currently proposed.
To begin with, the term “legal ethics” , which are based on codes of conduct and licensure has become an oxymoron. Mossack Fonseca was not working alone: despite repeated fines and violations of regulations supported, she found in almost every country of the world allies and clients from firms leading lawyers
If. evidence of the economic upheaval of the industry were not sufficient, it is now impossible to deny the fact that lawyers should not have the right to regulate them. This will simply not work. Those with the financial means can always find a lawyer to serve their purposes, whether Mossack Fonseca or another unknown firm. What about the rest of society?
“It is time for real action ‘
The collective result of these failures is total erosion of ethical standards, leading ultimately to a new system that we always call capitalism, but is closer to economic slavery. In this system – our system – the slaves have no idea of their own status or that of their masters, who operate in a different world where invisible strings are carefully concealed in the middle pages and pages of legalese unreachable .
the horrifying extent of harm it causes in the world should make us all open our eyes. But having to wait a whistleblower pulls the alarm is even more disturbing. This shows that democratic checks failed, the collapse is systemic, and that a violent instability lurks in the corner. The time has come for real action, and it starts with questions.
Historians can easily tell how tax issues and power imbalances have in the past led to revolutions. Military force was then necessary to subject the people, whereas now restrict access to information is just as effective – if not more – because this act is often invisible. Yet we live in a digital storage time inexpensive and unlimited and fast Internet connection that transcends national borders. It takes little to draw the conclusions from beginning to end, from its genesis to its overall media coverage, the next revolution will be digital
Or perhaps she already started. .
“John Doe,” the whistleblower “Panama papers” (translated from English by Jeremiah and Baruch Maxime Vaudano)
No comments:
Post a Comment