CumEx-Files

Last updated

CumEx-Files
The CumEx-files.png
Date18 October 2018 (2018-10-18) [1]
Location Europe
Type Tax evasion
OutcomeLoss of roughly $63.2 billion. [1]
Website correctiv.org/en/top-stories/2021/10/21/cumex-files-2/
Countries affected by the fraud CumEx-Files - Countries affected by the fraud.svg
Countries affected by the fraud

The CumEx-Files is an investigation by a number of European news media outlets into a tax fraud scheme discovered by them in 2017. [1] A network of banks, stock traders, and lawyers had obtained billions from European treasuries through suspected fraud and speculation involving dividend taxes. The five hardest hit countries may have lost at least $62.9 billion. [2] Germany is the hardest hit country, with around $36.2 billion withdrawn from the German treasury. [3] Estimated losses for other countries include at least €17 billion for France, €4.5 billion in Italy, €1.7 billion in Denmark and €201 million for Belgium. [4]

Contents

Method

The network stole several billion Euros from the treasury, through what Correctiv calls a "cum-ex" trade: The participants in the network would lend each other shares in large companies, so that to tax authorities there would appear to be two owners of the shares, when there was only one. The bank that was used in stock trading would then issue a "confirmation" to the investor that tax on the dividend payment had been paid, without it being done. "It's a bit like parents claiming a child benefit for two – or more – children when there is only one child in the family." writes Correctiv. [1] This practice was outlawed in 2012. [5]

In cum-ex trades, shares with and without dividend rights were quickly traded between various market participants just before the payout date for the dividend, allowing traders to reclaim double the taxes.

Financial institutions in essence allowed two parties to simultaneously claim ownership of the same shares, therefore allowing both to claim tax rebates to which they were not entitled.

Authorities have since deemed the reclaims illegitimate, but at the time of the trades, this was less black and white, and a vast network of traders, analysts and lawyers were thought to be involved in the practice throughout the continent. [6]

The prestigious law firm Freshfields Bruckhaus Deringer gave tax advice which was used to justify the legality of the scheme. In November 2019, Ulf Johannemann, a former Freshfield partner who was head of the international tax department, was arrested. [7] [8] [9] In January 2024 Ulf Johannemann was found guilty of aiding and abetting a multiyear dividend tax fraud and sentenced to three years and six months in jail in a landmark ruling by a Frankfurt court.

In May 2020, the European Banking Authority announced a 10-point action plan to enhance the future regulatory framework surrounding dividend arbitrage trading schemes. [10] According to the report, in some countries, the cum ex deals are not criminal offenses. [11]

Danish dividend scandal

In 2010, in an audit report, the Danish Ministry of Taxation was found to have ignored warnings on multiple occasions of a tax loophole concerning dividend tax. [12]

In June 2020, it was reported by investigators that such transactions took advantage of European rules on the taxing of dividends[ dubious ][ verification needed ], which made it possible to get refunds by using a combination of short sales and future transactions. [13]

Lawsuits in France

At the end of October 2018, the Socialist deputy Boris Vallaud filed a complaint against X for fraud and aggravated tax fraud laundering with the National Financial Prosecutor's Office  [ fr ]. [14] A parliamentary information mission on tax evasion [15] of the National Assembly has also published a report on the results of the fight against cross-border malicious financial engineering. [16]

Discovery

The Danish State Commissioner August Schäfer first warned of the practice in 1992, after the testimony of five whistleblowers. However, the practice remained widespread until an administrative assistant in the German Federal Central Tax Office noticed abnormally large tax rebate claims from a US pension fund. [5]

Implicated institutions

Various banks and other financial institutions were involved in these alleged trades. Among those named in the leaked files include Macquarie Bank, Deutsche Bank, HypoVereinsbank, M. M. Warburg, Maple Bank, Merrill Lynch, KPMG, Ernst & Young, Investec, [17] and Freshfields. [18] Investigations revealed that since 2012 Investec had provided the Dutch broker Frank Vogel with more than €12 billion to facilitate his alleged tax arbitrage scheme. [19]

See also

Related Research Articles

In economics and finance, arbitrage is the practice of taking advantage of a difference in prices in two or more markets – striking a combination of matching deals to capitalise on the difference, the profit being the difference between the market prices at which the unit is traded. When used by academics, an arbitrage is a transaction that involves no negative cash flow at any probabilistic or temporal state and a positive cash flow in at least one state; in simple terms, it is the possibility of a risk-free profit after transaction costs. For example, an arbitrage opportunity is present when there is the possibility to instantaneously buy something for a low price and sell it for a higher price.

<span class="mw-page-title-main">Money laundering</span> Process of concealing the origin of money

Money laundering is the process of illegally concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions with varying definitions. It is usually a key operation of organized crime.

<span class="mw-page-title-main">Deutsche Bank</span> German banking and financial services company

Deutsche Bank AG, sometimes referred to simply as Deutsche, or internally as DB, is a German multinational investment bank and financial services company headquartered in Frankfurt, Germany, and dual-listed on the Frankfurt Stock Exchange and the New York Stock Exchange.

Proprietary trading occurs when a trader trades stocks, bonds, currencies, commodities, their derivatives, or other financial instruments with the firm's own money to make a profit for itself. Proprietary trading can create potential conflicts of interest such as insider trading and front running.

A dual-listed company or DLC is a corporate structure in which two corporations function as a single operating business through a legal equalization agreement, but retain separate legal identities and stock exchange listings. Virtually all DLCs are cross-border, and have tax and other advantages for the corporations and their stockholders.

<span class="mw-page-title-main">Commerzbank</span> German commercial bank

Commerzbank AG is a global German universal bank headquartered at Commerzbank Tower in Frankfurt. The bank was founded in Hamburg in 1870 and is today among the largest credit institutions in Germany, with total assets of €534 billion as of the end of September 2022. With over 15 percent ownership the Government of Germany is the bank's biggest shareholder.

Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxpayer's tax liability, and it includes dishonest tax reporting, declaring less income, profits or gains than the amounts actually earned, overstating deductions, using bribes against authorities in countries with high corruption rates and hiding money in secret locations.

Freshfields Bruckhaus Deringer LLP is a British multinational law firm headquartered in London, England, and a member of the Magic Circle. The firm has 28 offices in 17 jurisdictions across Asia, Europe, the Middle East and North America. It advises national and multinational corporations, financial institutions and governments.

Dividend stripping is the practice of buying shares a short period before a dividend is declared, called cum-dividend, and then selling them when they go ex-dividend, when the previous owner is entitled to the dividend. On the day the company trades ex-dividend, theoretically the share price drops by the amount of the dividend.

<span class="mw-page-title-main">Jérôme Kerviel</span> French rogue trader (born 1977)

Jérôme Kerviel is a French rogue trader who was convicted and imprisoned in the 2008 Société Générale trading loss for breach of trust, forgery and unauthorized use of the bank's computers, resulting in losses valued at €4.9 billion.

In January 2008, the bank Société Générale lost approximately €4.9 billion closing out positions over three days of trading beginning January 21, 2008, a period in which the market was experiencing a large drop in equity indices. The bank states these positions were fraudulent transactions created by Jérôme Kerviel, a trader with the company. The police stated they lacked evidence to charge him with fraud and charged him with breach of trust and illegally accessing computers. Kerviel states his actions were known to his superiors and that the losses were caused by panic selling by the bank. Société Générale's own wrongs were later established by a French jurisdiction, which led the Cour de cassation to cancel the €4.9 billion sanction on Kerviel.

<span class="mw-page-title-main">Hamburg Commercial Bank</span>

Hamburg Commercial Bank is a commercial bank in northern Europe with headquarters in Hamburg as well as Kiel, Germany. It is active in corporate and private banking. Considered to be the world’s largest provider of maritime finance, its main focus is on shipping, transportation, real estate and renewable energy. The bank is one of the pioneers in the pan-European project financing of renewable energies and is also involved in the expansion of digital infrastructure.

<span class="mw-page-title-main">Frank DiPascali</span> American fraudster (1956–2015)

Frank DiPascali Jr. was an American fraudster and financier who was a key lieutenant of Bernie Madoff for three decades. He referred to himself as the company's "director of options trading" and as "chief financial officer". For a number of years, he played a key part in the daily operation of the Madoff investment scandal, later recounting how he helped manipulate billions of dollars in account statements so clients would believe that they were creating wealth for them.

<span class="mw-page-title-main">Madoff investment scandal</span> Investment scandal discovered in 2008

The Madoff investment scandal was a major case of stock and securities fraud discovered in late 2008. In December of that year, Bernie Madoff, the former Nasdaq chairman and founder of the Wall Street firm Bernard L. Madoff Investment Securities LLC, admitted that the wealth management arm of his business was an elaborate multi-billion-dollar Ponzi scheme.

The Bundesverband deutscher Banken is the representative body of profit-oriented banks in Germany and a key lobby group for Germany's financial sector.

<span class="mw-page-title-main">2011 UBS rogue trader scandal</span> Unauthorized trading incident

The 2011 UBS rogue trader scandal caused a loss of over US$2 billion at Swiss bank UBS, as a result of unauthorized trading performed by Kweku Adoboli, a director of the bank's Global Synthetic Equities Trading team in London in early September 2011.

Kweku Adoboli is a Ghanaian investment manager and former stock trader. He was convicted of illegally trading away US$2 billion as a trader for Swiss investment bank UBS. While at the bank he primarily worked on UBS' Global Synthetic Equities Trading team in London, where he engaged in what would later be known as the 2011 UBS rogue trader scandal. After serving a prison sentence, he lost several appeals against the UK Home Office decision to deport him to Ghana.

<span class="mw-page-title-main">Sanjay Shah</span> British businessman and international convicted fraudster

Sanjay Shah is a Dubai-based British trader and tax fraudster. He founded Solo Capital, a hedge fund firm which closed in 2016, and the NGO Autism Rocks, which closed in 2020.

References

  1. 1 2 3 4 "Cum-Ex trading scandal in Germany – A huge challenge for financial institutions and the insurance industry". DAC Beachcroft . 8 February 2017. Archived from the original on 26 October 2018. Retrieved 6 October 2020.
  2. "Skattesvindel" [tax fraud]. DR (in Danish). 18 October 2018. Archived from the original on 18 December 2018. Retrieved 18 October 2018.
  3. Vartdal, Ragnhild (18 October 2018). "Norge rammet av europeisk skatteskandale" [Norway hit by European tax scandal] (in Norwegian). Retrieved 18 October 2018.
  4. ""CumEx Files": la fraude fiscale à 55 milliards d'euros" ["CumEx Files": tax fraud for 55 billion euros]. Le Point (in French). AFP. 18 October 2018. Archived from the original on 20 October 2018. Retrieved 20 October 2018.
  5. 1 2 Hill, Jenny (9 June 2017). "Germany fears huge losses in massive tax scandal". BBC News. Archived from the original on 13 November 2018. Retrieved 29 October 2018.
  6. Smith, Elliot (14 October 2019). "A landmark German tax fraud case could ripple through the finance industry". CNBC. Archived from the original on 15 October 2019. Retrieved 15 October 2019.
  7. Sims, Tom; O'Donnell, John (28 November 2019). "Former Freshfields lawyer arrested over German tax scam: sources". Reuters. Archived from the original on 25 January 2020. Retrieved 25 January 2020.
  8. Storbeck, Olaf (9 January 2020). "Former head of tax at Freshfields charged over illegal rebate scandal" . Financial Times . Archived from the original on 11 December 2022. Retrieved 30 April 2023.
  9. "Freshfields 'Cum-Ex' Scandal Partner Arrested". Law.com International.
  10. "EBA publishes its inquiry into dividend arbitrage trading schemes ("Cum-Ex/Cum-Cum"), and announces a 10-point action plan to enhance the future regulatory framework | European Banking Authority". Archived from the original on 5 September 2020. Retrieved 6 October 2020.
  11. "EU-Behörde über Cum-Ex-Deals: Kein Austausch zwischen Aufsichtsbehörden". 12 May 2020. Archived from the original on 23 May 2020. Retrieved 6 October 2020.
  12. "Danes Failed to Heed Cum-Ex Warnings Before Hedge Fund Trades". Archived from the original on 5 August 2020. Retrieved 6 October 2020.
  13. "Hedge Fund Founder Fears He Can't Pay Legal Bills in Tax Case". Bloomberg.com. 19 June 2020. Archived from the original on 7 August 2020. Retrieved 6 October 2020.
  14. (in French) "CumEx Files": a citizen collective files a complaint with the national financial prosecutor's office La Tribune October 30, 2018 and November 6, 2018
  15. (in French) Bilan de la lutte contre les montages transfrontaliers Assemblée nationale
  16. (in French) RAPPORT D’INFORMATION DÉPOSÉ en application de l’article 145 du Règlement PAR LA MISSION D’INFORMATION COMMUNE sur le bilan de la lutte contre les montages transfrontaliers Assemblée nationale
  17. van Rensburg, Dewald (21 October 2021). "Investec implicated in probes into the world's largest tax fraud (Part 1)". Fin24. Retrieved 21 October 2021.
  18. "CumEx Files 2.0". CORRECTIV. 21 October 2021. Retrieved 21 October 2021.
  19. van Rensburg, Dewald (28 October 2021). "The CumEx Files (Part Three): Investec's multibillion-euro backing for legendary 'tax evader'". Daily Maverick. Retrieved 30 October 2021.

Commons-logo.svg Media related to CumEx-Files at Wikimedia Commons