Offshore
US Hedge Fund Reportedly Threatens Lawsuit Against Panama's Mossack Fonseca
A US hedge fund has created another twist in the saga of the so-called "Panama Papers".
The law firm at the centre of the Panama Papers saga reportedly
faces a lawsuit from a US hedge fund that successfully sued
Argentina.
Paul Singer's Elliott Management Corp has accused Mossack Fonseca of
helping Argentine clients hide money as Elliott was pursuing the
Argentine government to pay off defaulted bonds. The lawsuit
filed in a Nevada court in late May and obtained by AFP, the
newswire, focuses on Mossack Fonseca's business of setting up
anonymously-owned companies and trusts for clients often seeking
to hide funds offshore from tax and legal officials, the report
by AFP said.
The lawsuit says that while it was pursuing its claims against
Argentina, in 2014 Elliott's unit NML Capital sought help in
identifying and tracing assets linked to some shell companies
registered in Nevada. But it said that Mossack Fonseca, though
having evident close links to "MF Nevada" - a corporate services
provider linked to those shell companies - insisted in the court
that the two only had very limited ties. For that reason, Mossack
Fonseca insisted it could not provide the data the NML
wanted.
A report in May, also by AFP, stated that Mossack Fonseca is
suing a journalists’ group for leaking data it says is false. The
law firm is filing suit against the International Consortium of
Investigative Journalists. The ICIJ has put a searchable database
of more than 200,000 offshore companies onto its website. The
Washington DC-based organisation first revealed that it had
obtained the leaked, or stolen, data in April.
The Panama Papers saga has seen the downfall of Icelandic prime minister Sigmundur David Gunnlaugsson, and, ironically, a senior Chilean figure in the global watchdog on dirty money, Transparency International. The papers also purportedly show that Australian premier Malcolm Turnbull had a British Virgin Islands-based firm that was created by Mossack Fonseca. UK prime minister David Cameron’s late father also had an account at one stage that was based out of Panama. To see an article about some of the issues around confidentiality and privacy that are raised, click here.
The affair has reignited debate on the proper distinction that should be drawn between legitimate client privacy and secrecy, as well as the issue of whether beneficial owners of trusts and other structures should be publicly disclosed. The ICIJ’s database is drawn from the 11.5 million documents leaked from Mossack Fonseca.