This is a very interesting article by Shelly Stark, published in Truthout.org recently. I was not previously aware of the “Hidden Treuhand” provision in the laws anywhere which would allow this type of tactic to be used to defeat any oversight and accountability. I post it here for all of you to read. It is amazing the complexity of the efforts of those who would in greed do unethical and criminal things to better feather their own nests, and do it in the dark, out of the light of the law and the public/taxpayers view. GFS
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Halliburton’s Hidden Treuhand
Monday 11 August 2008
by: Shelley Stark, t r u t h o u t | Report
Vanity Fair reported shipments of over $12 billion in cash to Iraq. $9 billion of the cash is gone and unaccounted for. (Photo: The Village Voice)
The practice of Hidden Treuhand is relevant and unregulated. More and more, the relevant practice of Treuhand is used in hiding an asset owner’s identity from the outside world. Assets, whether they are corporate shares or fixed assets, can be owned in secret. The personal income derived from these assets can also be kept secret from tax authorities. An example of how Hidden Treuhand facilitates tax evasion is part of the latest scandal where thousands of Germans evaded tax through the services of the LGT Treuhand Bank in Liechtenstein, using a combination of Treuhand and foundations to hide true owner identity of bank accounts.
Hidden Treuhands in Europe impact the lives of American citizens. Hidden Treuhands enable even American corporations to hide the identity of beneficiaries, assets and income. Halliburton has a Hidden Treuhand embedded in its Austrian subsidiary. It prevents transparency regarding corporate activities.
The lack of transparency creates special advantages for some, and consequences for others such as governments, competitors, stockholders and citizens. For example, a beneficiary can evade personal income tax, because the income derived from a hidden asset is not linked to the beneficiary. There is another advantage to Hidden Treuhands that borrows from the concept of a “trust.” The “trust” concept allows for dividends to be removed. Money transferred to a subsidiary may be considered a dividend. By using a network of subsidiaries, favorable tax laws and banking secrecy, CEOs and insiders can profit without transparency. The Hidden Treuhand is an important aspect of what makes globalization so attractive to American and European corporations.
Given these attributes, it is alarming when a Hidden Treuhand is discovered in a subsidiary that is fully owned by Halliburton USA. Halliburton’s Hidden Treuhand is evident in the firm’s corporate records. Halliburton International GmbH was created in Austria in June of 1992, although another subsidiary, at the same address, was in existence in Austria since 1958. The new subsidiary, Halliburton International GmbH, has no apparent reasons for existing other than to house a Hidden Treuhand in its corporate structure, receive dividends from other subsidiaries and acquire other subsidiaries. This firm has no employees. It creates no income. Another company, Halliburton Company Austria GmbH, at the same address, could have equally performed whatever function this subsidiary has, but it has no Hidden Treuhand. The obvious conclusion is Halliburton USA needed a subsidiary with a Hidden Treuhand.
The Hidden Treuhand easily accomplishes tax evasion because dividends transferred to a subsidiary with a Hidden Treuhand can be anonymously distributed or used to purchase other holdings. For example, Halliburton International GmbH has acquired acquisitions in Russia and Kazakhstan that later disappear from the corporate records.
Halliburton attracts a certain limelight in connection with any Treuhand activities because of its link to a highly controversial war and Vice President Dick Cheney’s earlier association with Halliburton. We would have expected all ties to his former employer to be have been severed when he took office to avoid a conflict of interest. The impenetrability of the Hidden Treuhand makes it impossible to know who else is involved beyond the CEOs listed on Halliburton International GmbH historic corporate data.
Dick Cheney claims to no longer own stock in Halliburton, but he was its chairman and CEO for five years, and either hired or promoted many of the executives now running Halliburton, or formerly involved with the subsidiary with the Hidden Treuhand in Austria. It is highly unlikely the chief executive officer, Dick Cheney, would be unaware of the Austrian subsidiary’s existence, originally headed by the executive vice president and chief legal officer, Lester L. Coleman, of Halliburton International USA. But it is an absolute certainty Lester L. Coleman and all the other CEOs listed on Halliburton International GmbH corporate historic records do know of the subsidiaries existence and its Hidden Treuhand. It was the intention of these CEOs to set up a secret subsidiary in 1992 with a Hidden Treuhand embedded.
Perhaps more importantly, Halliburton’s CEOs, listed in the corporate historic records of Halliburton International GmbH in Austria, should know Hidden Treuhands could be used to undermine American security by providing a means for financing terrorists. Currently, one of the strongest arguments the US and the OECD are using against banks, lawyers and Treuhand activities in Europe to combat tax evasion and money laundering is how these activities can be used to fund terrorism. The Iraq War is one portion of the overall strategy of the ‘War on Terror’ that also includes preventing any funding for terrorism. It takes little imagination to see the huge potential Treuhands facilitate: creating a means for terrorists and criminal organizations to conceal their true identities and motives and yet work openly in the capitalist system.
Halliburton’s CEOs must be aware of the potential misuse of Hidden Treuhands, as they have not been particularly open about their own use of Hidden Treuhands to date. Halliburton simultaneously contracts to fight a “war on terror,” while utilizing the same nontransparent mechanisms concerned authorities seek to prevent access to by terrorists. Faced with a conflict of interest, Halliburton CEOs demonstrate with their silence a willingness to protect their own interests, and doing so while we are at war with an enemy that works in the shadows.
The noncompetitive contract awarded Halliburton was orchestrated by Vice President Dick Cheney and backed by the Bush administration. This contract has afforded an estimated US$1.4 trillion to US$3 trillion of US taxpayer money to flow through the coffers of Halliburton, virtually unmonitored and fraught with accounting irregularities. The receiver of much of this US taxpayer money is Halliburton USA, its affiliates and subsidiaries. One of the subsidiaries, the Austrian subsidiary, is capable of dispersing any money sent to it to unknown persons, without a hint of transparency.
The Hidden Treuhand is more than just a means of profiting without transparency; it is a national security threat, whether wielded by al-Qaeda or Halliburton. If Americans were brought into a war based on a profit motive while we were supposed to be focused on alleviating the threat of terrorism, it could amount to treason. This risk should be given some credence and investigated. For this reason, Halliburton’s corporate records were given to the US Internal Revenue Service. Maybe they will find something illegal, tax evasion for example, or maybe they will come back and say they found nothing illegal: The Hidden Treuhand is just a little bit naughty.
There is no transparency to a Hidden Treuhand, and, therefore, no means to identify the real benefactors. But the most important factor concerning a Treuhand contract is this: If a Treuhand contract is embedded in the corporate structure, then its sole purpose is to prevent the public from knowing the identity of the real stockholders. Who is calling the shots and who is benefiting is kept secret.
The “True Hands,” the true benefactors’ identity, is hidden from public knowledge; they remain anonymous and nameless in transactions, and that is the sole incentive for creating a Hidden Treuhand.
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Shelley Stark is the author of a forthcoming book, “The Hidden Treuhand: How Europe Offers US Corporations and Individuals an Opportunity to Hide Assets, Identity, and Income.”
You are sick, where do you get off telling lies and half truths? The reason KBR has the contracts for the army is because there are no other companies that can handle it. KBR and Halliburton is not the enemy. The enemy is the people who want to give our country away. Who want to take prayer out of schools, who does not believe that we have been protected by the prayers of the people and by the Grace of God. If we keep forgetting God we can end up like the other nations and have no freedom left. Stop and think how wonderful our nation is and how come we are wonderful, it is because God has blessed us because we are a Christian nation.
Thanks for commenting. Your response is not uncommon in the respect that when someone, rather naive is first confronted with the breadth and depth of the corruption running rampant in our country, the response is usually strongly emotional and filled with denial. None of us want to believe our government and industry entities would behave in the way they are behaving. It is very shocking and incredulous at first. It breaks our hearts and shatters the trust and belief we had in our elected officials and law enforcement, oversight agencies.
If you will continue to read and learn about what is really going on and who is doing it, you will, God willing, see there are some more helpful types of things you can do in the future than send a comment like this. -GFS
OK-Shirley Kleinhans. If you could just pull you head out of the Bible for just a minute and stop praying long enough to hear what the investigators are telling you. You would be able to see the long list of theft and lies (violations of the 10 C’s) that KBR has been involved with.
There is sworn testimony that the actions of KBR employees including managers have not only put the health and safety of American civilian contractors at great risk, but the health and safety of our amazing soldiers as well. This sworn testimony “describes heinous acts of fraud, waste and abuse.
KBR has been paid Billions of dollars to do something that MANY other contractors could have done…at least as bad if not better than KBR…if they had been given the opportunity to bid it!
If you want to pray for someone…pray for all those KBR managers that are at the VERY least guilty of theft of government funds by means of fraud, waste and abuse.
And this is your quote “You are sick, where do you get off telling lies and half truths?” Not even close. This is one of the most accurate and informative “whistle blower blogs” on the internet!
Now you can put your head back in Bible or the sand or where ever allows you to not see the truth.
Amen! Shirley is a piece of work. I pray people as clueless as her never pass through the gates of Heaven. This is a case of follow the money. Shirley is not as God fearing as she wants us to believe. Obviously, she or someone close to her works for KBR and is raking in alot of that fraud money. God has blessed us because we are a Christian nation? WTF? Where does the constitution say we are a Christian nation? Why did God and GWB let the 9/11 attacks happen? How was that a blessing? How is the three trillion dollar debt mistaken Iraq war a blessing? Why isn’t Shirley over there fighting on the front lines. I think she is the kind of fighter we need there, and one person we could very much stand to lose. If these holier than thou people would get off their insane tirades like the above and actually start doing something to help this country rather than complain about people who don’t like their tax dollars stolen, then they might be worthy of the air they breathe. Sadly, now she’s not. True, there is a need for different viewpoints, but when you start sounding like you are one of the crazy people Reagan let out of the asylums to cut the budget like Shirley does, you cannot hold a rational discourse with them, as they are anything but rational. Shirley is living proof that abortion needs to be extended years beyond the ninth month.
Hi! It’s me Shelley Stark. Thank all of you for commenting. Shirley, I hope you will read my book. I’m almost finished. You be sure to comment, I’m looking forward to hearing from you. You’re OK. Your just frustrated and it is not easy to separate all the issues facing all of us today. I love America, but that doesn’t mean I have to love what is being done to my country and its people. In fact, in light of my education and knowledge, it would be immoral to hold back this information. For that reason, I spent the last few years translating German law in order to explain a phenomenon that impacts our understanding of the war in Iraq, Halliburton, and even the current financial crisis. The book will include some of the documents I turned over to the IRS. I assure you, this is not a game. The foreword was written by the most religious man I have ever known if that makes you feel better- Ernst Florian Winter- Google him. Read his foreword when the book comes out. I did much of the work living high in the Austrian Alps in his 350 year old Tyrollean style home complete with wood burning stove for heat and cooking. No meal is eaten without prayers and on Sunday the local peasants hold Mass high in the meadow alps. It’s an event i wouldn’t miss though i admit I look forward to the barbeque and giant mugs of beer afterwards. The story is straight forward. Everything I claim is footnoted in the original German language. I don’t expect you to understand the German references but they are there nonetheless. I foretold that billions would go missing – this book explains how it is done – the Hidden Treuhand and European banking secrecy – that is why you can’t find it in any law in the English language. This is the dark side of globalization. God bless us all – we are going to need it.
Thank you Shelly for posting here. I will be standing in line to order your book. Thank you for taking the time, much time, to research and write your book. So many Americans are so naive about what is going on in the world. I hope everyone reads it! Please come in and announce when your book is ready for purchase here! I will do everything I can to help promote it on my blogs.
By the way, an anonymous U.S. Federal Special Agent wrote to me privately to pass along this comment about your article. “Excellent information, and an excellent job of research. This is what makes our job of oversight of white collar corporate crime so incredibly complex and time-consuming. Many thanks, Shelly. I look forward to the publication of your book!”
-GFS
The book is finished and will be out in July.
Great news, Shelley! I hope everyone will read your new book, as it is a very important issue, one which is really hurting all of us.
I have answered your other question privately, sent as a reply to your email.
GFS