Offshore
Panama Papers 2.0? Offshore Law Firm Facing Potential Scandal Pleads Innocence
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The news comes less than 18 months after millions of leaked files from the world's fourth-largest offshore law firm shone a light on how the ultra-rich exploited tax regimes to guard their wealth, sending shockwaves through the offshore sector.
Appleby has defended
itself against claims of malpractice from investigative
journalists who are reportedly set to make public computer
records held by the offshore law firm tied to some of the world’s
wealthiest people.
The firm said it had received enquiries from the International
Consortium of Investigative Journalists (ICIJ) – the network that
helped break the Panama Papers scandal – and “a number of
media organisations” stemming from documents involving
“allegations made against our business and the business conducted
by some of our clients”. (See an article on the legacy of the
Panama leaks, here
and
here.)
Ahead of the documents’ publication, which is understood to be
imminent, Appleby said it had “thoroughly and vigorously
investigated the allegations” and found no evidence of wrongdoing
in-house or among its clients.
“We refute any allegations which may suggest otherwise and we
would be happy to cooperate fully with any legitimate and
authorised investigation of the allegations by the appropriate
and relevant authorities,” Appleby said yesterday in a statement
on its website.
Appleby, based in Bermuda but with offices in multiple offshore
jurisdictions, went on to say it had reviewed its
cyber-security and data arrangements in light of a “data security
incident” last year, which led to “some of our data being
compromised”. There is a chance that the documents journalists
are referring to were obtained on the back of this breach, and
Appleby has said it is “disappointed that the media may
choose to use information which could have emanated from material
obtained illegally”.
Depending on the scale of the leak and the gravity of the
documents’ contents, the industry could witness something akin to
last year’s Panama Papers saga, when more than 11 million leaked
files from Mossack Fonseca, the
offshore law firm, shone a bright light on how the ultra-rich
exploited offshore tax regimes to guard their wealth. The saga
also raised controversy, once again, about the proper boundaries
between legitimate privacy and illicit secrecy, at a time when
governments are demanding dlsclosure of beneficial ownership of
trusts, companies and other structures. (A conference
was held this week by this publication asking whether respect
for legitimate privacy is under threat, and what to do about
it.)
Appleby said journalists’ allegations were “unfounded and based
on a lack of understanding of the legitimate and lawful
structures used in the offshore sector”.
But the ICIJ acknowledged the legitimacy of the offshore sector
in a statement on its website.
“There are legitimate uses for offshore companies and trusts. We
do not intend to suggest or imply that any people, companies or
other entities included in the ICIJ Offshore Leaks Database have
broken the law or otherwise acted improperly,” the organisation,
which is headquartered in Washington DC, said.
According to Appleby's website, it advises global public and
private companies, financial institutions and high net
worth individuals.
A profile on Chambers and Partners says its clients include
financial institutions, FTSE 100 and Fortune 500 companies.