Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

UK watchdog narrows dividend-stripping investigation

UK watchdog narrows dividend-stripping investigation

A British investigation into a trading scheme that claimed multiple tax rebates on dividend payments, said by European countries to have siphoned billions of euros from state coffers, is now focused on nine companies and three individuals, a Freedom of Information (FOI) request shows.

Britain's market watchdog, the Financial Conduct Authority (FCA), has been part of the cross-border 'cum-ex' inquiry for seven years, although the current scope of its operation - reported here for the first time - is dwarfed by sprawling fraud investigations led by Germany and Denmark.

A German court this week sentenced tax lawyer Hanno Berger, alleged to have masterminded one of the country's biggest post-war frauds, to eight years in jail. It is the highest-profile prosecution and longest sentence to date in a series of trials that have also convicted British bankers.

Although Britain was not impacted by cum-ex trading, much of the structuring and organising of the scheme took place in London, according to lawyers and authorities, some of whom turned to the country for help unpicking what had happened.

The FCA said in 2020 that it had been working with European authorities to investigate "substantial and suspected abusive share trading" in London markets that allegedly supported dividend stripping tax avoidance schemes in Denmark, Germany, France and Italy.

The watchdog, which has fined three small brokerages a combined 2.9 million pounds ($3.5 million) to date, said inquiries into eight individuals had been closed because of a lack of evidence by mid-November. It has also discontinued an investigation into one company.

"We have already achieved a number of outcomes and we are continuing to progress the remaining investigations into individuals and firms to conclusion," the FCA said, without naming those still under investigation.

The watchdog's inquiries are regulatory and have focused on penalties for financial crime control failings to date. It does not have the power to investigate tax fraud, but can investigate civil and criminal market abuse.

Reuters could not determine whether other British agencies are conducting criminal inquiries and the Serious Fraud Office and tax authority HMRC, which might prosecute such cases, declined to comment.

"(A British criminal investigation) would send an important signal: Even if we were not the ones plundered, we will not allow such conduct from our shores," said Konrad Duffy of Finanzwende, a German group campaigning for financial transparency.

But two London lawyers said drawn-out investigations into cum-ex trading, that some experts estimate has cost German taxpayers alone around 10 billion euros ($11 billion), did not appear to be a high priority for British authorities.

"There has been an inertia by British agencies in relation to cum-ex," noted Zoe Osborne, a partner focusing on financial crime, contentious regulatory investigations and litigation at law firm Steptoe & Johnson.


CRACKDOWN


Cum-ex trading, also known as dividend stripping, involved banks and investors swiftly dealing shares of companies around dividend payout days, blurring stock ownership and allowing multiple parties to claim tax rebates.

The scheme flourished after the 2008 credit crisis when banks, traders and hedge funds devised strategies to trade vast volumes of stock to cash in on a now-closed loophole.

Labelling it "a collective case of thievery", a German judge sentenced two British bankers in 2020. German prosecutors have since secured 11 convictions and government officials say the probe spans around 1,500 suspects and 100 banks on four continents.

Danish prosecutors last year charged eight British and U.S. citizens and the Danish tax authority SKAT is separately pursuing almost 80 defendants in London over alleged tax fraud in a civil case that centres on Sanjay Shah, a Briton based in Dubai, and his hedge fund Solo Capital Partners.

The alleged fraud is said to have been principally orchestrated from, or carried out through, British-based entities, Court of Appeal judges noted in a February judgment.

Shah has denied wrongdoing. His lawyer said last year that he and his businesses had acted lawfully and in accordance with Danish tax rules in force at the time. A spokesman declined to comment further.

Wanted by Denmark and Germany, Shah seemed beyond authorities' reach until Denmark signed an extradition treaty with the UAE in March.


THE $148 BLN QUESTION


The three brokerages fined by the FCA to date - The TJM Partnership, Sunrise Brokers and Sapien Capital - traded a total of 121.2 billion pounds of Danish and Belgian equities for Solo Capital and connected companies between January 2014 and November 2015, FCA documents show.

All three brokerages qualified for a discount to their fines for cooperating with the investigation.

The FCA had also issued five warning notices to companies and one to an individual about impending regulatory action over cum-ex trading by mid-November, according to the FOI request.

One warning notice was sent in June 2020 to an unnamed former chief executive, according to a 2021 High Court judgment.

The individual challenged the FCA notice in court and proceedings have been halted pending preliminary rulings in the estimated 1.44 billion pound case brought by SKAT against Shah and others in London.

($1 = 7.0672 Danish crowns)

($1 = 0.8207 pounds)

($1 = 0.9428 euros)

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
Italy Faces Population Decline Amid Youth Emigration
Trump Accuses China of Violating Trade Agreement
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Russia Accuses Serbia of Supplying Arms to Ukraine
Gerry Adams Wins Libel Case Against BBC
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
EU Majority Demands Hungary Reverse Anti-LGBTQ+ Laws
Top Hotel Picks for 2025 Stays in Budapest Revealed
Iron Maiden Unveils 2025 Tour Setlist in Budapest
Chinese Film Week Opens in Budapest to Promote Cultural Exchange
Budapest Airport Launches Direct Flights to Shymkent
Von der Leyen Denies Urging EU Officials to Skip Budapest Pride
Alcaraz and Sinner Advance with Convincing Wins at Roland Garros
EU Ministers Lack Consensus on Sanctioning Hungary Over Rule of Law
EU Nations Urge Action Against Hungary's Pride Parade Ban
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
U.S. Considers Withdrawing Troops from Europe
Russia Deploys Motorbike Squads in Ukraine Conflict
Critics Accuse European Court of Human Rights of Overreach
Spain Proposes 100% Tax on Non-EU Holiday Home Purchases
German Intelligence Labels AfD as Far-Right Extremist
Geert Wilders Threatens Dutch Coalition Over Migration Policy
Hungary Faces Multiple Challenges Amid EU Tensions and Political Shifts
Denmark Increases Retirement Age to 70, Setting a European Precedent
Any trade deal with US must be based on respect not threats', says EU commissioner
UK Leads in Remote Work Adoption, Averaging 1.8 Days a Week
Thirteen Killed in Russian Attacks Across Ukraine
High-Profile Incidents and Political Developments Dominate Global News
Netanyahu Accuses Western Leaders of 'Emboldening Hamas'
Ukraine and Russia Conduct Largest Prisoner Exchange of the War
×