Is
Private banking appropriate for me?
Here you’ll find some key factors to determine, if you need
private banking services or not:
Service
levels and Products offered
·
Private banks offer an inside advocate the private banker whose mission is to
help his or her clients make easy use of the bank's products and services.
A private banker will routinely arrange
complex wire transfers for a client who simply calls in by phone to request
them. Retail banks may offer offshore services, but a private banker is an
expert in facilitating the creation of offshore trusts and corporations, opening
accounts for them, and arranging transactions on their behalf. Retail banks
will allow clients to open multiple accounts, but a private banker will not
only create these accounts for a client, but also keep track of the assets
in each account and arrange transactions among them.
Private banks provide its clients with
a team of specialists under the coordinated direction of the private banker.
These specialists include investment managers, trust officers, estate planners,
and other financial experts, all prepared to act in concert. The private banker
orchestrates their services with a degree of coordination that is often difficult
or impossible to achieve in retail banking.
·
Multiple Accounts
A striking feature of the private bank
accounts examined is their complexity. Private bank clients often have many
accounts in many locations. Some are personal checking, money market or credit
card accounts. Others are in the name of one or more shell companies. Multiple
investment accounts are common, including mutual funds, stocks, bonds and
time deposits.
The reality right now is that private
banks allow clients to have multiple accounts in multiple locations under
multiple names and do not aggregate the information.
·
Secrecy Products
Most private banks offer a number of products
and services that shield a client's ownership of funds. They include offshore
trusts and shell corporations, special name accounts, and codes used to refer
to clients or fund transfers.
·
Movement of Funds
Client account transactions at private
banks routinely involve large sums of money., Most private banks provide products
and services that facilitate the quick, confidential and hard-to-trace movement
of money across jurisdictional lines. For example, private banks routinely
facilitate large wire transfers into, out of and among client accounts, in
multiple countries.
·
Credit
Another common private bank service involves the extension
of credit to clients. The clients leave their deposits in the bank and use
them as collateral for large loans. This practice enables the bank to earn
a fee not only on the deposits under their management, but also on the loan.
Culture
of Secrecy
A culture of secrecy pervades the private
banking industry. Numbered accounts at Swiss banks are but one example. There
are other layers of secrecy that private banks and clients routinely use to
mask accounts and transactions. For example, private banks routinely create
shell companies and trusts to shield the identity of the beneficial owner
of a bank account. Private banks also open accounts under code names and will,
when asked, refer to clients by code names or encode account transactions.
Secrecy
Jurisdictions
In addition to shell corporations and codes, a number of private
banks also conduct business in secrecy jurisdictions such as Switzerland and
the Cayman Islands, which impose criminal sanctions on the disclosure of bank
information related to clients and restrict U.S. bank oversight. The secrecy
laws are so tight, they even restrict internal bank oversight.
For example, if a bank's own employee
uncovers a problem in an office located in a secrecy jurisdiction, that employee
is barred from conveying any client-specific information to colleagues in
the United States, even though they are part of the same banking operation.
The bank's auditors and compliance officers operate under the same restrictions;
any audit or compliance report sent out of the country must first be cleansed
of client-specific information.
If a bank employee in the United States wants more information
about a problem in a secrecy jurisdiction involving specific clients, he or
she has to fly to the secrecy jurisdiction to discuss the matter in detail
or review documentation. Even then, the restrictions continue. For example,
before allowing an employee to travel to Switzerland, private banks such as
J.P. Morgan and Citibank require their employees to sign a non-disclosure
statement, reminding them that Swiss law bars disclosing client information
acquired in Switzerland to anyone, even their fellow bankers in the United
States.
If a U.S. private bank were to tell its
Swiss office that an individual is suspected of money laundering and to close
any accounts related to that individual, Swiss law bars the Swiss office from
disclosing the existence of any such accounts. Then, if U.S. bank personnel
wanted to confirm the closure of any accounts, someone from the private bank
would have to fly to Switzerland to do so. Upon returning, the private bank
official could not, without breaking Swiss law, communicate any specific account
information to senior bank management in the United States or to U.S. bank
regulators. The bottom line, then, is that private bank personnel cannot have
a frank discussion in the United States about what the private bank is doing
in Switzerland without breaking Swiss law.
MINORITY STAFF REPORT FOR PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
HEARING ON PRIVATE BANKING AND MONEY LAUNDERING:A CASE STUDY OF OPPORTUNITIES
AND VULNERABILITIES November 9, 1999