December 20, 2011
Santiago, Chile
Santiago, Chile
Here’s a quick crash course in how the intelligence business
works these days. Despite the Hollywood mystique of suave, womanizing,
pun-dropping men of mystery flitting around the world, it’s much more mundane.
In reality, government operatives from a host of three-letter
agencies are working to develop large networks of informants. These are mostly
folks who deal with other people and are in the know ~ the bartender in Beirut,
the luxury car dealer in Bogota, the money changer in Riyadh, the hotel manager
in Shanghai, etc.
These assets are constantly being pumped for information ~ who
did you see, what were they buying, where did they go next, who were they with,
what were they discussing, etc. And in exchange, informants typically get paid.
In the United States, there are a number of laws on the books
which are theoretically supposed to prevent the three letter agencies from
spying on US citizens. Naturally, the government dispenses with such
inconvenient formalities in its sole discretion, and Congress frequently passes
legislative exceptions (USA PATRIOT Act, NDAA, etc.)
There’s a little known division of the Treasury Department
called the Financial Crimes Enforcement Network (FinCEN) whose mission is to
“to enhance U.S. national security, deter and detect criminal activity, and
safeguard financial systems from abuse by promoting transparency in the U.S.
and international financial systems.”
Here’s a government agency rule of
thumb:
The more noble-sounding the mission
statement,
the more villainous the agency.
FinCEN is basically the CIA of the financial system. But unlike
the CIA which is technically not allowed to spy on US citizens and typically
has to pay informants, FinCEN has complete legal authority over US persons. And
they’ve managed to turn the entire financial system into the world’s largest
network of informants.
Simply put,
your banker is an unpaid,
often unwilling spy of the US government.
Case in point ~ last week, FinCEN announced that a California
banker had been slapped with a $25,000 penalty for notifying a customer who had
become the subject of a federal “Suspicious Activity Report” or SAR.
SARs are required to be filed by bankers, brokers, money
changers, check cashers, and even casinos. You may have been the subject of
dozens of SARs and never know, because it’s against the law for your banker to
notify you.
As for what is considered “suspicious”, there is no clear
guidance on this. It could be anything ~ depositing or withdrawing too much
cash, ATM withdrawals in foreign countries, unusual fund transfers into your
account. Basically, anything that’s a departure from a completely sterile
existence.
What’s more, financial institutions frequently have a minimum
quota of SARs to fill out, and those who do not comply face severe penalties.
Financial institution employees can even face CRIMINAL charges for failing to
file a SAR.
Now, your banker may be a good guy,
but do you think s/he’s willing to
do jail time?
No chance.
This is how normal, everyday people end up on government watch
lists or have their assets frozen ‘pending investigation’. And with the recent
passing of the National Defense Authorization Act and its catch-all terrorism
clauses, we can only expect this to get worse.
It’s truly despicable when you think about it ~ the federal government creates a currency monopoly at the point of a gun (try buying your groceries with Swiss francs).Then they make it nearly impossible to function in this world without using the banking system, and then turn the entire banking system into a network of spies.
If you want to reduce these risks and dull the impact of the
coming wave of SAR-driven civil asset forfeiture, it would be a really smart
move to open a foreign bank account.
Nearly every country in the world has anti-money laundering
rules now. Some (such as Mongolia, where I recently opened an account yielding
nearly 14%), are easier than others.
But the bottom line is that you’d be moving your money out of
the jurisdiction where you live, and into a place where those agencies have
zero (or limited) authority.
And if you want even more financial privacy, I’d strongly
recommend holding precious metals in an anonymous overseas vault like Das Safe in Vienna.
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