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  1. Account Options
  2. Rethinking the National Interest
  3. Democratic education
  4. Account Options

But that was likely an incomplete portrait. More than one-third of the units had been sold to corporate vehicles, which can readily hide the identity of the true owner. Without anyone ever declaring it so, the ephemeral has been enshrined. The war on kleptocracy had meanwhile been lurching forward on another front. If foreign plutocrats remained mostly unscathed as they made themselves at home in the U. In , the United States experienced one of its bouts of moral clarity, jolted by the confessions of a banker named Bradley Birkenfeld, who came clean to the Department of Justice.

What he freely divulged to prosecutors were his client-recruiting efforts on behalf of UBS, the Swiss banking behemoth. Birkenfeld described how he had ensconced himself in the gilded heart of the American plutocracy, attending yacht regattas and patronizing art galleries. He would mingle with the wealthy and strike up conversation.

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Zero income tax, zero capital-gains tax, and zero inheritance tax. The scale of the hidden cash spun Congress into a fury. In , it passed the Foreign Account Tax Compliance Act fatca , legislation with moral clout that belies its stodgy name. Never again would a foreign bank be able to hold American cash without notifying the IRS—or without risking a walloping fine. Here was anti-corruption leadership at work—and U. According to one powerful strain of American exceptionalism, the nation boasts superior financial hygiene and a bedrock culture of good government.

Indeed, the U.

Rethinking the National Interest

But banks—along with their lobbyists and intellectual mouthpieces—worked furiously to prevent the expansion. The effort went nowhere in Congress. If every nation had signed on to the OECD standards, the effect would have been a hammerblow to tax havens, shattering the vital infrastructure that allows kleptocratic money to flow unnoticed. This obstinacy stood to subvert everything the country had done to lead the fight against dirty money: While the U.

It is the sound of money rushing to the USA. Not long before the U. What made the presentation so memorable were the ideas included in a draft procured by Bloomberg. The script laid bare the reasons for wealthy foreigners to funnel money through Nevada: The state is the ideal place to hide money from governments and avoid paying U. The behavior of the American elite changed too.

Members of the professional classes competed to sell their services to kleptocrats. In the course of that competition, they breezed past old ethical prohibitions, and the pressure rose to test the limits of the law. A collection of videos on the internet, filmed in , illustrates this moral collapse. The clips never show the face of a man introduced as Ralph Kayser, a German who reveals only the most elemental details about himself, recited in lightly accented English. He has lined up a succession of meetings with 13 law firms in Manhattan, in which he engages in pleasantries and then announces his purpose.

Over a long career, the official has grown quite wealthy.

And so they pay some special money for it. The client prefers that his purchases remain a tightly held secret, so as not to provoke attention back in his home country.

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That is entirely by design. The actor is outfitted with a well-concealed camera to capture the American lawyers displaying their ethical proclivities. Kayser has not, it should be said, selected the law offices of Saul Goodman. His targets include attorneys at white-shoe firms.

Democratic education

Of course they understand the risks of moving suspect cash into New York. But the footage also provides primary anthropology of an American elite. A profession like law has highly developed ethical codes, yet those codes appear to have receded in recent years. Even the most prestigious firms find themselves fretful about the survival of their high-priced business model, which was profoundly rattled by the financial crisis and the corporate cost-cutting that followed.

Greedy impulses have surely always existed within the white-shoe world, but the sense of Darwinian struggle and the norms of a global elite have eroded boundaries. The same partners who shed underachieving colleagues more ruthlessly than they used to also seem primed to adopt a more permissive attitude toward clients whom they might once have rejected. The Ukrainians hired Skadden through a middleman, the now-jailed political consultant Paul Manafort.

Once upon a time, it might have been possible to think of Manafort as a grubby outlier in Washington—the lobbyist with the lowest standards, willing to take on the most egregious clients. Manafort subcontracted some of his lobbying to the firm of Tony Podesta, arguably the most powerful Democratic influence-peddler of his generation. In , Benjamin Franklin returned from Paris, where he had served as a representative of American interests. He brought home a bejeweled gift, which incited controversy. The grandest item in his possession, it was a portrait of Louis XVI, outlined by diamonds and stored in a golden case.

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This present was often referred to as a snuffbox, a name that seemed intended to obscure its grandeur. There, gift-giving was a standard diplomatic custom.

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But a gift might cloud the judgment of a public official, and risked undermining the allegiances of the recipient. It represented the possible elevation of personal gain over commitment to the public good. The perils of corruption were an obsession of the Founders. In the summer of , James Madison mentioned corruption in his notebook 54 times.

To read the transcripts of the various constitutional conventions is to see just how much that generation worried about the moral quality of public behavior—and how much it wanted to create a system that defined corruption more expansively than the French or British systems had, and that fostered a political culture with higher ethical ambitions. For a good chunk of American history, a number of states criminalized lobbying in many forms, out of a sense that a loosening of standards would trigger a race to the bottom. That near-phobia now looks quaint, and also prescient.

The political culture, the legal culture, the banking culture—so much of the culture of the self-congratulatory meritocratic elite—have long since abandoned such prudish ways. It redefined our very idea of what constitutes corruption, limiting it to its most blatant forms: the bribe and the explicit quid pro quo.

But the administration was in its last year, and passing any new law would have required a legislative slog and bull-rushing obstreperous lobbyists, so plans stalled. The Clinton-era proposals would have remained an unvisited curio in the National Archives had Osama bin Laden not attacked. But in the days after the Twin Towers collapsed, George W. A sense of national panic created a brief moment for bureaucrats to realize previously shelved plans. This section of the bill was a monumental legislative achievement.

Undeterred by the smoke clouds of crisis, representatives of the big banks had stalked the Senate, trying to quash the measure. Citibank officials reportedly got into shouting matches with congressional staffers in the hall. This anger reflected the force of the patriot Act. If a bank came across suspicious money transferred from abroad, it was now required to report the transfer to the government.

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A bank could face criminal charges for failing to establish sufficient safeguards against the flow of corrupt cash. Little wonder that banks fought fiercely against the imposition of so many new rules, which required them to bulk up their compliance divisions—and, more to the point, subjected them to expensive penalties for laxity. Much of what Palmer had urged was suddenly the law of the land. They all but conjured up images of suburban moms staking for sale signs on lawns, ill-equipped to vet every buyer. And they persuaded Congress to grant the industry a temporary exemption from having to enforce the new law.

The exemption was a gaping loophole—and an extraordinary growth opportunity for high-end real estate. For all the new fastidiousness of the financial system, foreigners could still buy penthouse apartments or mansions anonymously and with ease, by hiding behind shell companies set up in states such as Delaware and Nevada. Those states, along with a few others, had turned the registration of shell companies into a hugely lucrative racket—and it was stunningly simple to arrange such a Potemkin front on behalf of a dictator, a drug dealer, or an oligarch.

According to Global Witness, a London-based anti-corruption NGO founded in , procuring a library card requires more identification in many states than does creating an anonymous shell company. Much of the money that might have snuck into banks before the patriot Act became law was now used to purchase property. One condo belonged to the family of a former Russian senator whose suspected ties to organized crime precluded him from legally entering Canada for a few years.

A condo down the hall belonged to a Greek businessman who had recently been arrested in an anti-government-corruption sweep.