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The            Sovereign Society Offshore A-Letter
 

Thursday September 14, 2006
Vol. 8 No. 184
In Today's Letter:
Comment: Why Bother Investing Offshore?
Offshore: The Wages of Tax Evasion
Wealth: Twenty-nine New ETF's?
Privacy & Rights: Congress Wants to Weaken ID Theft Laws?
Why Bother Investing Offshore?

Today's comment is from Mark Nestmann, The Sovereign Society's Wealth Preservation & International Tax Editor and President of The Nestmann Group.  

Dear A-Letter Reader,

For nearly a decade, The Sovereign Society has been in the forefront of educating investors, especially those from the U.S., as to the many investment opportunities available beyond their native borders. 

But if you're new to offshore investment, you may not know all the advantages of creating an offshore "nest egg." 

1.  Profit opportunities are an advantage that The Sovereign Society has highlighted again and again. The United States has the world's largest securities markets, but there are many more investment options internationally. But too often, U.S. investors have missed the action, because a wall of censorship separates the U.S. from the offshore investment world. For instance, out of more than 55,000 mutual funds in the world, only 7,000 are registered to trade in U.S. markets. Yet, it's illegal for a U.S. broker to even tell you these funds exist!

There's more opportunity offshore too, such as in eastern and central Europe, Southeast Asia and parts of South America and Africa. You can buy U.S. securities targeting these markets, but you'll find a much richer selection offshore. And you don't have to bet on stocks to make money with overseas investments. Simply owning foreign currencies can mean big profits for dollar-based investors, if you buy in at the right time. 

2.  Safe financial havens.  The United States is in a much more precarious situation financially than many investors realize. Consumer, corporate and government debt levels are at record highs, and a recession, when it finally comes, is likely to be severe. Fortunately, in some countries, banks are run much more conservatively, and the risk of failure is lessened. For this reason, there have been very few bank failures in these countries since the Great Depression of the 1930s. By comparison, hundreds of U.S. banks went belly-up in the last big real estate bust in the 1980s. It could be much worse next time around, given the lax lending standards that prevailed in the 2003-2005 real estate bull market.

3. Protection from a falling U.S. dollar. For the same reasons I just described, the U.S. dollar is in trouble-big trouble. Rising interest rates have given the dollar a temporary rebound over the last few months, but there's no guarantee that it won't resume its long-term bear market. Most U.S. banks make it difficult to buy foreign currencies, but it's a different story in an offshore bank-you can invest in any freely traded currency, in many different forms-CDs, stocks, bonds, etc. Even if these currencies don't rise in value against the greenback, your portfolio will gain diversification.

4.  Financial privacy.  The United States has some of the most relaxed privacy laws in the world. Information about you is bought, sold or shared without your knowledge or consent every day. You can slow down this trade in your data, but you can't stop it, especially if it's the government doing the snooping. And financial accounts are notoriously insecure, contributing to an explosion in identity theft. It's also easy for legal predators to zero in prospective targets. For a few dollars, you can perform a search on the Internet to locate your target's home address, work history, telephone records and even balances in U.S. securities and bank accounts. Most other countries regulate this trade in information much more strictly than the United States. And in countries with bank secrecy laws, it means that this kind of financial information can never be shared, except under stringent conditions. 

5. Asset protection.  Due to the proliferation of lawsuits in the United States-more than 50,000 per week-getting a portion of your wealth outside the United States is also important for asset protection. U.S. juries are notorious for awarding millions of dollars of damages for actions that almost never lead to lawsuits in other countries. But outside the United States, you can find "wealth havens" with legal procedures in place that are highly unfavorable to frivolous litigation. In Nevis, for instance, someone who sues an asset protection trust must first post a US$25,000 bond with the government to cover court and others costs. And the statute of limitations for filing legal challenges to the trust runs out one year from the date it was created. 

6. Protection from civil forfeiture. The risk of having the government seize your property may seem remote, but it shouldn't, if you own assets in the United States. Under civil forfeiture laws such as the USA PATRIOT Act, you don't have to be convicted or even accused of a crime to lose your property. By contrast, most other countries are skeptical of civil forfeiture laws. In Austria, for instance, civil forfeitures are enforced if there is an accompanying criminal proceeding. That's an important safeguard lacking in U.S. courts.

7. Protection from corruption and crime. In many parts of Asia, South America and Africa, residents must deal with a corrupt legal system. Corruption can easily lead to a situation where criminal gangs infiltrate the banking system and the tax administration.
Successful entrepreneurs in such countries avoid the official banking system to prevent shakedowns, thefts and even kidnappings. Instead, they maintain the bulk of their assets offshore in a stable country like Switzerland with a trusted legal system.

8.  Business opportunities. Rapidly growing economies in eastern and southern Europe, like Southeast Asia, South America and even Africa present shrewd business opportunities. And even if you're not ready to set up shop in Prague or Kuala Lumpur, you can target these profitable (but volatile) markets in your offshore investment portfolio. 

9.  Protection from terrorism and similar financial disruptions. Sept. 11, 2001 demonstrated that U.S. markets are vulnerable to terrorism and other disruptions. All major U.S. stock exchanges remained closed four days after the September 11 attacks.  But investors with non-U.S. accounts could trade on foreign markets.

So, what are you waiting for? Right now is a great time to make your first offshore investment, because the U.S. dollar has temporarily strengthened after a slide to near-record lows earlier this year. And you never know when you might be targeted for a lawsuit or civil forfeiture. 

MARK NESTMANN, Wealth Preservation and
Tax Consultant on behalf of The Sovereign Society
assetpro@nestmann.com

EDITOR'S NOTE: Interested in going offshore but want more information before moving forward? This November, The Sovereign Society is hosting our first ever Offshore Advantage seminar to educate offshore novices. Click here to find out more. 

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Offshore

The Wages of Tax Evasion

Washington, DC: Many times in the past we have noted the perils of illegal U.S. tax evasion, including interest, penalties, and a possible jail sentence. "Legal tax avoidance, yes! Illegal tax evasion, no!" - has been our motto. If you ever needed proof of the correctness of that warning, consider the case of telecom mogul Walter Anderson. A man who apparently lived in an asset protection world of his own, Anderson set up a costly series of offshore corporations, trusts and bank accounts in an eventually failed effort to conceal income of over $450 million from 1995 to1999. Last week he pleaded guilty to evading $200 million in U.S. and D.C. taxes and faces 10 years in prison, plus payment of all those back taxes. The IRS claims this to be the largest single personal tax evasion case in their history. Anderson was linked to seven aliases and officials seized forged identification and manuals detailing ways to create fake IDs. Among them were, Poof! How to Disappear and Create a New Identity and The ID Forger: Homemade Birth Certificates and Other Documents Explained. While he worked so hard to hide his cash from the IRS he inexplicably continued to live, not offshore, but in Washington, D.C., home of the IRS. That's where the tax cops nabbed him. He's been held without bail ever since his arrest in 2004.

BOB BAUMAN, Editor

LINK: http://www.usatoday.com/money/ 

Wealth/Investments

 Twenty-nine New Ways to Play Commodities?

Only during the latter stages of a secular bull market will a record number of commodity exchange-traded-funds (ETFs) hit the market. It happened with technology and internet mutual funds and closed-end funds in the late 1990s as Wall Street went berserk with new offerings, and now it's happening with commodities. Over the last five years, over a dozen ETFs in the United States offering everything from energy stocks to gold bullion have come to market like a tidal wave amid booming demand.

But for the first time in this bull market for raw materials, one firm is about to offer a wider menu of commodity plays unlike anything currently available in the world. ETF Securities Limited in London will shortly launch 29 commodity investments called ETCs, or exchange-traded commodities. The service-provider, which already offers a gold and oil ETC, will allow investors to trade more esoteric commodities, including zinc, nickel, lean hogs and sugar.

I think it's about time that someone put together a product like this. Basic commodities, like oil and gold, are widely available through common stocks and ETFs. But the introduction of a broad-based commodity basket including hard-to-play themes like sugar, coffee and wheat, is a fantastic development. I'm still bullish on grains and agricultural commodities complex, which have been stuck in the doghouse since 2002.

ERIC ROSEMAN, Investment Director 

Privacy&Rights

 Congress Wants to Weaken State Identity Theft Laws

I'd be the last person to contend that Congress can eliminate identity theft by passing a law. But a bill introduced by Utah Sen. Bob Bennett is worse than worthless-it claims to protect consumers from identity theft yet it's actually likely to have the opposite effect by "pre-empting" stronger laws in some states.

Bennett's "data protection" bill prohibits consumers from taking a company to court for not adequately securing data or handling a data breach, and prevents state attorneys general from filing charges against companies that fail to comply with the law. Worst of all, Bennett's bill prohibits consumers from trying to prevent identity theft in the first place by placing a "credit freeze" on their credit reports.  If your report is frozen, a company considering granting you (or someone impersonating you) credit is informed that it cannot see your credit file because it is frozen. This is now permitted in more than 20 states, but the Bennett bill would outlaw this practice-perhaps the single most important tool you have to protect themselves against identity theft-throughout the U.S.

Since 2004, security to protect nearly 90 million personal records has been breached. If your state permits you to do so, protect yourself by placing a credit freeze on your credit report. Obviously, you shouldn't "freeze" your credit files if you're anticipating applying for credit. But even if you are, you can "unfreeze" your account in a matter of days. For more information on state credit freeze laws, go to http://www.pirg.org/consumer/credit/statelaws.htm.

MARK NESTMANN, Privacy Expert & President of The Nestmann Group
www.nestmann.com 

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You're Invited to Join Us...

The Permanant Wealth Protection Summit
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October 11-15, 2006
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Offshore Advantage Seminar
A Beginner's Guide to the Offshore World
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November 8-11
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