Thursday, February 28, 2013

More cries for help from UK's Jersey tax haven

From the Treasure Islands blog:
What the hell is the UK doing in its tax haven of Jersey?
This is one in an occasional series on the widespread corruption, impunity and criminality in the Septic Isle, otherwise known as the part-British tax haven of Jersey. (Try here, here or here for some earlier juice, just for example.) This isn't completely a tax haven issue, though it's an issue of political capture which is a feature of tax havenry that I've encountered in jurisdiction after jurisdiction.
Jersey Deputies Trevor and Shona Pitman have issued a press release entitled "Jersey Corruption:UK government fails constitutional obligations on 'good governance.' The preamble introducing it says:
"Our island's 'justice' system has become a tool of oppression rather than arbiter of fairness and protection for all ordinary citizens.  Complaints alleging corruption being brought to a number of politicians can now simply no longer be ignored. The reported abuses are as diverse as the members of the public bringing them to us."
Then, from the press release itself:
"Our Law Office has become the tool of choice for the clique at the apex of power to try to silence and, if necessary, drive from office or ruin those who dare challenge the established order."
I remember on my first visit to Jersey coming away telling friends that it was a cross between the English seaside town of Bournemouth and the corrupt, highly repressive west African state of Equatorial Guinea (which I visited several times in my earlier career.) I wasn't really joking.

The press release describes the illegal suspension of former Police Chief Graham Power; the former health minister Stuart Syvret "currently being silenced by a blatant misuse of the Data Protection Law within ‘top secret’ Royal Court hearings," and much, much more. Read the whole thing: it's not that long.

This corruption in Jersey is out of control, and has been for many years. And there's something else, that I've known about for a long time. The islands' only newspaper, the Jersey Evening Post, is captured by the establishment, and will not publish articles that seriously challenge the establishment fix or the tax haven industry. I should know: I've spoken to journalists on the paper who confirm this to me, but they were too afraid for their career to let me quote them, even indirectly, in any detail.

The whole of the Pitmans' shortish press release needs to be read in full: this is yet another cry for help from what is essentially an oppressed people hidden in plain sight in a pretty little English tourist destination.

Among many other things, I just don't understand why human rights organisations aren't able to take a proper look into what's going on in Jersey. It may be that they can't believe such stuff could happen somewhere so British. But it's not just human rights organisations: there something more fundamental here, as the Pitmans explain in the first paragraph of their press release:
"Two Members of Jersey’s Parliament have today called for the UK government – which has overall responsibility to ensure ‘good governance’ in the Channel Islands - to urgently investigate what they describe as the ‘spiralling evidence of the wide-spread breakdown of law within the island’s justice system.’"
And they are quite right to point to London. The UK's Ministry of Justice notes:
"The Queen is the Head of State of each Island and the Lieutenant-Governor on each Island is Her Majesty’s personal representative. The Crown is ultimately responsible for their good government, the UK for their defence and international relations."
That's clear, (as also explained in Treasure Islands.) The UK has the powers to intervene, yet it chooses not to.

What the hell is the UK doing with this vicious and corrupt little tax haven?

New Law Review Article: "A Short Treatise on Amateurism and Antitrust Law"

It is with great excitement that I share the first draft of my newest law review article, "A Short Treatise on Amateurism and Antitrust Law: Why the NCAA's 'No Pay' Rules Violate Section One of the Sherman Act."

This article is intended to serve as roadmap for challenging NCAA rules that prevent student-athlete pay.  The article is currently under review by several law journals.  Reader feedback is both encouraged and appreciated.

Mongolia kills tax treaty with Netherlands. Good.

Update via Somo in the Netherlands: see the update in the text.

We've just received an interesting email from colleagues in the Netherlands:
"Mongolia has cancelled its DTA with Netherlands due to treaty shopping and resulting loss of revenue, a new development in the whole tax treaty debate and developing country negotiation strategies. The IMF has played a positive role here, it urged Mongolia to renegotiate or introduce anti-treaty provisions. It did not however advise to cancel the treaty.

This is great timing in the Netherlands, where I assume after BEPS, with more pressure from journalists and NGOs and the EU Action Plan threatening to tackle harmful tax regimes in the EU, we will see our ministry of finance finally having to publicly admit NL is a common tax avoidance route."
The original article, in the NRC in Dutch, is here.

This is fascinating, and a welcome development, we think. And an update via Somo, noting that
this is not the only tax DTA Mongolia seems to have cancelled. The Mongolian Parliament also approved the cancellations of tax treaties with Luxembourg, Kuwait and United Arab Emirates in November last year, it seems.  See, for instance, this, from PWC, and this, from Deloitte. Argentina did a similar cancellation with Switzerland, and for similar reasons, with analysis here.

A while ago we wrote an article entitled India: don't sign with Liechtenstein which, while the cases and the countries are in each case very different, outlines some of the principles that are at play when you sign a tax treaty (as opposed to merely an information-exchange treaty) with a tax haven such as the Netherlands.

See also Mark Herkenrath's broader analysis of Switzerlands' Double Tax Agreements (DTAs) with developing countries here. A few swallows don't make a summer, but are we seeing the start of something here?

From a web translation of the new NRC article:
Mongolia at the end of last year canceled the tax treaty with the Netherlands because it claims to be the victim of multinationals that the Dutch tax laws used to evade taxes in Mongolia. It is exceptional that a country with a tax unilaterally terminates Netherlands.
. . .
The Mongolian action comes at a painful time for the Netherlands [TJN: serve those particular Dutch tax abusers right]. International is tax avoidance under the magnifying glass. The G20 (nineteen industrialized countries and the EU) announced recently with measures. Because of the favorable tax legislation for companies to lucrative flows through the Netherlands and thus provide little or no elsewhere to pay taxes.
. . .
According Parliament Speaker Zandaakhuu Enkhbold, the tax treaty that actually intended to avoid double taxation "loses the Mongolian government revenue". "The Netherlands is used as a hub for companies that evade taxes," he said in November.
. . .
In an advisory qualified IMF the tax last year as "problematic" and advised the Mongolian government to take "immediate action." 
Other countries, developing and developed, take note of Mongolia: an example that may well be -- though we admittedly aren't familiar with the full details of this case -- worth emulating.

Many UK councils expect majority to pay no council tax

First, a story from Detroit.
"Nearly half of the owners of Detroit's 305,000 properties failed to pay their tax bills last year, exacerbating a punishing cycle of declining revenues and diminished services for a city in a financial crisis, according to a Detroit News analysis of government records.

The News reviewed more than 200,000 pages of tax documents and found that 47 percent of the city's taxable parcels are delinquent on their 2011 bills. Some $246.5 million in taxes and fees went uncollected, about half of which was due Detroit and the rest to other entities, including Wayne County, Detroit Public Schools and the library.

Delinquency is so pervasive that 77 blocks had only one owner who paid taxes last year, The News found.
And now, a story from the UK's Guardian, headlined Up to 84% on low incomes will not pay council tax, local authorities believe:
"Local authorities have conceded that up to 84% of people on low incomes will refuse to pay council tax after being caught in the net by benefit changes this April, and admit there is little they can do about it.

Ministers have cut the support for means-tested council tax benefit by £500m, and told local authorities to decide where the axe should fall."
The text of the article doesn't support that 84% as a blanket figure, but it still makes horrifying reading.

We don't look kindly on non-taxpaying by anyone, but we do fight as hard as we can for a tax system that doesn't (as the U.S. and British tax systems increasingly do) unfairly shift the burden of taxation away from those most easily able to pay -- those whose tax bills (if any) will result in their buying a slightly less grandiose yacht -- onto those least able: those whose tax payments mean fewer slices of bread and butter in their childrens' stomachs.

It's truly appalling what is happening in these two countries, as in many others. Britain's leaders are at least now talking the language of tax justice, though talking with rather bifurcated tongues

We have seen words from the politicians. We now want to see action. As a sign of the government's sincerity, it should this monstrosity, for example, into the rubbish bin. Until we see such monsters being demolished, we'll keep making comments about forked tongues.

The politicians are being led by pressure from the streets - which is just how this should work in a democracy. Keep the pressure building.

Today's blogger is currently reading this book, The Great Tax Robbery by Richard Brooks. A relentlessly brilliant skewering of the entire tax philosophy underlying the tax policies of this UK government and the last. Anyone interested in tax justice in the UK has to read it.

(We will shortly be reading Over Here and Under-taxed, by TJN's own Richard Murphy, which is bound to be excellent too.)

Country by Country reporting, a big step forward

A qualified cheer for this news from the Financial Times (via Markus Meinzer):
"As well as a prized bonus cap, which would go into effect in January 2014, parliament also prevailed in requiring banks to reveal their taxes and profits on a country-by-country basis from 2015, as long as the extra transparency is not judged by the European Commission as an impediment to inward investment."
We are not happy with that qualifier at the end of that sentence - what on earth does that mean? - but still, that part in bold reflects progress, real progress.  We are delighted to report that the Avaaz petition that we blogged on Tuesday, easily beat its target of 150,000 signatures, and currently stands at 210,000-odd, and counting. Fantastic work.


 TJN's Senior Adviser Richard Murphy, the pioneer and prime prizefighter on behalf of the Country by Country (cbc) transparency concept (and see our dedicated webpage here,) speaks eloquently about it on his blog this morning. We will quote at length:
"If you did [sign the petition], thank you. Sharon Bowles MEP and Philip Lambert MEP have to be thanked for what they did on this issue. All NGO colleagues who have worked on it receive my grateful thanks. And of course I know it is not quite in the bag yet, but as the FT also note:
"Ireland will on Thursday present the draft deal to EU ambassadors, who may decide to ask ministers to approve the final terms. Michel Barnier, the EU commissioner responsible for the reforms, said it was “difficult to imagine now that we would scrap this compromise”.
A gauntlet has been thrown down. It will be very hard indeed for an EU wide measure to be deemed anti-competitive. That would be absurd. I am cautiously optimistic, not least because the momentum for change has been created.

There was opposition though:
"George Osborne, the UK chancellor who led frantic diplomatic efforts to blunt the curbs, must now decide whether to force a debate or a formal vote at a meeting of finance ministers next week."
Wasn’t it ever so? This is the man who sings the praises of country-by-country reporting for Africa and does not want it here. That is pure hypocrisy. We need it very badly in this country, in banking, and in due course for all business in whatever sector it is in.

I find it hard to believe we have made this progress. It seems a long way from here, where this journey began in 2003, but sooner now than I might have expected I think country-by-country reporting will be a reality for global business. And that is appropriate, because it is all about holding global capital to account locally, which is precisely what it does not want to be.

TJN on Fox News: What to Do with $20 trillion in Offshore Tax Havens

Update: after taking the segment down, Fox News has reinstated it.
 
James Henry, TJN Senior Adviser, on Fox Business. Gentlemanly fisticuffs, with a clear winner.

Enjoy.

Wednesday, February 27, 2013

Links Feb 27

Debt ‘vultures’ told to keep claws off Argentina Jubilee Debt Campaign
On protests in London and New York today. See also Jubilee Debt Campaign’s media briefing on Argentina’s default and vulture funds.

Corporate tax, revenues and avoidance Institute for Fiscal Studies
Hat tip: Sol Picciotto, noting that the Common Consolidated Corporate Tax Base (CCCTB) should be applied with the requirement of a worldwide Combined Report, so that it would be a weapon against tax havens and not just intra-EU transfer pricing.

Experts on Tax Information Exchange visit Costa Rica Inter-American Center of Tax Administrations

Where should tax fit into the post-2015 development settlement? Martin Hearson's blog

#inequalities2015 report launch (updated) Uncounted

The Number’s Up For European Tax Evasion iexpats

Hungary: Amnesty For Offshore Wealth Is Over - Is There Any Efficient Way To Tax It? mondaq
Some seemingly positive developments, however, possibly following the loophole-riddled Swiss Rubik deals with the UK and Germany as models.

Argentina: The state accepts companies created by dead people La Nacion (In Spanish)

How Will India Confront its Corruption Crisis? Huffington Post

Spain’s Corruption Scandals: The Crisis of the Royal Family Time

U.S.: Happy Birthday, Dear Income Tax - Five lessons for progressives from our first century of income taxes The American Prospect

How the 100-Year Old Income Tax Unleashed the Modern U.S. Economy The Atlantic
Hat tip: TaxProf. See also: How the Income Tax Created the Modern Fiscal State Bloomberg

U.S.: Jack Lew's Grotesque Citi Employment Deal and the Institutionalization of Corruption naked capitalism

Russia giant Rusal raided in tax probe BBC

Offshore law meets global challenge The Lawyer
See also: Maples regains offshore crown from Appleby The Lawyer
"Offshore managing partners are predicting further challenges ahead for the sector as well as more consolidation as firms continue to look for opportunities in new jurisdictions." The reports note a focus of new office launches in Africa and Asia.

Tuesday, February 26, 2013

Enforcing Johnny Football's Intangible Property Rights

Rick Reilly's column today, Selling Johnny Football, provides an interesting perspective on Johnny Manziel's trademark lawsuit filed in Texas against a man who was selling T-shirts that read, "Keep Calm and Johnny Football."  It was reported that Texas A&M's compliance office recently received a ruling from the NCAA that an athlete can keep earnings (a damages award) obtained in a lawsuit.  Why the NCAA thinks it must first give an athlete permission before he can sue someone for stealing his intangible property rights and keep the damages award if successful is beyond me.  Would an athlete also need the NCAA's permission to sue someone for stealing his wallet or computer?

But in any event, Reilly raises the point in his column that now that the NCAA has given its "blessing" for Manziel to enforce his legal rights against those profiting off his identity, he should go after the NCAA and Texas A&M now.   Reilly asks:  "How can the NCAA see the evil in some citizen cashing in unfairly on Manziel's name but not when it does it?  How can Texas A&M send out more than 60 cease-and-desist letters to people selling Manziel items, as it says it has, and not accept one itself?" 

More Marlins Problems: Jeffrey Loria Tries to Defend his Public Subsidy

Last Thursday marked the five year anniversary of the thirteen commissioners of Miami-Dade County approving a plan to spend $347 million in taxpayer money to build a new 37,000 seat retractable-roof ballpark for the Miami Marlins -- a decision that I have previously criticized on Sports Law Blog here.

In acknowledgement of this event, I wrote an article on Thursday for Forbes SportsMoney that posed the question of whether an empty Marlins Park will create backlash against sports stadium subsidies for other teams.

In the article, I noted the following:
The Marlins stadium deal is such an easy target because in no other case has the recipient of huge subsidies so brazenly turned around and slashed team payroll to lowest in the league.  Furthermore, the Marlins stadium agreement only required the team to pay nearly a third of the building costs, while it awarded Marlins ownership 100% of stadium-related revenues -- not exactly what sounds like an equal partnership.

On Sunday, Marlins owner Jeffrey Loria fired back -- taking out an advertisement in each of the major Miami newspapers -- defending both his ownership style and the Marlins Park deal itself.  Presumably, Loria's response was based in part based on my Thursday article in Forbes.

Among other things, Loria told the Miami-Dade community:
The ballpark issue has been repeatedly reported incorrectly and there are some very negative accusations being thrown around.  It ain't true folks.  Those who have attacked us are entitled to their own opinions, but not their own facts.  The majority of public funding came from hotel taxes, the burden of which is incurred by tourists who are visiting our city, NOT the resident taxpayers.  The Marlins organization also agreed to contribute $161.2 million toward the ballpark.
Nevertheless, Loria's letter is easy to rebut -- even based exclusively on the facts in 'his' advertisement.  For example, the fact that the ballpark was paid for with tourist taxes shouldn't matter because the tourist taxes could have just as easily been spent of public projects such as schools and hospitals, new public housing programs, or even as a way of maintaining the community's existing public works projects while lowering the community's overall tax base.

In addition, Loria's purported $161.2 million contributed toward the ballpark is not a mitigating factor because the ballpark deal allows Loria to keep all of the revenues from selling naming rights to the stadium -- a revenue stream that overnight reasonably could offset much, if not all, of the $161.2 million investment.  Moreover, even if Loria does not sell these naming rights himself, the value of this right will clearly be factored into the Marlins ultimate sale price -- further increasing the Marlins owner's return on investment.

I am not sure the purpose of Jeffrey Loria's recent advertisement, but I fully encourage continued dialogue on the topic.  While I believe his arguments with respect to the stadium are without merit, I at least commend him for keeping the conversation about sports stadium subsidies firmly in the public eye.


* * *
For a more in-depth view of the issues surrounding sports stadium subsidies, please see the following resources

Petition to end the bankers’ tax dodge -- 24 hours left!

From Avaaz, an important petition on country by country reporting:

Right now big banks are free to hide billions in international tax havens. But tomorrow the European Parliament could push through a reform that makes them pay their fair share. Germany and the UK are blocking the proposal, and Parliament needs our huge public backing to stand strong and win this landmark reform. We only have 24 hours left -- sign the petition.
Dear friends across Europe,

Big banks are hiding billions in tax havens around the world. In just 24 hours, the European Parliament can push through a reform to make them pay their fair share of tax on their already oversized profits -- but to win they need our support.

Bankers are using complex accounting tricks to avoid paying tax like the rest of us, and they're not even required to tell us where their money is. But now the European Parliament wants to shine a light onto their tax avoidance. It's a no-brainer reform that expert economists widely support -- but key governments including the UK and Germany are siding with rich bankers to kill the proposal.

Negotiations end in just 24 hours time, and allies in Parliament say that with massive public support, we can win this landmark reform to end banks' tax dodging. Sign the petition and tell everyone -- if we urgently raise 150,000 signatures from across Europe, MEPs will deliver our message right into tomorrow's crucial meeting:

http://www.avaaz.org/en/bankers_pay_your_fair_share/?bgOxrdb&v=22353

It's crazy that when governments across Europe are strapped for cash, banks are free to squirrel away their money around the world without telling anyone where it is. Using accounting tricks that serve no one but themselves, they can set up their accounts so almost all of their profits are declared in tax havens where they don't have to pay their fair share -- even when those billions are earned here in Europe.

Experts say the European Parliament's proposal is a key step in the struggle to hold tax avoiders to account -- as it would require the banks to tell us where their money is and how much tax they pay, and make tax evasion more difficult. It's called "Country by Country Reporting", and means they have to break down their accounts by each country they operate in, rather than just provide one meaningless, global number.

But despite talking tough on tax avoiders, the British and German governments are leading resistance to the Parliament's proposal. Let's deliver 150,000 signatures in the next 24 hours and empower key MEPs to end this banker outrage -- sign and spread the word:

http://www.avaaz.org/en/bankers_pay_your_fair_share/?bgOxrdb&v=22353

We know that this can work. Last year, hundreds of thousands of us successfully pushed the EU to agree measures to put criminal bankers behind bars -- with the EU Finance Commissioner crediting Avaaz with helping turn the tide. Now, let's make sure we stop banks' tax avoidance.

With hope,

Luis, Emma, Paul, Emily, Alex, Wen-Hua and the rest of the Avaaz team

SOURCES

European banks face tough disclosure rules (New Statesman)

Country-by-country reporting is making progress despite the UK (Tax Research UK)

Barclays secret tax avoidance factory that made £1bn a year profit disbanded (Guardian)

Links Feb 26

Taxation, Bank Leverage, and Financial Crises IMF
Greater tax bias is associated with significantly higher aggregate bank leverage, and that this in turn is associated with a significantly greater chance of crisis
 
Talking Ten years of Tax Justice in Brussels. Tax Research

50% Increase in Zambia's Mining Revenues EITI

The evils of tax havens Business World - Philippines
The Philippines has probably suffered more than most. See Chapter 2 in Jim Henry's The Blood Bankers.

Tax evasion, bribery and price-fixing: How Samsung became the giant that ate KoreaThe Independent

Fighting evasion: Commission launches consultations on EU Taxpayer's Code and EU Tax Identification Number Europa

EU probe into so-called revolving door practice The Parliament
Hat tip: Offshore Watch

Romanian Police dismantle EUR 2.5 million tax evasion, money laundry ring Romanian Insider

Scottish Labour to hit out at tax-dodging companies Daily Record
Let's hope the Labour party, UK-wide, can rediscover its tax mojo following the Blair era 

Diego Maradona returns to Italy for tax evasion case Daily Record

Celebrity Tax Woes The Washington Post

New moves to tax corporate offshore havens People's World

Why we must cap banker bonuses Re-Define

Monday, February 25, 2013

Watch 2013 MIT Sloan Sports Analytics Conference On-Line

With due respect to the many great sport law and sports business conferences held each year -- and there are some excellent ones -- the best one is the MIT Sloan Sports Analytics Conference (March 1-2). I'm honored to be a panelist at this year's event; this is my fifth year in a row as a panelist and each year it gets better - a credit to the conference's organizers, Daryl Morey and Jessica Gelman. I'll be on the Beyond Reason: Sports Labor Negotiations panel on Saturday March 2.

The conference is sold out, but at the following link you can register to watch many of the panels on-line. I always gain a ton of insight at this conference, which this year features as panelists Adam Silver, Michael Lewis, Mark Cuban, Stan Kaster, among many others, and has an awesome set of panels.

If you aren't attending, the webcast is a must-watch if you're interested in our industry.

Events Can Change The World



When people gather together at a live event they share ideas.  That is when the good stuff happens.

A conference, trade show, convention or other meetings are built around venues, agendas, speakers, and information.... but the real power happens in the "Hallway Conversations" that spontaneously occur between attendees.  While content matters, the content alone is not enough to create memorable experiences.

When planning a conference, sponsoring the event, or delivering a keynote speech, all of us who work in the meeting industry must remember that our work efforts can help connect people and thus we have a material impact on their life, career, company, industry or the whole world.

Does this sounds like a lot of responsibility?  It can be.  Connecting people brings with it opportunity. Many people are longing to find the right people with whom they can create their own path toward success. But we now have so much "noise" in our society, that developing real relationships seems to be getting more difficult.  The internet, social media, smart phone and other tools are creating distractions that are limiting the ability to notice those seated next to us.

Meetings are often undervalued and stereo-typically misunderstood. Too many meetings are designed so similarly that we cannot see the differences when looking at the online agendas.  We easily forget that each conference is unique because of the different mix of people who attend, not who is the keynote speaker.  Even two events in the same industry are not the same.  The value is not in the content, but instead it is those seated in the chairs. The power of meetings is in the people... and it is people who can change the world.

As you plan your next event, do not champion the celebrities or industry gurus who populate the stage. Speakers are important, as they set the tone for the whole event (a crappy speaker can suck the energy out of your conference so fast it can never recover).  But do not mistake those on stage to be the stars of your show.  The spotlight must be on the participants, and in today's highly competitive meetings business you have to discover ways to let the audience know they are the ones that matter.  Partner with the keynote and breakout speakers to empower the crowd to build upon what they hear from those presenting and take it to the next level.  

Encourage people to not let the lessons of your conference to end with the final good-byes, but to take the messages forward and have impact on the future.  It can happen!  Your conference can change the world.

Have A Great Day

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections.  http://www.conferencecatalyst.com 

www.ConferenceCatalyst.com



Links Feb 25

The uncompetitive culture of auditing's big four remains undented The Guardian
Prem Sikka comments on a report published by the UK's Competition Commission on the lack of competition in the auditing market, arguing that the problems are deep rooted and require major surgery.

Yes, taxation can be a good thing for developing countries devex
Article by TJN-Africa's Alvin Mosioma

In Europe's tax race, it's the base, not the rate, that counts Reuters
On the vote in the European Parliament for the EU to adopt the Common Consolidated Corporate Tax Base (CCCTB), and how Ireland, the Netherlands and the UK have either opposed the CCCTB or withheld support.

LinkedIn paid no federal income tax over past three years New York Post

Tax expert urges Channel Islands not to follow Isle of Man on compliance deal Jersey Evening Post

The final assault on tax havens, the OECD tries a pincer movement La Repubblica (In Italian)

Tax, Law And Development Edward Elgar Publishing
New book just released, edited by Yariv Brauner, Professor of Law, University of Florida Levin College of Law, US and Miranda Stewart, Professor of Law, University of Melbourne Law School, Australia.

Kenya: State now slaps 20 per cent tax on mining sector deals Business Daily Africa

Bermuda Relaxes Beneficial Owner Reporting Rules
 Tax-News

Gérard Depardieu registered as Russian resident amid tax row with France The Guardian

A Revolving Door in Washington With Spin, but Less Visibility Dealb%k

UK rating downgraded while Cayman Islands retains AAA
Cayman News Service

Tax evasion is threatening social morality NyTid (In Swedish)

Laundry ... pagina12 (In Spanish)

U.S. income inequality: another stunning graph

From the United States, via David Cay Johnston of Tax Notes, an article entitled Income Inequality: 1 Inch to 5 Miles.

This graph shows that, among other things, the adjusted gross income (AGI) of the bottom 90 percent of the U.S. population rose by just $59 in 2011 dollars in the 45 years between 1966 and 2011, while the AGI of the top 1 percent of the top 1 percent (ie the top 0.01 percent) rose by $18.4 million.


As they say Statesside: go figure. Johnston concludes:
"For each extra dollar of annual income going to each household in the vast majority, an extra $311,233 went to households in the top 1 percent of the top 1 percent. One inch to almost five miles.

What do you think will happen to our tax system, and to the United States, as tax policy helps extend that line to 10 miles?"
More horrifying stats in the main article.

Sunday, February 24, 2013

New Sports Illustrated Column: When spectators flee a race crash, is video of it news or copyright protected sports event?

Many spectators were hurt in yesterday's Daytona race because of a collision. A high school sophomore took a video of the crash and fans screaming and trying to get help. NASCAR wanted the video taken off YouTube, which for a while removed it but then put it back up.

Do we have a legal right to see this video? I explore in a new column for Sports Illustrated | SI.com. Here's an excerpt:
But only about 12 seconds of Anderson's 1 minute, 16 video is actually of a NASCAR race; the rest centers on the crash and fans scrambling for cover from flying debris. NASCAR's ownership over this latter part of the video is questionable, since "facts" and "news" are not subject to copyright protection and the First Amendment safeguards public access to them. The NBA knows this quite well. Back in 1997, the U.S. Court of Appeals for the Second Circuit ruled that the NBA could not claim copyright in its stats and scores, which Motorola had broadcast through a wireless paging device known as SportsTrax. The reasoning? Facts and news are not copyright protected. 

It could be argued that at about 13 seconds into Anderson's video, the race transformed from a copyright-protected NASCAR event into a not-copyright-protected news event. Fans screaming and fleeing for cover is not part of any race, but is certainly newsworthy. On the other hand, NASCAR might contend that because crashes are (unfortunately) not uncommon in NASCAR races, a crash should be considered a continuation of a copyright-protected NASCAR event. This is a difficult area of law and highlights how legal protection for "sports events" and "news events" may not always be the same.

To read the rest of the column, click here.  Here's the video:

The Economics of the Infield Fly Rule

My longer treatment of the infield fly rule, The Economics of the Infield Fly Rule, is now available on SSRN and forthcoming in Utah Law Review. The abstract is below. Comments welcome.

 No rule in all of sports has generated as much legal scholarship as baseball’s Infield Fly Rule. Interestingly, however, no one has explained or defended that rule on its own terms as an internal part of the rules and institutional structure of baseball as a game. This paper takes on that issue, explaining both why baseball should have the Infield Fly Rule and why a similar rule is not necessary or appropriate in seemingly comparable, but actually quite different, baseball situations. The answer lies in the dramatic cost-benefit disparities present in the infield fly and absent in most other baseball game situations.

The infield fly is defined by three relevant features: 1) it contains an extreme disparity of costs and benefits inherent in that play that overwhelmingly favors one team and disfavors the other team; 2) the favored team has total control over the play and the other side is powerless to stop or counter the play; and 3) the cost-benefit disparity arises because one team has intentionally failed (or declined) to do what tordinary rules and strategies expect it to do and the extreme cost-benefit disparity incentivizes that negative behavior every time the play arises. When all three features are present on a play, a unique, situation-specific limiting rule becomes necessary; such a rule restricts one team’s opportunities to create or take advantage of a dramatic cost-benefit imbalance, instead imposing a set outcome on the play, one that levels the playing field. The Infield Fly Rule is baseball’s prime example of this type of limiting rule. By contrast, no other baseball situation shares all three defining features, particularly in having a cost-benefit disparity so strongly tilted toward one side. The cost-benefit balance in these other game situations is more even; these other situations can and should be left to ordinary rules and strategies.
 

Saturday, February 23, 2013

What Is The Conference Catalyst?

Does your conference have a catalyst?



www.ConferenceCatalyst.com

Have A Great Day

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections.  http://www.conferencecatalyst.com 

www.ConferenceCatalyst.com

Friday, February 22, 2013

Links Feb 22

Summary of Secret structures, hidden crimes: Urgent steps to address hidden ownership, money laundering and tax evasion from developing countries - Spanish version Eurodad

Future of private bankers under the microscope
swissinfo
The number of traditional, family-run private bankers in Switzerland is shrinking from a Second World War rate of around 60 to just nine.

See also:
History bites back at Swiss private banking swissinfo

Political Corruption and Media Retribution in Spain and Greece The Nation

Disappearing Diamonds 100 reporters
Great report highlighting the role of shell companies in conflict diamonds.

EU banks face strict transparency rules Financial Times (Subscription required)
European banks are facing the threat of having to reveal their taxes and profits on a country-by-country basis in the latest twist to the EU negotiations over rules to make banks safer.

Why Should Taxpayers Give Big Banks $83 Billion a Year? Bloomberg

Big Companies Fear Offshore Tax Fallout
CFO.com

Seniors and Veterans to Crash ‘Fix the Debt’ Party Hosted by Honeywell CEO
The Nation

Big four accountants 'insufficiently independent and sceptical' of City The Guardian

UK new scourge of tax havens, favourite tax location for big business
FinFacts


Cayman Seeks To Quash Fund Investment Taboo Tax-News

Serbia has plans to prevent tax evasion SE Times

Technology whizz kid tackles Greek tax evasion Reuters

India: Private universities being probed for alleged tax evasion The Hindu Business Line

Tax avoidance: Legality vs morality Al Jazeera

Israeli Banks Said to Be Implicated in U.S. Tax Evasion
BloombergBusinessweek


Tackling tax havens; a fight to continue Les Echos (In French)

Christians urged to fast from tax-dodging companies during Lent Ekklesia
"Christians are being encouraged to do no business with tax-dodging corporations such as Amazon and Starbucks for the duration of Lent, as a public witness against the sins of corporate tax avoidance."

TJN's February Taxcast

http://www.tackletaxhavens.com/wp-content/uploads/2012/01/taxcast-logo-jpg.jpg

In February 2013′s Taxcast:

Transparency for French banks;
Taxing the digital economy aka how to worry Google and Amazon;
G8 leaders talk up reform of the global tax system – but will they walk the talk?
And…it is a bird? Is it a plane? No! It’s the OECD. The Taxcast takes a closer look.

Download it here

Cool Things My Friends Do - Kent Savage and Matt Hovis Launch "Icon.me"

Each Friday on this blog I enjoy highlighting some of the cool things my friends do in their work and personal lives. 


(Icon.me Co-Founders Kent Savage and Matt Hovis)

I was invited to be an early user of Icon.me (one of my friends, Laura Beck, is their PR person).  I signed up for the digital business card service and poked around the site several times, but I was not aware the value this cool Austin start-up has created until attending their "Launch Party" where I got to spend time with co-founders Kent Savage and Matt Hovis.

Icon is a cloud based platform designed for the modern professional who lives are lived online, but split up across several platforms.  It is a digital business card that allows you to easily share your information and curate your online persona. Icons are optimized to be shared with anyone, anywhere via smartphone, email or online. They provide valuable personal analytics - like who is viewing, saving and sharing your contact information and even reveal what you have in common with those you meet.

While I do not believe the paper businesscard should ever go away (they still serve a purpose), Icon seems to have found the answer to what others have been trying to solve in creating a tool that is both easy to use and provides real value to those who are looking to use technology to help as part of their networking efforts.

I see a huge use for Icon.me in the event/meeting/conference space.  Often the organizers of large conferences create a custom apps or other tools specifically for their meeting that allows attendees to share information and seek out the desired networking opportunities.  The problem is that not everyone uses these apps, and when they go home they do not revisit the connections they made in their phone.  While the folks at Icon have not yet implemented this feature, they could add a conference tab that would allow users could register when they will be present at an event, and make connections accordingly.  Since they would already use Icon in their daily lives, it would solve the problem of not being irrelevant later.

There are many tools out there being created to help people network, and most do not catch my eye as really valuable to the end user over time.  I see Icon as being something I would use and recommend.  Its cool. Plus, it is always great to see the good things coming out of Austin, Texas!

Check it out and let me know what you think.  The site still working out some of the bugs, but the concept is strong, and I can see it taking off.



Have A Great Day

thom singer


Thursday, February 21, 2013

@InsideSportsLaw

Fellow sports lawyers, the Sports Law Blog has been a leading site for delivering cutting edge commentary and insight in the field of sports law.  As this leading site celebrates its 10th Anniversary in November, with the support of our Editor-in-Chief Michael McCann, we decided it was time to expand our efforts to brand and promote the tremendous talents of our contributors.

A natural first step was to generate a Twitter handle and feed for ourselves.  Thus, today, we are happy to announce the launch of the official "The Sports Law Blog" Twitter feed -- @InsideSportsLaw.  The goal is to generate additional attention to both the information we post on our website, as well as promoting the industry's leaders in the field of sports law--our writers.

While the use of this Blog, the newly created Twitter account, and other related future efforts will evolve over time, we hope that our efforts to offer both insight and commentary on the world of sports law remain unparalleled.

LInks Feb 21

City Of London Seeks Stronger Partnership With Dubai Tax-News

The Myths of the British Tax Isles A Third Opinion

For the record, the Isle of Man is still a tax haven Tax Research UK

Silvio Berlusconi promises tax refund in mailshot The Guardian
The former prime minister's initiative, which drew accusations of foul play and even criminal wrongdoing from adversaries, appeared to be a final attempt to win over undecided voters before Italy's general election.

Tax havens let billions vanish into thin air
The Sacramento Bee
Op-ed by David Cay Johnston

Who Pays the Corporate Income Tax
The New York Times

Facebook Status Update: A $429 Million Tax Rebate, Compliments of U.S. Taxpayers Citizens for Tax Justice

See also:
Facebook’s K Street friends deliver windfall Salon
Zuckerberg's lobbyists help reduce the already-low corporate tax rate, while preserving huge loopholes.

Eyes Turn to Corporate Tax Abuse as US Senator Tackles Tax Haven Crackdown The International

Who’s Afraid of Inversion? U.S. PIRG
New Analysis: Stopping Corporations from Shifting Profits to Tax Havens Won’t Drive Companies Overseas

Amazon's tax avoidance reaches Germany TJN Germany blog

Quelle Surprise! The Administration Wants You to Believe it is Serious About Prosecuting Banks naked capitalism

Ukraine And EBRD Discuss Tax Corruption Tax-News

Governor wins legal review in Tempura secrets battle Cayman News Network
Update on the story of Operation Tempura in Cayman, a corruption case highlighting alleged misgovernance between Britain and its offshore financial centres.

Mapping G20 Decisions Implementation: How G20 is delivering on the decisions made Heinrich Boell Stiftung

Daily Fantasy Sports and the Law: The First Legal Challenge

On March 21, 2012, Illinois lawyer Chris Langone filed a lawsuit in the U.S. District Court for the Northern District of Illinois against Fan Duel and one of its purported winners, Patrick Kaiser.  The lawsuit seeks to recover the third-party losses of Fan Duel's contestants based on Illinois's version of the Statute of Anne -- a common law statute that sometimes allows third parties to recover unclaimed winnings from illegal gambling transactions.

The posture of this case resembles the 2006 case Humphrey v. Viacom, with two major differences: (1) case is brought in Illinois rather than New Jersey, and (2) the case is brought against a daily fantasy sports game rather than a traditional, full-season fantasy game.

Fan Duel has filed a motion to dismiss that argues, among other things, that its games should not fall under Illinois gambling losses recovery statute because its games involve predominantly skill.

This week, I have written several articles on this case and its implications over at Forbes.  For more on the specifics and the merits of the parties' respective arguments, please see the following three sources:

1.  Marc Edelman, Will New Lawsuit Help to Clarity the Legal Status of Daily Fantasy Sports, Forbes, Feb. 19, 2013.

2.  Marc Edelman, Did Comcast Invest in Fan Duel Too Soon, Forbes, Feb. 20, 2013.

3.  Marc Edelman, A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime, 3 Harvard Journal of Sports & Entertainment Law 1 (2011).

Wednesday, February 20, 2013

Presentation to Northwestern Sports Law Society

I will be at Northwestern University School of Law tomorrow (Thursday), presenting The Economics of the Infield Fly Rule to NU's Sports Law Society as part of Sports Law Society Week. The program runs from 12:10-1:20. Feel free to stop by if you are in Chicago.

Slate on Indian Mascots

Following up on our discussions of Indian mascots, this week's Slate Hang Up and Listen podcast includes a segment (starting at 34:10) on the controversy, featuring Dr. Ellen Staurowsky, a professor of sports management at Drexel University (Ellen also was kind enough to contribute an excellent chapter for my book on Duke lacrosse). It is a good conversation, touching on many of the issues of Indian self-concept and self-image that Alex mentions in his post.

Worth a listen.

Do You Write Letters? (Yes Handwritten Notes!)

I recently saw this TED Talk (they showed it at TEDxAustin), and I knew I had to share it.  It is by Hanah Brencher and she talks about the power of writing letters (yes, with pen and paper).



Have A Great Day

thom

A Call to Action

NCAA President Mark Emmert's leadership, and lack of accountability, surrounding his organization's investigation into the University of Miami was an embarrasment to those of us in higher education.  Thankfully, the good folks at The Huffington Post have provided me an outlet to rant.

The result is the following piece, titled "A Call to Action" where I advocate that it's time for Emmert to go; and since he's declared he won't resign, the NCAA Executive Committee needs to take action.  Feel free to lobby the members, who are listed here.

More on the significance of defining sport

The surprising and controversial announcement that wrestling is being dropped from the core Olympic programme effective with the 2020 Summer Games made me think that we may have found a reason why it matters whether something is a sport or not: Whether something is a sport (as opposed to a game or a competition) should be a tiebreaking factor when choosing between two events. In other words, when the IOC is deciding between wrestling and, say, synchronized ballroom dancing, the former wins out because it is a sport and the other is not.

Links Feb 20

India cracks down on taxation of transfers within foreign firms Reuters

Britain and the U.S. are amongst the biggest tax havens tportal (In Croatian)

Help combat tax avoidance across the world, Christian Aid urges UK Government
Christian Aid press release

Paulson Leads Funds to Bermuda Tax Dodge Aiding Billionaires Bloomberg

Tax deal targets offshore evaders in Isle of Man BBC

Country-by-Country reporting requirements are making progress despite Germany
TJN Germany Blog
Commenting on a report in the Financial Times.

Facebook getting a $429m tax refund even though it owes $559m America Blog

Malawi to lose more revenue due to illicit financial flows nyasa times

The cost of maintaining the benefits of a state like Norway actibva (In Spanish)

Tax havens: Revenue Québec collects crumbs canoe (In French)

In sports, finances and life, impulse to cheat is strong Baltimore Sun

Stop Amazon's tax dodge now - petition from independent booksellers

We bring you this petition from Change.org:

We pay our taxes and so should Amazon!

We run the Kenilworth and Warwick bookshops,  independent shops which have been a proud part of our local high streets for many years. We are proud of the personal service we provide to all those who visit our store.

But times are tough and getting tougher.

We face unrelenting pressure from huge online retailers undercutting prices, in particular Amazon and it's pushing businesses like ours to the brink.

But what’s even worse is that Amazon, despite making sales of £2.9 BILLION in the UK last year, does not pay any UK corporation tax on the profits from those sales. In my book, that is not a level playing field and leaves independent retailers like us struggling to compete just because we do the right thing.

All Amazon UK book and toy sales are routed through its Luxembourg subsidiary. So when the British public buy goods from Amazon, they are in fact paying a Luxembourg company. This means Amazon can avoid paying British corporation tax on the profits it makes. Experts say if Amazon's total UK sales profits were not funnelled to Luxembourg, it could be paying as much as £100m a year in British corporation tax.

As Independent booksellers, we are happy with competition in the market but it must be on level terms and by dodging corporation tax in this way, Amazon start with an unfair advantage.

As they grow bigger it’s inevitable that shops like ours will be under even more pressure. That’s bad for customers, bad for the high street and bad for the UK.

Amazon may be obeying the letter of the law - but they’re certainly not being fair. Last year Starbucks announced that they had caved to public pressure and would look at their tax affairs in the UK. It’s time that Amazon did the same.

We pay our taxes and so should they -- please take a stand with us and tell Amazon to pay their fair share.

Until they do, please consider purchasing from local, independent shops instead.

Sign the petition here.

Making a Killing: Oil Companies, Tax Avoidance and Subsidies


Our friends at Platform have just released an excellent report on how UK oil company profits are boosted by unnecessary subsidies and tax avoidance.  You can read the report here.

http://platformlondon.org/wp-content/uploads/2013/01/Making-a-Killing-cover.jpg 

Tuesday, February 19, 2013

More on the Redskins and Indian Mascots

The following is by my colleague Alex Pearl; Alex is an enrolled member of the Chickasaw Nation of Oklahoma and writes and teaches on Indian Law.

As mentioned here, the National Museum of the American Indian held a symposium entitled “Racist Stereotypes and Cultural Appropriation in American Sports.”  In this post I am limiting the discussion to the Redskins specifically and sports mascots generally.  I have to plug the comprehensive blog, Native Appropriations, which examines representations of Indigenous Peoples in popular culture generally, including sports.

I’ve lost count of how many times the two entrenched sides of the Indian mascots debate have made their arguments.  The arguments of the respective camps can be summarized as follows.  Pro-Indian Mascots: We are honoring you and we have a connection to the team name, if you are offended then that is political correctness run amok.  Anti-Indian Mascots: We are not being honored and your connection to the team name is ridiculous.  In the interest of full disclosure, I’m an enrolled member of the Chickasaw Nation of Oklahoma (i.e., I’m an Indian).

            At the Symposium, one participant had this to say, “[i]f Dan Snyder truly thinks the word ‘Redskins’ is anhonorific, I challenge him to attended the next meeting of the NationalCongress of American Indians and try using that word to people’s faces.  Of course, Dan Snyder (nor anyone from the Pro-Indian Mascot camp) is coming to the Symposium or any other majority-Indian meeting. Which brings me to my point that the two sides are simply talking past each other.  They maintain mutually exclusive positions regarding a disagreement about a subjective value judgment. 

            I think there are opportunities for advancing the debate in an objective way.  There is research performed by Dr. Stephanie Fryberg and others that examine the effects of American Indian mascots on “aspects of the self-concept for American Indian students.” [Of Warrior Chiefs and Indian Princesses: The Psychological Consequences of American Indian Mascots, available at http://www.indianmascots.com/fryberg__web_psychological.pdf].  Here’s the abstract findings from her jointly authored paper:

When exposed to Chief Wahoo, Chief Illinwek, Pocahontas, or other common American Indian images, American Indian students generated positive associations (Study 1, high school) but reported depressed state self-esteem (Study 2, high school), and community worth (Study 3, high school), and fewer achievement-related possible selves (Study 4, college). We suggest that American Indian mascots are harmful because they remind American Indians of the limited ways others see them and, in this way, constrain how they can see themselves.

Dr. Fryberg was not at the Symposium held at the NMAI.   While I think the symposium does some good by focusing on the cultural gulf existing between Indian and non-Indian society, I think it would be more worthwhile for there to be greater emphasis on the type of research performed by Dr. Fryberg and others.  Moving the debate beyond “This mascot doesn’t honor me” to “This mascot causes empirically demonstrable psychological harm to Indian youth” is, in my view, preferred.  As an added bonus, studies like these may provide evidentiary support for the more recently filed action, Blackhorse v. Pro-Football, Inc., seeking to cancel the trademarks affiliated with the Washington Redskins

            As Sally Jenkins pointed out in her Washington Post article, many potentially influential people have raised this issue and suggested a name change.  However, the franchise, and accompanying branding and trademarks, is simply too valuable to change.  Unless there is a significant intervening economic event, like the Blackhorsecase prevailing, substantial fines by the NFL, or boycotts by fans and ticket holders the mascot is not going to change.  All this moral weight and scientific evidence will not trump the economic bottom line.