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Economic crime report 2004 - Ekobrottsmyndigheten

Economic crime report 2004 - Ekobrottsmyndigheten

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15.5 AGENTS WHO AID ECONOMIC CRIME<br />

15.5.1 Spurious Founders of Shelf Companies<br />

Behaviour that Constitutes a Threat<br />

Each year, individuals and businesses in Sweden form a large number of<br />

shelf companies that they sell for SEK 4,000-5,000 each without ensuring<br />

that the minimum share capital of SEK 100,000 is ever deposited. In<br />

most cases, the purchasers plan to use the companies to illegally obtain<br />

excess input VAT and commit various types of fraud.<br />

EBM <strong>report</strong> 2003:3 entitled Lagerbolag och Ekonomisk Brottslighet (Shelf<br />

Companies and <strong>Economic</strong> Crime) by the agency’s Spurious Founders of<br />

Shelf Companies project team reviews and describes the ploy in great<br />

detail.<br />

Scope<br />

Agencies are acquainted with the founders of spurious shelf companies<br />

who are engaged in extensive activities. Between 15 and 20 individuals<br />

manage businesses that buy and sell shelf companies in a spurious<br />

manner.<br />

The abovementioned project team has pieced together a number of chains<br />

of shelf companies forged by such people. After a short while, most of the<br />

companies declare bankruptcy and the purchasers are left with very high<br />

debts, both public and private.<br />

Approximately 17,000 joint stock companies, some 3,000 by spurious<br />

founders of shelf companies, were started annually over the past three<br />

years.<br />

Opportunity Structure<br />

Given the current demand for joint stock companies without having to<br />

deposit the SEK 100,000 share capital minimum, founders of shelf companies<br />

can make money by selling them. Most purchasers would presumably<br />

not qualify for even a short-term loan to meet the requirement at the<br />

time of transfer. In a sense, they are actually running private firms while<br />

formally managing joint stock companies with respect to creditors, suppliers<br />

and others.<br />

Monitoring and Supervision<br />

No agency has overall monitoring responsibility when it comes to the formation<br />

of shelf companies. Accountants are the only ones who ever check<br />

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