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Economic crime report 2004 - Ekobrottsmyndigheten

Economic crime report 2004 - Ekobrottsmyndigheten

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whether regulations are being adhered to. In addition, certain means are<br />

available for getting at founders of spurious shelf companies by prosecuting<br />

them for violating the loan prohibition. In case no. 11007-02, the<br />

Svea Court of Appeal convicted a founder of shelf companies for violating<br />

the loan prohibition when the seller transferred the company’s claim on<br />

share capital to the purchaser. The ruling was appealed to the Supreme<br />

Court.<br />

Values and Attitudes<br />

Though fairly self-evident, it is worth pointing out that the values and<br />

attitudes of most buyers and sellers in this market accept and justify such<br />

criminal behaviour. A few purchasers may turn out to be ignorant of the<br />

applicable regulations and believe that they are acting in full accordance<br />

with the law.<br />

Impact<br />

A joint stock company becomes a tool of <strong>crime</strong>. Sometimes these spurious<br />

founders also help purchasers commit various kinds of tax <strong>crime</strong>s and<br />

other economic offences. Their activities constitute a kind of school in<br />

economic <strong>crime</strong>. The state loses major tax and fee revenues as a result.<br />

Suppliers and creditors suffer heavy losses. Meanwhile, having noticed<br />

that agencies are monitoring their activities, some founders of spurious<br />

shelf companies have started to market partnerships and limited partnerships<br />

instead of joint stock companies.<br />

Trends Over the Next Three Years<br />

Unless countermeasures are taken, spurious activities will no doubt proceed<br />

at their current level and most likely increase. More and more people<br />

will learn how to commit economic <strong>crime</strong>. The state will continue to<br />

lose major tax and fee revenues. Suppliers and creditors will suffer heavy<br />

losses. Hundreds of millions of kronor are involved every year. The indirect,<br />

long-term impact of systematic schooling in the commission of tax<br />

<strong>crime</strong>s and other economic offences is difficult to predict.<br />

15.5.2 Spurious Advisers and Tax Havens<br />

Behaviour that Constitutes a Threat<br />

Dealings through tax havens have many different purposes and contexts.<br />

The common denominator is the attempt to conceal, by forming various<br />

companies and trusts, the actual purpose of a transaction or the identities<br />

of the parties and shareholders involved. The checks that have been car-<br />

105

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