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Levin calls for record of business owners' IDs

Sen. Carl Levin on Thursday cited the book "Merchant of Death" about Russian arms trafficker Viktor Bout as Exhibit One for his case against allowing private corporations and limited liability companies to keep the names of their owners secret.

Bout was indicted last year on charges of conspiring to kill American citizens, use anti-aircraft missiles and support terrorists.


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  • Romania filed a request with the United States to obtain information about two Delaware companies believed related to Bout, Levin said. But it is unlikely the administration can supply information because individual owners of the companies are not recorded with Delaware.

    That is a problem not only with Delaware but with Nevada and other states, Levin told the Senate Committee on Homeland Security and Governmental Affairs in Washington, D.C. Those states don't require owners of corporations and limited liability companies to identify themselves when they register the business entities.

    Levin, D-Mich., and his supporters are urging Congress to require state secretaries of state to maintain files on the owners of corporations or limited liability companies registered in their states. The states could choose to only disclose that information to law enforcement agencies that obtain a court order. Also, the proposed bill would permit states to make the ownership information public, he said.

    Even though criminal enterprises could falsely identify their owners, the bill would help prosecutors prove intent to violate laws, government officials said.

    Representatives of the Treasury Department and Justice Department testified that they support Levin's bill but want some changes in it.

    Some law enforcement groups favor the legislation, because they believe it would help them prosecute criminals involved in income tax evasion, fraud and even terrorist financing.

    Sen. John Ensign, R-Nev., however, told the committee that he is concerned about how the bill would affect Nevada and legitimate small businesses.

    Ensign said the bill would increase costs of organizing a business and be "too great for many small businesses to bear."

    "I believe this will hurt many business-friendly states like my home state of Nevada," Ensign said.

    He estimated that it would cost Nevada $10 million to set up a database system to record the owners of businesses and $1 million yearly to maintain the system.

    "These are costs that the state of Nevada simply cannot afford at this time," Ensign said.

    The committee discussed ways the federal government could compensate states for the added costs of maintaining ownership records.

    The Nevada secretary of state's office has collected $74 million this year in fees for recording corporate and other business-entity documents. That money goes to the state's general fund, and the secretary of state's office fears fees from commercial recordings would plunge if incorporating in Nevada offered no advantage over other states.

    "The costs of transforming the role of secretary of state and other filing officers from administrators of a business registry to law enforcers will be enormous," Nevada Secretary of State Ross Miller said in written testimony.

    Miller listed several state measures that have made it harder for criminals to hide behind corporations registered in Nevada. Nevada, for example, requires that the companies' registered agents or principal places of business keep a list of owners.

    Several in the hearing, however, complained that criminals could elude law enforcement if their registered agents tipped them off to a criminal investigation.

    Another related problem stems from the sale of "shell companies," which have no actual operations but exist only as a legal shell, Levin said.

    One provision of the bill requires foreign companies to provide photo identifications of their owners to someone in the state where they register or keep the photo IDs at an office in the state.

    "I don't see anything wrong with that," said William Levine, owner of Nevada Corporate Filings Plus Inc.

    Levine said he keeps copies of corporate owner's driver's licenses and other identification records of clients in his files.

    Levine said he refuses to serve as the registered agent for overseas corporations that want to register in Nevada because he doesn't know whether they are legitimate businesses.

    Contact reporter John G. Edwards at jedwards@reviewjournal.com or 702-383-0420.

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    Benjamin wrote on November 07, 2009 12:24 AM: The usual justification for delving into the citizenry's private affairs always goes like this:

    If you have noting to hide, you have nothing to fear.

    Yeah, this is what the Nazis said to the jews.

    Today, you might believe America has a benign government. Tomorrow it could be a tyranny.

    Everything Hitler did in Germany was within the Law. Politicians make the laws. it's the citizenry suffers under them.

    The founding fathers knew all about tyranny. It's the reason for the Bill of Rights which the Patriotic Act has shredded.






    David Jones wrote on November 06, 2009 11:45 PM: Yet another example of the monster that is the Federal Government getting into our private lives in the name of fighting "terrorism". It's my private affairs, stay out of it.


    You Stupid Stupid People wrote on November 06, 2009 05:50 PM: It's clear that most of you have not thought this through nor any business experience nor realize this isn't a new problem!

    All this will do is give rise to a whole new industry of people allowing their identity and name to be used to register the companies as a service to people who want to remain private. As a matter of fact, this is already being done. Through contractual arrangements these people are non-active in the business operation and all this does is sets up a corporate-government privacy cat and mouse game.

    You think this will solve the problem because some idiot in D.C. tells you it will? I suppose you are also the same people who think mandated health care will make health care service cheaper and services easier to get. Am I rigth?

    Do you think that it's not a disguise for bailing out the overrun in costs associated with Medicare, Medicaid and subscription drugs? Do you think MANDATED government intervention in your personal healthcare is worth raising healthcare coverage which is already at 83% up to an estimated 95%?

    With the billions of dollars spent on computer systems, intelligence, investigations and eavesdropping you think a registry of names is going to fix the problem? Stupid, stupid people. You get the government (and the laws) you deserve.

    “There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.” - Antonin Scalia quotes

    “The means of defense against foreign danger historically have become the instruments of tyranny at home.” - James Madison

    “We must protect our citizens' privacy -- the bulwark of personal liberty, the safeguard of individual creativity.” - Bill Clinton


    MysterMr wrote on November 06, 2009 05:10 PM: If finding the source of terror financing is such a big deal, why aren't we following up on the Pakistani General who gave $100,000 to Mohammad Atta, the 9/11 hijacker?

    Oh yeah, I remember... "where the money comes from isn't important."

    And we're supposed to believe that this is to prevent terror? Just like "PATRIOT" was also put in place to "protect us" - what a bunch of B.S.

    I'm sick of these fishing expeditions of people who have done nothing wrong in order to catch a very small minority - and passing the exorbitant government cost on to the legitimate businesses. It doesn't seem that law enforcement has any trouble now getting information related to investigations. Why do they need more? Because someone MIGHT be doing something wrong.

    In Levin's introductory statement on this bill, he said that "FinCEN (the Department of Treasury's Financial Crimes Enforcement Network) identified 768 incidents of suspicious international wire transfer activity involving U.S. shell companies." So... FinCEN was able to identify ONLY 768 "suspicious" wire transfers - out of literally tens or even hundreds of millions of transactions? Yes, that sounds like a great reason to lop $1,000's of dollars a year on every single one of the millions of businesses in the country.


    DLE wrote on November 06, 2009 01:42 PM: Privacy Matters???
    If you are so worried about your real name printed upon your business, you should not ever incorporate, because you are clearly a terrorist or a criminal hiding in the shadows of deceiption!


    Ensign Can't estimate wrote on November 06, 2009 11:58 AM: Oh come on, 10,000,000 to set up a pathetically simple database and a million a year to run it?

    Maybe if you have to pay out $100,000's for boffing your aides wives it might cost that much.

    In the real world, the number is vastly lower.

    This man is truly an idiot.


    Privacy Matters wrote on November 06, 2009 11:43 AM: I'm not a terrorist or a criminal, but I do value my privacy. Attaching my name to each commercial enterprise I may be getting into tips off competitors and the legions of haters and thieves who wish to prey on those they know to be successful. If a company is operating legitimately, and complying with all of the mountains of other legislation and regulation involved, I don't see why ownership information is anyone else's business. Long before I lived here, I incorporated all of my business interests in Nevada to maintain some degree of privacy. Enough is enough.


    MIKE VEGAS wrote on November 06, 2009 11:12 AM: I DON'T LIKE THE WAY THIS LEGISLATION SOUNDS AT ALL, BUT IF THAT LYING CHRISTIAN OF A CHEATER ENSIGN IS AGAINST IT, IT MAKES ME WANT TO KNOW WHY? IT PROBABLY ISN'T GOOD FOR MOMMY OR DADDY AND WOULD HURT HIM IF HE NEEDS ANY OTHER BILLS PAID BY THEM. THE STATE COULD PROBABLY AFFORD MORE IF OUR SENATOR COULD PAY ATTENTION TO HIS JOB AND NOT WORRY SO MUCH ABOUT GETTING HIS PANTS DOWN AROUND HIS ANKLES. HE'S THE MOST HYPOCRITICAL SOB I'VE EVER SEEN AND HE HAS LOST ALL CREDIBILITY WITH ME. THAT BEING SAID, AS FAR AS PEOPLE ELUDING LAW ENFORCEMENT, THAT HAS TO BE A JOKE. THEY ALWAYS SHOW UP A DAY LATE AND A DOLLAR SHORT.


    vc wrote on November 06, 2009 11:00 AM: Its absurd that the owners of a business do not have to be on record. I cannot believe our stupid senator from Nevada is opening his big fat lying mouth in oposition of this.


    Too_many_busybodies wrote on November 06, 2009 10:20 AM: Here we go again. The colossal federal government tail wagging the big state government dog. If this thing ever passes, Miller should just ignore it. If the feds threaten our highway funds, the governor should retaliate by imposing a blockade on the IRS building downtown.

    No doubt our political hack AG (Cortez-Masto) would lobby our legislature to comply with federal regulations. Like she did with RealID, and mental health records of prospective gun owners.


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