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.
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.