CHAPTER 13
MONEY LAUNDERING 101
The private banking firm of Union Bancaire Privée occupied a gleaming black-glass office building that rose up ten stories from the Frog-infested marrow of Geneva. It was located on rue du Rhône, which, I assumed, translated into Rhone Street. It was in the very heart of Geneva’s overpriced shopping district, merely a stone’s throw away from my favorite geyser.
Unlike a U.S. bank, where you walk through the entryway and find smiling tellers hiding behind bulletproof glass, inside this particular lobby there was only a single young lady surrounded by about forty tons of gray Italian marble. She sat behind a solid mahogany desk that was large enough to land my helicopter on. She wore a light-gray pantsuit, a high-necked white blouse, and a blank expression. Her hair was blond and had been pulled back into a tight bun. Her skin was flawless, not a wrinkle or a blemish on it. Another Swiss robot, I thought.
As Danny and I walked to the desk, she eyed us suspiciously. She knew, didn’t she! Of course she did. It was written all over our faces. Young American criminals looking to launder their ill-gotten gains! Drug dealers who made their money selling to schoolchildren!
I took a deep breath and resisted the urge to explain to her that we were just plain old stock swindlers, who were only addicted to drugs. We didn’t actually sell them, for Chrissake!
But thankfully she chose to keep her opinion to herself and not address the exact nature of our crime. All she said was, “Might I help you?”
Might? Jesus H. Christ! More wishes! “Yes, I’m here for a meeting with Jean Jacques Saurel?*2 My name is Jordan Belfort?” Why the fuck was I phrasing everything as a question? These Swiss bastards were rubbing off on me.
I waited for the female android to answer me, but she didn’t. She just kept staring at me…and then at Danny…eyeing the two of us up and down. Then, as if to reinforce how poorly I’d pronounced Mr. Saurel’s name, she replied, “Ah—you mean Monsieur Jean Jacques Saurel!” How beautiful she made his name sound! “Yes, Mr. Belfort, they would all be waiting for you on the fifth floor.” She motioned to the elevator.
Danny and I ascended in a mahogany-paneled elevator that was operated by a young man dressed like a nineteenth-century Swiss army marshal. I said to Danny in hushed tones, “Remember what I told you. No matter how this goes down, we leave the table saying we’re not interested. Okay?”
Danny nodded.
We exited the elevator and walked down a long mahogany-paneled hallway that reeked of wealth. It was so quiet I felt like I was inside a casket, but I fought the urge to draw any conclusions about that particular thought. Instead, I took a deep breath and kept heading toward the tall, slender figure at the end of the hallway.
“Ahhh, Mr. Belfort! Mr. Porush! Good morning to both of you!” said Jean Jacques Saurel in warm tones. We exchanged handshakes. Then he fixed me with a wry smile and added, “I trust that your stay has improved since that nasty business at the airport. You must tell me over coffee about your adventure with the stewardess!”
He winked at me.
What a guy! I thought. He wasn’t your typical Swiss Frog, that was for sure. He was definitely a piece of Eurotrash, but, still, he was so…suave that there was no way he could be Swiss. He had olive skin and dark brown hair, which he wore slicked back tight, like a true Wall Streeter. His face was long and thin, as were his features, but everything fit together nicely. He wore an immaculate navy worsted suit with chalk-gray pinstripes, a white dress shirt with French cuffs, and a blue silk necktie that looked expensive. His clothes hung on his frame oh so sweetly, in a way that only those European bastards could pull off.
We had a brief conversation in the hallway, during which I found out that Jean Jacques wasn’t actually Swiss but French, on loan from the bank’s Paris branch. That made sense. Then he impressed the hell out of me by stating that he was uncomfortable having Gary Kaminsky attend this meeting but since it was he, Gary, who had made the introduction, it was unavoidable. He suggested that we take things only so far and then meet personally either later today or tomorrow. I told him that I was already planning to end the meeting on a negative note for that very same reason. He pursed his lips and nodded approvingly, as if to say, “Not bad!” I didn’t even bother looking at Danny. I knew he was impressed.
Jean Jacques escorted us into a conference room that looked more like a men’s smoking club than anything else. There were six Swiss Frogs sitting around a long glass conference table, each dressed in traditional business attire. Each of them was holding a lit cigarette or had one burning in an ashtray in front of them. From top to bottom the room was filled with a giant cloud of smoke.
And then there was Kaminsky. He was sitting amid the Frogs with that awful toupee lying on his skull like a dead animal. On his fat round face was a shit-eating grin that made me want to smack him. For a brief instant I considered asking him to leave the room, but I decided against it. Better he should witness the meeting and hear with his own ears that I had decided against doing business in Switzerland.
After a few minutes of small talk, I said, “I’m curious about your bank secrecy laws. I’ve heard many conflicting things from attorneys back in the United States. Under what circumstances would you cooperate with the U.S. government?”
Kaminsky replied, “That’s the best part of doing business in—”
I cut him off. “Gary, if I was interested in your opinion on this matter I would’ve fuckin—” I stopped myself, realizing that these Swiss robots probably wouldn’t appreciate my usual fuck-speak. Then I humbly said, “Excuse me, everyone—I would’ve asked you for it when we were back in New York, Gary.”
The Frogs smiled and nodded their heads. The unspoken message was: “Yes, this Kaminsky is as great a fool as he looks.” But now my mind was racing ahead. Obviously, Kaminsky was going to get some sort of finder’s fee if I decided to do business with the bank. Why else would he be so anxious to mollify my concerns? Originally I had thought that Kaminsky was just another schnook who liked to show how much he knew about an obscure topic. Wall Street was full of those sorts of people. Dilettantes, they were called. But now I was convinced that Kaminsky’s motivation was financial. If I were to actually open an account at the bank, he would be alerted through the receipt of his finder’s fee. That was a problem.
As if he were reading my mind, Jean Jacques said, “Mr. Kaminsky has always been quick to offer his opinion on matters such as these. I find that rather odd, considering he has nothing to gain or lose on your decision. He has already been paid a small finder’s fee just for bringing you here. Whether or not you choose to do business with Union Banc does not bear on Mr. Kaminsky’s pocketbook one way or the other.”
I nodded in understanding. I found it interesting that Saurel didn’t speak in wishes. He had a complete command of the English language, idioms and all.
Saurel plowed on: “But to answer your question, the only way the Swiss government would cooperate with the U.S. government would be if the alleged crime was also a crime in Switzerland. For example, in Switzerland, there is no law regarding tax evasion. So if we were to receive a request from the United States government regarding such a matter, we would not cooperate with them.”
“Mr. Saurel is entirely correct,” said the bank’s vice president, a thin little Frog with spectacles, who went by the name of Pierre something or other. “We have no great affection for your government. You would please not take offense at this. But the fact remains that we would cooperate only if the alleged crime is a penal offense, or, as you would say it, a felony.”
Then a second Pierre chimed in, although this one was younger and was bald as a cue ball. He said, “You would find that the Swiss penal code is far more liberal than that of your own country. Many of your felonies are not considered felonies in Switzerland.”
Christ almighty! The word felony was enough to send a shiver down my spine. In fact, it was already obvious that there were huge problems with my preconceived notion of using Switzerland as a rathole…unless, of course…well…could ratholes be legal in Switzerland? I ran the possibility through my mind. No, I strongly doubted it, but I would have to inquire about it when I met with Saurel in private. I smiled and said, “Well, I’m really not concerned about that sort of thing, because I have absolutely no intention of breaking any U.S. laws.” That was a bold-faced lie. But I loved the way it sounded. Who cared that it was a boatload of crap? For some inexplicable reason it still made me feel more at ease about being in Switzerland. I soldiered on: “And when I say that, I speak for Danny as well. You see, our sole reason for wanting to have money in Switzerland is for asset protection. My primary concern is that in my line of work there exists a great likelihood of getting sued—wrongfully, I might add. But either way what I’d like to know—or, to put it more bluntly, what’s most important to me—is that under no circumstances will you turn any of my money over to a U.S. citizen or, for that matter, any person on the planet who happens to get a civil judgment against me.”
Saurel smiled. “Not only would we never do that,” he mused, “but we don’t even recognize anything that is—as you say—civil. Even if we were to get a subpoena from your Securities and Exchange Commission—which is a civil regulatory body—we would not cooperate with them under any circumstances.” Then, as an afterthought, he added, “And that would be even if the alleged offense is a felony under Swiss law.” He nodded to drive his point home. “Even then we would still not cooperate!” He smiled a conspirator’s smile.
I nodded approvingly and then looked around the room. Everyone seemed to be pleased with the way things were going, everyone except me. I couldn’t have been more turned off. Saurel’s last comment had struck a nerve with me, sending my brain into overdrive. The simple fact was that if the Swiss government refused to cooperate with an SEC investigation, then the SEC would have no choice but to refer their request over to the U.S. Attorney’s office for a criminal investigation. Talk about being the agent of your own demise!
I began playing out possible scenarios in my mind. Ninety percent of all SEC cases were settled at the civil level. It was only when the SEC felt something overly egregious was going on that they referred the case to the FBI for criminal investigation. But if the SEC couldn’t run their investigation—if they were stonewalled by the Swiss—how could they decide what was egregious and what was not? In truth, much of what I was doing wasn’t all that terrible, was it?
I took a deep breath and said, “Well, it all sounds reasonable to me, but I wonder how the U.S. government would even know where to look—meaning how would they know which Swiss bank to send a subpoena to? None of the accounts have names; they’re just numbered. So unless someone tipped them off”—I resisted the urge to look at Kaminsky—“as to where you were keeping your money, or unless you were careless enough to leave a paper trail of some sort, then how would they even know where to start? Do they have to guess your account number? There must be a thousand banks in Switzerland, and each one of them probably has a hundred thousand accounts. That’s millions of accounts, all with different account numbers. It would be like finding a needle in a haystack. It would be impossible.” I looked directly into Saurel’s dark eyes.
After a few moments of silence, Saurel replied, “That is another excellent question. But to answer, I would ask you to oblige me the opportunity to give you a small lesson in Swiss banking history.”
This was getting good. The importance of understanding the implications of the past was exactly what Al Abrams had drilled into my head during all those early-morning breakfast meetings. I nodded and said, “Please do. I’m actually fascinated with history, especially when it pertains to a situation like this, where I’m contemplating doing business in unfamiliar territory.”
Saurel smiled and said, “The whole notion of numbered accounts is somewhat misleading. While it’s true that all Swiss banks offer our clients this option—as a means of maintaining their privacy—each account is tied to a name, which is kept on record at the bank.”
With that statement my heart sank. Saurel continued, “Many years ago, before World War Two, that was not the case. You see, back then it was standard practice among Swiss bankers to open an account without a name being attached to it. Everything was based on personal relationships and a handshake. Many of these accounts were held in the names of corporations. But unlike corporations in the United States, these were bearer corporations, which, again, had no name attached to them. In other words, whoever was the actual bearer of the corporation’s physical stock certificates would be deemed the rightful owner.
“But then came Adolf Hitler and the despicable Nazis. This is a very sad chapter in our history and one that we are not particularly proud of. We did our best to help as many of our Jewish clients as we possibly could, but in the end I would say that we did not help enough. As you know, Mr. Belfort, I am French, but I think I speak for every man in this room when I say that we wish we had done more.” With that, he paused and nodded his head solemnly.
Every man in the room, including the court jester himself, Kaminsky, a Jew in his own right, nodded in sympathy. I assumed that everyone knew that Danny and I were both Jewish, and I couldn’t help but wonder if Saurel had said these things for our benefit. Or had he really meant what he’d said? Either way, before he began speaking I had already gone ten steps ahead and knew exactly where he was going next. The simple fact was that before Hitler was able to sweep through Europe and round up six million Jews and exterminate them in the gas chambers, many were able to move their money into Switzerland. They had seen the handwriting on the wall back in the early thirties, when the Nazis were first coming to power. But smuggling out their money had proved to be much easier than smuggling out themselves. Virtually every country in Europe, with the exception of Denmark, denied millions of desperate Jews safe haven within their borders. Most of these countries had cut secret deals with Hitler, agreeing to turn over their Jewish populations if Hitler agreed not to attack. These were agreements that Hitler quickly reneged on, once he had all the Jews safely tucked away in concentration camps. And as country after country fell to the Nazis, the Jews ran out of places to hide. How very ironic it was that Switzerland had been so quick to accept Jewish money yet so reluctant to accept Jewish souls.
After the Nazis were finally defeated, many of the surviving children had come to Switzerland in search of their family’s secret bank accounts. But they had no way to prove that they had any rights to them. After all, there were no names tied to the accounts, only numbers. Unless the surviving children knew exactly in which bank their parents had kept their money and precisely which banker they had been doing business with, there was no possible way for them to lay claim to the money. To this very day, billions upon billions of dollars were still unaccounted for.
And then my mind wandered to a darker side. How many of these Swiss bastards had known exactly who the surviving children were but chose not to seek them out? Even worse—how many Jewish children whose entire families had been wiped out had shown up at the correct Swiss bank, and had spoken to the correct Swiss banker, only to be lied to? God! What a fucking tragedy! Only the most noble of the Swiss bankers would have had the integrity to make sure that the rightful heirs received what had been left for them. And in Zurich—which was full of fucking Krauts—you would be hard-pressed to find many Jew-lovers. Perhaps in French Geneva things had been a bit better, but only a bit. Human nature was human nature. And all that Jewish money had been lost forever, absorbed into the very Swiss banking system itself, enriching this tiny country beyond imagination, which probably accounted for the lack of beggars on the streets.
“…and so you see why,” said Saurel, “it is now required that every account opened in Switzerland has a beneficial owner attached to it. There is no exception.”
I looked over at Danny. He nodded imperceptibly. But the unspoken message was: “This is a fucking nightmare.”
On the ride back to the hotel, Danny and I hardly exchanged a word. I stared out the window and saw nothing but the ghosts of a few million dead Jews, still searching for their money. By now the back of my leg was literally on fire. Christ! If only I wasn’t in such terrible chronic pain I could probably beat my drug habit. I was feeling sharp as a tack. It had been more than twenty-four hours since I’d taken any pill, and my mind was so acute I felt like I could work through any problem, no matter how insurmountable it might seem. But how could I work around Swiss banking laws? The law was the law, and having watched Al Abrams go down had only served to reinforce that age-old cliché of how ignorance of the law is no excuse for breaking it. The simple fact was that if I were to open an account with Union Bancaire, I would have to give them a copy of my passport, which would then be kept on file at the bank. And if the U.S. Department of Justice issued a criminal subpoena related to stock fraud—which, of course, was also a crime in Switzerland—then my goose would be cooked. Even if the feds didn’t know which account was mine or, for that matter, which bank I was doing business with, it still wouldn’t slow them down. Their subpoena would go directly to the Swiss Department of Justice, which would then send out a blanket request to every Swiss bank in the country, demanding that they turn over all records for any accounts belonging to the individual referenced in the subpoena.
And that would be that.
Christ—I would be better off sticking with my own ratholes in the United States. At least if they were ever subpoenaed they could simply lie under oath! It wasn’t a pleasant thought, but at least there was no paper trail.
Wait a second! Who said that I had to give the bank my passport? What was to stop me from having one of my ratholes come to Switzerland and open an account with their passport? What were the chances that the FBI would hit upon the name of my U.S. rathole within my Swiss rathole? It was a rathole within a rathole! A double layer of protection! If the United States issued a subpoena for records relating to Jordan Belfort, the Swiss Department of Justice would send out their request and come up with nothing!
And now that I thought about it, why would I even want to use one of my current ratholes? In the past I had chosen my ratholes based not only on their trustworthiness but also on their ability to generate large amounts of cash in ways that wouldn’t alert the IRS. That was a difficult combination to find. My primary rathole was Elliot Lavigne—who was rapidly turning into a nightmare on Elm Street. Not only was he my primary rathole but he was also the man responsible for introducing me to Quaaludes. He was the President of Perry Ellis, one of America’s largest clothing manufacturers. But this exalted position of his was slightly misleading. In point of fact, he was ten times crazier than Danny. Yes, as impossible as it might seem, next to him, Danny was a choirboy.
Besides being a compulsive gambler and a drug addict of the highest order, Elliot was also a sex fiend and a compulsive marital cheat. He was stealing millions of dollars a year from Perry Ellis—having secret deals with his overseas factories, which were overcharging Perry Ellis an extra dollar or two per garment and then kicking back that cash to Elliot. The numbers were in the millions. When I made Elliot money in new issues, he would then settle up with me using the very cash he had received from his overseas factories. It was a perfect exchange; no paper trail to be found anywhere. But Elliot was starting to go bad on me. His gambling and drug habits were getting the best of him. He was falling behind on his payments to me. As of now he owed me almost $2 million in back profits from having ratholed new issues for me. But if I were to cut him off completely, I would lose that money for sure. So I was in the process of slowly phasing him out, continuing to make him money in new issues while he paid down his debt.
In spite of that, Elliot had served his purpose well. He had kicked me back more than $5 million in cash, which was now safely tucked away in safe-deposit boxes in the United States. Just how I was going to get all that money over to Switzerland, I still wasn’t so sure—although I had some ideas. I would discuss that matter with Saurel when we met in a few hours. Anyway, I had always assumed that replacing Elliot with another rathole who could generate that much cash without leaving a paper trail was going to be a problem. But now, having Switzerland as my primary rathole layer, the issue of generating “clean” cash would no longer be a concern. I would simply keep the money in my Swiss account and let it collect interest. The only issue I hadn’t been able to address at today’s meeting was how I was supposed to go about using all the money I would be keeping in my Swiss account. How was I supposed to spend any of it? How would I be able to funnel the post-laundered money back into the United States to make investments? There were still many questions to be answered.
But the most important thing was that by using Switzerland, I could now choose my ratholes based solely on trustworthiness. This opened up a much larger universe of prospective ratholes, and my mind quickly turned to my wife’s family. None of them were U.S. citizens; they all lived in Great Britain—outside the prying eyes of the FBI. In fact, there was a little-known exemption in the federal securities laws that allowed non-U.S. citizens to invest in public companies under much more favorable terms than U.S. citizens. It was called Regulation S, and it allowed foreigners to buy private stock in public companies, while avoiding the two-year holding period required under Rule 144. Instead, under Regulation S, a foreigner had to hold their stock for only forty days. It was a ridiculous law, giving foreigners an incredible advantage over U.S. investors. In consequence—like most regulatory brain farts—it had resulted in a massive wave of abuse, as savvy U.S. investors struck up under-the-table deals with foreigners and illegally used Regulation S to make private investments in public companies, without having to wait two full years to sell their stock (under Rule 144). I had been approached numerous times by foreigners who, for a modest fee, had offered to act as my nominee—allowing me to use their non-U.S. citizenship to do Regulation S business. But I had always declined. Al Abrams’s warning was in the back of my mind, always. And, besides, how on earth was I supposed to trust some foreigner with something so inherently illegal? After all, using a foreign nominee to do a Regulation S stock purchase was a serious criminal offense, one that was sure to tweak the interest of the FBI. So I had always shied away from it.
But now, with a double-layered rathole…with my wife’s relatives as the secondary layer of protection…well, all of a sudden it didn’t seem all that risky!
And then my mind zeroed in on my wife’s aunt Patricia—no, my aunt Patricia. Yes, she had become my aunt too! The first time Aunt Patricia and I met, we both knew we were kindred spirits. How ironic that was—considering what she had seen the first time she laid eyes on me. It was two years ago, in the Dorchester Hotel in London, and she had walked in on me right in the middle of a Quaalude overdose. In fact, I was in the middle of drowning in a toilet bowl when she entered the hotel room. But rather than judging me, she talked me through it and stayed up with me all night, holding my head over that very toilet as my body spewed out the poison I’d put into it. Then she ran her fingers through my hair, like my mother did when I was a child, as wave after wave of anxiety hit me from all the coke I had snorted. I had been unable to keep down any Xanax to offset the anxiety from the coke. In consequence, I was crawling out of my own skin. The next day we had lunch together, and, without making me feel the least bit guilty over what she had seen, she somehow convinced me to stop using drugs. I had actually stayed sober for two straight weeks. I was vacationing in England with Nadine, and the two of us had never gotten along better. I was so happy that I had even thought of moving to England, to make Aunt Patricia a part of my life. But deep down I knew it was just a fantasy. My life was in the United States; Stratton was in the United States; my power was in the United States; which meant I had to be in the Unites States. And when I finally arrived back in the United States, under the kind influence of Danny Porush and Elliot Lavigne and the rest of my merry band of brokers, my drug habit came roaring back. And with my back pain fueling the fire, it roared back stronger than ever.
Aunt Patricia was sixty-five, divorced, a retired schoolteacher, and a closet anarchist. She would be perfect. She had contempt for all things governmental and could be trusted without question. If I asked her to do this for me, she would smile her warmest smile and be on a plane the next day. Besides, Aunt Patricia had no money. Each time I saw her I would offer her more than she could possibly spend in a year. And each time she refused. She was too proud. But now I could explain to her that since she was doing a service for me, she had more than earned her keep. I would let her spend whatever she wanted. In point of fact, I would transform her life from rags to riches. What a wonderful thought that was! And, besides, she would hardly spend anything! She was a woman who had grown up amid the rubble of World War II and was currently living on a tiny pension from her schoolteaching days. She wouldn’t know how to burn through any serious cash—even if she wanted to! Most of what she would spend would be used to spoil her two grandchildren. And that was just fine! In fact, the mere thought of it warmed my heart.
If the U.S. government ever came knocking on Patricia’s door, she would tell them to stick it up their Yankee asses! With that thought I started laughing out loud.
“What are you so happy about?” muttered Danny. “That whole meeting was a waste of time! And I don’t even have any Quaaludes to drown my sorrow in. So, tell me, what’s on that twisted mind of yours?”
I smiled. “I’m meeting with Saurel in a few hours. I have a few more questions for him, but I’m pretty sure I already know the answers. Anyway, what I want you to do is call Janet as soon as we get back to the hotel and tell her to have a Learjet waiting for us at the airport first thing in the morning. And tell her to book the Presidential Suite at the Dorchester. We’re going to London, buddy. We’re going to London.”