Current Shamrock Missive

From the Publisher's Desk
November 2013

Death Of The Sucker Punch!

"They're trying to end offshore banking for Americans with something called 'FATCA' the Foreign Account Tax Compliance Act. That act puts a lot of transparency responsibilities onto any foreign financial firm with American account holders. No wonder offshore financial institutions want less than nothing to do with Americans. You can see I'm not a fan of FATCA."
- Dr. Walter Belford, offshore expatriate guru

In today's world protecting one's arse and assets is no easy task, especially taking into account what the full effect of FATCA will
be when it hits full tilt in 2014. Anyone with assets in excess of US$50,000 or the equivalent, especially if you are an American
and/or are resident within the USA, should seriously consider the
following ASSET PROTECTION information.

A.P.O.T. - Death Of The Sucker Punch

In today's "sue first and ask questions after-wards" society, everyone is under threat of having their assets wiped out for any reason whatsoever. The good news is, a new nailed down, buttoned up Asset Protection Trust has been designed to give you high caliber, low cost ($999) asset protection. It's called the Asset Protection Offshore Trust (A.P.O.T. ). Not only does it help to make you financially bullet proof, but it also places your funds into a healthy environment in which they can grow.

The first question one is likely to ask, when faced with this tempting proposition is, "What's the catch? How can an offshore asset protection trust cost just $999? That's less than $2.75 a day or the cost for a snack at your favorite fast food outlet."

PT Shamrock and their merry men have been around long enough to know that before you give the nod to anything, you've got to turn it belly up and examine the intimate details. Naturally you have to do this with a basic knowledge of trusts and the environment in which they are sold.

The only reason you might think that the $999 price tag for such an agreement is ridiculously low is if you are unaware that many professionals who provide trusts link costs to the opportunity of the moment, and not to the basic item which is in fact a simple agreement that, once activated, generates a sequence of events that are designed to give you certain levels of financial immunity from the many parties who would like to separate your ass from your assets.

A trust agreement is simply a document drawn up (usually) by a lawyer. An asset protection trust is a way of insulating assets from claims of creditors, governments, or lawsuit plaintiffs.

In the widely publicized 1996 case of O.J. Simpson, although a losing defendant in a lawsuit, he still got to keep $25,000 a month in spending money. Despite the fact that he lost all assets held in his own name, he was able to keep all income from money he had placed in trust years before the lawsuits were filed.

Simple Simon Creating a trust is simplicity itself. A lawyer usually goes to a "form book" or these days, to a computer service. His secretary types in the name of his client and indicates the type of trust document desired. The resulting "hard copy" is printed out. This trust agreement form costs the lawyer little or nothing; maybe $10. Which is indication enough that his charges are based, not on real costs, but on the wealth of the client and the assets involved. That is, he is doing what most lawyers do, charges his clients for whatever the traffic will bear.

During the period between 1980 to 2012, thousands of wealthy people, on average, spent US$50,000 each on lawyer's fees to accomplish the same results that you can have by taking out a $999 A.P.O.T.. Why is there such a vast price difference, or should we call it an apparent discrepancy? In most cases its a matter of perspective and where your head is.

If you're well heeled, and used to making requests and simply footing the bill, then you are not going to bother to investigate the ins and outs of what you are buying.

Easy come easy go, as it were. If a lawyer has put on the required "this is a big deal" show and bills for $50,000 the average wealthy dude is not inclined to shop around and discover that he is being delivered a gold plated sucker punch.

On the other hand if you look for answers, soon enough you will find them. Which explains why people who are generally hands-off, and therefore easy targets, will pay $10 for a certain brand of Aspirin, when the identical product, turned out by the same manufacturer, can be purchased, possibly with a little effort and inconvenience, and the right contact, for $1.

In the case of the A.P.O.T., the effort and inconvenience are marginal, and your contact is PT Shamrock who is an authorized facilitator of this "no bullshit" agreement.

Rolling With The Punches A trust involves at least one person and at least some property or assets. Let's say you have to deal with your irresponsible fourteen year old kid, who even has trouble managing his lunch money.

As a consequence you decide that since your fourteen year old is going to squander any money placed under his control, you will place a million dollar gift to the kid in trust. You open a bank account styled, "Dad" In Trust For Irresponsible Kid." You then hand the kid a piece of paper that says you (Dad) will invest and manage the trust assets, collect the interest and gains, pay the kid's school fees, and also give him a weekly allowance for the next 21 years.

When the kid reaches maturity at a certain age, say 35, Dad, the trustee, will turn everything in the trust over to him. Until he, the kid, reaches the specified age of maturity, he is powerless to touch the principal, which is why this kind of trust is often referred to as a spendthrift trust.

For the next 21 years the money is also protected against any creditors who would like to deprive the kid of his rightful finances to be, which would also include Dad's creditors. A trust agreement in fact can make provisions for all kinds of eventualities. For instance, if Dad dies before the kid reaches 35, a successor trustee (a lawyer, a bank, or the kid's Mom) is appointed to take Dad's place as trustee.

Bullet Proofing Due to the proliferation of lawsuits, government confiscation's, and new laws enacted to "protect us" from ourselves, many if not all wealthy people, especially in the United States, have set up Asset Protection Trusts. By having title to assets like stock or real property held by foreign corporations or trustees, these assets can be hidden and protected from creditors. At the same time ownership benefits (like income) can still be enjoyed as before.

Unshackled American citizens are forbidden by law from investing their money in at least 99% of the opportunities of the world. Before most securities can be purchased by a US citizen, they must be "approved" by the Securities and Exchange Commission. Gaining such approval is an expensive bureaucratic procedure. It's much like winning an okay from the Food and Drug Administration for a life-saving new drug. Most companies never bother. As a result, most of the world's best performing mutual funds can't be legally sold in the USA or to US citizens.

The way out of this dilemma is a comparatively simple one, which entails establishing an offshore trust to hold these forbidden investments. From this point of advantage you can often do considerably better than you can with the very limited, legally approved deals for US citizens. Succinctly put, with an A.P.O.T. you
have the right to choose.

Invisibility If you are in dispute with a Federal Regulatory Agency, it is very easy for a low grade bureaucrat to press a button on his PC. He enters your social security number, and is able to quickly identify your bank accounts, securities, and real estate. Another few buttons are pressed ... just like that your property is "frozen," and your bank and brokerage accounts are transferred to the government.

With your assets held abroad in an A.P.O.T., it is not possible for a creditor to locate them with any precision. In fact it is virtually impossible to confiscate trust assets. Why? The lawyers of bureaucrats and plaintiffs don't like difficult investigations and long, drawn out court procedures. Especially if lawsuits must be filed and pursued abroad. As a result, in most foreign jurisdictions (unless the local governments are collaborating), not even Big Brother can get at your assets.

While Americans cannot expect any protection in Canada or vice-versa, co-operation in seizing the assets of Americans in most countries only comes into play when the issue is involved with serious crime, such as drug dealers, child porno rings, or bank robbers.

Conversely, with an A.P.O.T. it becomes possible for you to personally access your funds, instantly, in cash, twenty-four hours a day, anywhere in the world.

It is also likely that if your A.P.O.T. assets are earning excellent returns, you won't simply pull funds out for consumer spending. It is more likely that when you need cash you will borrow against these offshore assets. In view of this probability a credit line can be arranged in advance.

Shark Repellent It is well known that ambulance-chasing lawyers are constantly sniffing out potential defendants by identifying high net worth individuals. By keeping some of your assets in an A.P.O.T. you can lower your visible level of wealth. This makes you a far less attractive victim.

Before a contingent fee lawyer will file suit, he always gets a full report on his target's assets. Since funds and properties held in an A.P.O.T. are invisible (or at least less discoverable) much litigation can be avoided or favorably settled.

The same reasoning, reducing your visible net worth, goes for repelling other blood sucking pests and predators who seek an unwarranted share of your wealth. The list includes burglars, kidnappers, extortionists, ex-spouses, tax-collectors, disgruntled business associates, crooked cops, insurance sales people, and bent
bureaucrats seeking bribes.

A nasty divorce can be financially as well as mentality debilitating.

The less well heeled you seem, the more of a repellent you become.

Your Word Particularly where your heirs are likely to squabble over their inheritance, it is likely that most of your estate could be eaten up in legal fees. Also, in some jurisdictions, the "forced heirship" law provides that you must leave all or a certain percentage of your property to a forgotten separated spouse, or to a child who detests you (and vice versa).

Assets in an A.P.O.T. can, upon your demise, be given to any person or be used for any purpose you designate. Once again you have the right to choose who gets the benefit of your estate. You don't have to let the State make those choices for you.

Mobility Many countries have controls on foreign remittances that make it impossible to move money to where it is needed. Many Chinese-Americans were criminally charged years ago for simply sending subsistence money to aged parents on the mainland. Expat Cubans face similar risks today.

Wealth taxes and other taxes eat away at your savings and profits. An A.P.O.T. can help you save on taxes, and allow you to spend or invest your own money as you please. Certain "roll-up" investment funds convert taxable income into non-taxable, unrealized capital gains.

What If? What recourse do you have if a trustee doesn't do his job right? The most important asset of any money manager or trust administrator is his reputation. This is why it is important to deal with an established firm that has a good reputation, in depth management, client references, real offices, real employees, and good communications with customers. In taking out an A.P.O.T. you will have such a trust administrator working in your interests.

Besides all the usual court remedies (which take too long and are too expensive), your biggest element of control is that you can complain. Letters to the local regulatory bureaucrats will cause a legitimate operator a great deal of trouble. You can also make your grievances public by writing to journalists and editors. Such complaints made in financial publications and on the Internet will cost a trustee dearly. Receiving bad publicity for not providing the services you bargained for, will cost much more than he could gain from mismanaging or stealing your account.

In the final analysis, dealings with a trustee, or any bank, is mainly dependent on trust. If you start modestly and build up assets, trust and confidence over the years with your trust manager, you should do very well.

From The Horse's Mouth To give you more insight into the nuts and bolts of the A.P.O.T., our recommended trust firm provides answers to the most common questions relating to the operation of an A.P.O.T.

Q: Do I have to give up control over my assets with an A.P.O.T.?
A: Look at it this way: Do you give up control when you let a pilot or good cab driver take you where you want to go in a strange country? Not really. The professional will probably get you to your destination faster and safer than you could do it yourself. If you are unhappy you can change drivers (trustees) at any time. An A.P.O.T. which you can call "The Your name Trust" is run by you. You call the shots. Only legal title is in the name of "Your name Trust." There is a foreign person who is in nominal control (your pilot), but he does exactly what you want.

Q: Are the assets physically in the country where the trust is established?
A: Normally not. You can have a Nevis trustee with a bank account in Hong Kong or Singapore. You can have access to that bank account anywhere in the world with an ATM (automatic teller machine) card. Securities or mutual funds may have assets all over the world and be quoted in daily papers.

Q: How can I find out my net worth and check on the performance of my assets?
A: You can do this via the internet, fax or telephone. Conventional regular statements can be mailed or faxed, but if you are on the Internet, The Trust Firm is able to provide encrypted, strictly private instant statements, upon demand.

Q: If there are political problems (i.e. wars, revolutions) in the country of the trust, does this affect me?
A: Not at all. The Swiss moved all their gold holdings and bearer securities to New York City when there was a Nazi invasion threat. Most investment securities are now held as book entries in clearing houses. These are at major business centres like London, Zurich, Singapore. At the first sign of problems, all functions of your trust could be easily transferred to existing facilities in a dozen other countries. The customer would never be affected by such changes as internet, e-mail facilities and telephone lines would be electronically adjusted. However, insofar as investment banking and shop-registry functions, Nevis has dozens of years history of stability as a leading offshore banking centre. In spite of the USA's FATCA intrusions world-wide, normal business functions continue and doesn't affect American trust clients.

Q: Can I invest in any stocks, property or other assets that I choose?
A: Yes, but it is best for you to start with a small discretionary account owned by your A.P.O.T. Once you get the hang of using your A.P.O.T., you should have a personal or video meeting with your account executive to go over your objectives. You can visit us at the office abroad that is most convenient for you, or communications can be handled in many other ways.

Q: Is everything done legal?
A: Yes. Trust source has a large staff of lawyers who keep you in compliance with all laws of all the jurisdictions where we operate. They can also put you in touch with our own in-house lawyers and certified public accountants who are licensed in your home country for tax planning and other advice. We can also prepare and certify your financial statements, income tax and other returns. Naturally, these services are billed to you at a cost which will usually be considerably less than the cost of similar services stateside.

Q: Do you offer other services?
A: Yes. Discount stock brokerage, no load mutual funds, tax and estate planning, corporate, trust, foundation establishment and management, foreign exchange trading, offshore captive insurance companies newsletter and Internet publishing and a full range of financial services at competitive prices. We also offer expatriation and new citizenship services. See our Web Page or send for details.

Q: Do I have to use your people for any or all of the services you
A: No. You have the right to choose what services, if any,
you use in connection with your A.P.O.T. .

Q: What are my reporting requirements in my home country with
regard to an A.P.O.T.?
A: Certain forms need to be filled out and filed. We provide you with
these filled out forms. It is your sole responsibility to file them if you
choose to do so. Our firm, unless requested by you to do so in writing,
reports nothing about your account to anyone.

Q: How much money do I need to have to get started?
A: With as little as five thousand dollars, we manage to help clients.
The APOT is $999 plus a nominal fee for being the trustees for you.

If you want to give up being sucker punched, for your unique Offshore
Trust (A.P.O.T.) and referral reference, or further information, please contact us and place "APOT" in your subject heading.

See you next issue


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PS - Be sure to check out our latest report "How To Legally Move Large Amounts of Assets Abroad [without any filing requirements"].

"The people never give up their liberties but under some delusion."
- Edmund Burke, 1784

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