By David Frum
Sunday, August 16, 2026
“Many secrets; no mysteries.” That’s the master code of
the Trump administration. When it does something strange, there’s never any
mystery as to why: Somebody close to the president, or possibly the president
and his family themselves, intends to score a dishonest dollar. Exactly who
and how may be secret. Exactly why is no mystery.
So it is with the news that the Department of the
Treasury has
ended ownership-reporting requirements for U.S. businesses and purged the
existing database of ownership information. This seemingly technical-sounding
change is a huge gift to financial crooks, who can now store and launder dark
money in U.S. financial institutions with less risk of detection. But the gift
comes at the direct expense of banks, mutual funds, insurance companies, and
other financial institutions, which now have to shoulder the burden of
verifying customer data themselves.
The Treasury advertises the measure as deregulatory,
lifting burdensome red tape from business owners. But the relief to honest
business owners is tiny. The added burden on the financial sector is huge. The
real winners here are shady business owners. In 2021, Capital One, the
Trump Organization’s then-bank, closed
more than 300 of the Trump Organization’s accounts on suspicion that they
violated anti-money-laundering rules. The action just taken by the Treasury may
best be understood as payback for those who tried to enforce the law against
Donald Trump.
After the 9/11 terror attacks, Congress took action to
prevent terrorists and other criminals from using the U.S. financial system to
move money around undetected. Congress enacted laws requiring U.S. financial
institutions to “know your customer.” If someone tried to open an account for a
shell company, perhaps owned by another shell company, the financial
institution had to pierce the layers of concealment to know the human
beneficial owners of the account.
The information required was
pretty basic: name, address, birth date, and a government ID—a Social Security
card, say, or a passport. For the great majority of U.S. enterprises, these
rules were easy to comply with. Almost 80
percent of American businesses have no employees other than the owner. You
have probably divulged the requested information dozens of times without
inconvenience.
For the institutions receiving the information, however,
its collection was very burdensome. Most clients told the truth. Some
did not. How to tell which was which—and how to authenticate the information
provided by untruthful clients? The consequences of a mistake could be
catastrophic for the financial institution. In 2024, TD Bank paid $3 billion in
fines—and accepted limits on the future growth of its business—to settle
U.S. claims that it had not properly monitored accounts opened by fentanyl
traffickers.
To protect themselves, financial institutions pay
third-party agencies to check information about their customers, especially
those algorithmically identified as high-risk. One
study puts the cost of financial-crimes compliance in the United States and
Canada at $61 billion.
Financial institutions have
clamored for years for some relief from the tangled mess of reporting
imposed on them. In 2020, Congress
attached a new Corporate Transparency Act to the 2021 Pentagon budget,
which imposed an obligation on most businesses operating inside the United
States to report their ownership directly to the government. The Corporate
Transparency Act authorized the Treasury to establish a database of this
information. At first, the database would be accessible only to law
enforcement, but the plan was to
open the database to financial institutions too. If a financial institution
sensed something amiss, the federal database would assist its investigation.
The goal was less to exclude criminals from the banking system than to use “the
banks to track the money and find the criminals,” Aaron Klein, an expert in
banking regulation at the Brookings Institution, explained to me.
By destroying the database, the Trump administration has
removed that help from financial institutions and foreclosed an essential
avenue for tracking crooks.
Despite the Treasury’s claims that this purported
deregulation of financial information “is a victory for common sense and
American small businesses,” in the words of Treasury Secretary Scott Bessent,
the change provides scarcely any benefit at all to honest businesses. They
still have to report the relevant names, addresses, dates of birth, and
government-ID numbers every time they transact with a financial institution.
That burden remains the law. They have been relieved only of the slight
additional chore of filing the same information with the federal government—a
chore that lowered their costs of doing business. Those costs are now destined
to rise.
The purported “deregulation” is, however, a great benefit
to tax evaders, drug traffickers, money launderers, and other criminals hoping
to elude scrutiny of their finances. If they can locate a weak or careless or
greedy financial institution, they can open accounts with imperfect
information—and they now stand a much higher chance of getting away with their
deception. The Financial Accountability and Corporate Transparency Coalition estimates
that the Treasury’s action reduces the number of enterprises required to report
their true ownership from 32.6 million to 11,667.
The Trump administration is the most pro-crime
administration in United States history—as long as the crime in question is
committed by the president, his family, his donors, or his friends. Klein at
Brookings noted that Trump is using anti-money-laundering laws to require
notice of remittances to Mexico of as little as $200 (the legal threshold is
$10,000) even as his associates, including Paul Manafort, are
allowed to keep anonymous bank accounts in Delaware.
Across the federal government, enforcement against
rich-people crimes has been crippled or abandoned. Inside the Department of
Justice, resources have been redistributed
away from white-collar-crime enforcement, and Trump has stopped
enforcing laws against bribing foreign officials altogether. Pre-Trump,
some three dozen lawyers worked on domestic public integrity at DOJ. That
figure has been
cut to two. The team that policed lawbreaking in the crypto industry has
been disbanded.
The Treasury’s announcement last week is merely the
latest Trump gift to crooks, cheats, and traffickers. As his popularity
collapses among almost every other demographic, Trump seems to recognize that
the criminal-American community is his last and most loyal constituency.
No comments:
Post a Comment