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 f**king 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 f**king 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 f**king 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.