Geoffrey Berman, the US attorney for the Southern District of New York, speaks at the Department of Justice in Washington on October 26, 2018. AP Photo
Geoffrey Berman, the US attorney for the Southern District of New York, speaks at the Department of Justice in Washington on October 26, 2018. AP Photo
Geoffrey Berman, the US attorney for the Southern District of New York, speaks at the Department of Justice in Washington on October 26, 2018. AP Photo
Geoffrey Berman, the US attorney for the Southern District of New York, speaks at the Department of Justice in Washington on October 26, 2018. AP Photo

US Justice Department removes lawyer prosecuting Donald Trump allies


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The Justice Department moved abruptly on Friday night to oust Geoffrey Berman, the US attorney in Manhattan overseeing key prosecutions of President Donald Trump’s allies and an investigation of his personal lawyer Rudy Giuliani. But Mr Berman said he was refusing to leave his post and his ongoing investigations would continue.

“I have not resigned, and have no intention of resigning, my position,” Mr Berman said. His statement came hours after Attorney General William Barr said Mr Berman was stepping down from his position.

The standoff set off an extraordinary clash between the Justice Department and one of the nation’s top districts, which has tried major mob and terror cases over the years. It is also likely to deepen tensions between the Justice Department and congressional Democrats who have pointedly accused Mr Barr of politicising the agency and acting more like Mr Trump’s personal lawyer than the nation’s chief law enforcement officer.

The move to oust Mr Berman also comes days after allegations surfaced from former Trump national security adviser John Bolton that the president sought to interfere in a Southern District of New York investigation into the state-owned Turkish bank in an effort to cut deals with Turkish President Recep Tayyip Erdogan.

Mr Barr offered no explanation for why he was removing Mr Berman in the statement he issued late on Friday. The White House quickly announced that Mr Trump was nominating the chairman of the Securities and Exchange Commission to the job, a lawyer with virtually no experience as a federal prosecutor.

Hours later, Mr Berman issued his own statement saying he had learned that he was being pushed out through a press release. He vowed to stay on the job until a Trump nominee was confirmed by the Senate, challenging Mr Barr's power to remove him from office because he was appointed to the job by federal judges, not by the president. Under federal law, a US attorney who is appointed by district court judges can serve “until the vacancy is filled”.

A senior Justice Department official said the department was pressing forward with its plans and would have Craig Carpenito, the US attorney in New Jersey, take over the office temporarily, starting on July 3. The official was not authorised to speak publicly about the issue.

Democrats have repeatedly accused Mr Trump's Justice Department of political interference, and those concerns have also been pervasive among some rank and file officials in the agency. The House Judiciary Committee Chairman Jerry Nadler said his committee was inviting Mr Berman to testify next week.

Federal prosecutors in New York have overseen numerous prosecutions and investigations with ties to Mr Trump in recent years. They include an ongoing investigation into Mr Giuliani’s business dealings, including whether he failed to register as a foreign agent, according to people familiar with the probe.

The office has also prosecuted a number of Trump associates, including the president's former personal lawyer and fixer Michael Cohen, who served a prison sentence for lying to Congress and campaign finance crimes.

Mr Berman has also overseen the prosecution of two Florida businessmen, Lev Parnas and Igor Fruman, who were associates of Mr Giuliani and tied to the Ukraine impeachment investigation. The men were charged in October with federal campaign finance violations, including hiding the origin of a $325,000 donation to a group supporting Mr Trump’s re-election.

Attention refocused on the Southern District this week after news organisations obtained copies of Mr Bolton's tell-all book. He alleges in the book that Mr Trump sought to cut a deal to stop federal prosecutors in New York from investigating whether Halkbank violated US sanctions against Iran, in order to free an American pastor imprisoned in Turkey.

Six weeks after the pastor’s release, Mr Bolton writes that on a call with the Turkish president,“Trump then told Erdogan he would take care of things, explaining that the Southern District prosecutors were not his people, but were Obama people, a problem that would be fixed when they were replaced by his people”.

The White House is seeking to block the public release of Mr Bolton’s book, saying it is being published without formal authorisation that the manuscript was free of classified information.

The episode Mr Bolton described occurred months after Mr Berman assumed the role of US attorney.

A Republican who contributed to the president’s election campaign, Mr Berman worked for the same law firm as Mr Giuliani and was put in his job by the Trump administration. But as US attorney, he won over some sceptics when he went after Trump allies, and had a direct hand in other investigations that have angered the president.

Mr Berman was appointed by then-attorney general Jeff Sessions in January 2018, after Preet Bharara, then US attorney in New York, was fired. Mr Bharara had refused to resign along with dozens of other federal prosecutors appointed by President Barack Obama.

Months later, FBI agents raided Mr Cohen’s offices, an act the president decried as a politically motivated witch hunt. Mr Berman recused himself from the prosecution of Mr Trump's lawyer, though it was never explained why.

The following April, in the absence of a formal nomination by Mr Trump, the judges in Manhattan federal court voted to appoint Mr Berman to the position permanently.

The White House never said why Mr Trump did not formally nominate Mr Berman. Yet there are clear  links between some of his investigations and the White House.

Mr Berman's office subpoenaed Mr Trump’s inaugural committee for a wide range of documents as part of an investigation into various potential crimes, including possible illegal contributions from foreigners to inaugural events. Weeks before the 2018 midterm election, Mr Berman announced insider trading charges against an ardent Trump supporter, Republican congressman Chris Collins. Mr Collins, who represented western New York, has since resigned.

Under Mr Berman’s tenure, his office also brought charges against Michael Avenatti, the combative lawyer who gained fame by representing porn actress Stormy Daniels in lawsuits involving Mr Trump. Mr Avenatti was convicted in February of trying to extort Nike after prosecutors said he threatened to use his media access to hurt Nike’s reputation and stock price unless the sportswear giant paid him up to $25 million.

The White House said in a statement Friday that Mr Trump was nominating SEC Chairman Jay Clayton to the post. Before taking the reins at the SEC, Mr Clayton was a well-connected Wall Street lawyer who represented and advised a number of major companies, including Goldman Sachs, Barclays, Deutsche Bank and UBS.

UK-EU trade at a glance

EU fishing vessels guaranteed access to UK waters for 12 years

Co-operation on security initiatives and procurement of defence products

Youth experience scheme to work, study or volunteer in UK and EU countries

Smoother border management with use of e-gates

Cutting red tape on import and export of food

Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

House-hunting

Top 10 locations for inquiries from US house hunters, according to Rightmove

  1. Edinburgh, Scotland 
  2. Westminster, London 
  3. Camden, London 
  4. Glasgow, Scotland 
  5. Islington, London 
  6. Kensington and Chelsea, London 
  7. Highlands, Scotland 
  8. Argyll and Bute, Scotland 
  9. Fife, Scotland 
  10. Tower Hamlets, London 

 

What are NFTs?

Are non-fungible tokens a currency, asset, or a licensing instrument? Arnab Das, global market strategist EMEA at Invesco, says they are mix of all of three.

You can buy, hold and use NFTs just like US dollars and Bitcoins. “They can appreciate in value and even produce cash flows.”

However, while money is fungible, NFTs are not. “One Bitcoin, dollar, euro or dirham is largely indistinguishable from the next. Nothing ties a dollar bill to a particular owner, for example. Nor does it tie you to to any goods, services or assets you bought with that currency. In contrast, NFTs confer specific ownership,” Mr Das says.

This makes NFTs closer to a piece of intellectual property such as a work of art or licence, as you can claim royalties or profit by exchanging it at a higher value later, Mr Das says. “They could provide a sustainable income stream.”

This income will depend on future demand and use, which makes NFTs difficult to value. “However, there is a credible use case for many forms of intellectual property, notably art, songs, videos,” Mr Das says.

Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills