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A bearer bond or bearer note is a bond or debt security issued by a government or a business entity such as a corporation. As a bearer instrument, it differs from the more common types of investment securities in that it is unregistered—no records are kept of the owner, or the transactions involving ownership. Whoever physically holds the paper on which the bond is issued is the presumptive owner of the instrument. This is useful for investors who wish to remain anonymous. Recovery of the value of a bearer bond in the event of its loss, theft, or destruction is usually impossible. Some relief is possible in the case of
United States public debt The "national debt of the United States" is the total national debt owed by the federal government of the United States to treasury security holders. The national debt at a given point in time is the face value of the then outstanding trea ...
. Furthermore, while all bond types state maturity dates and interest rates, bearer bond coupons for interest payments are physically attached to the security and must be submitted to an authorized agent in order to receive payment. Issuance of new bearer bonds has been effectively outlawed in the United States since the 1980s due to their use in illegal activities, but bearer bonds issued before this date can be redeemed if the issuer still exists.


History

Bearer bonds have been traced back as far as 1648, but there was a spike in popularity in the United States for these bonds during the Civil War, as government resources were strained and limited. Following the success and ease of transferring funds in the United States, Europe and South America also started issuing this type of bond. The main appeal of bearer bonds is anonymity, which led them to become the financial instrument of choice for unlawful activity including
money laundering Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
,
tax evasion Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to red ...
and drug trafficking. In response, new issuances of bearer bonds have been severely curtailed in the United States since 1982. All bearer bonds issued by the
US Treasury The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States. It is one of 15 current U.S. government departments. The department oversees the Bureau of Engraving and ...
had matured as of May 2016, with approximately $87 million yet to be redeemed as of March 2020.


Chiasso financial smuggling case

From 2009 to 2012, a series of incidents involving the forgery and smuggling of U.S. bearer bonds in Italy and Switzerland occurred, beginning with the Chiasso financial smuggling case in June 2009, in which Italian financial police and customs guards seized documents purporting to be U.S. bearer bonds totaling $134.5 billion in Chiasso, Switzerland, on the Italian border. The bonds were readily determined to be phony: the latest in a series of "billion-dollar bond" schemes that the United States Treasury calls "Morganthaus".


United States policy and practice

In the United States, the
Tax Equity and Fiscal Responsibility Act of 1982 The Tax Equity and Fiscal Responsibility Act of 1982 (), also known as TEFRA, is a United States federal law that rescinded some of the effects of the Kemp-Roth Act passed the year before. Between summer 1981 and summer 1982, tax revenue fell b ...
substantially curtailed the issue of debt in bearer form: it also disallowed any tax deduction of interest paid on any such bonds issued after 1982 by the issuer in the case of corporate bonds and removed the tax exemption of the interest paid in the case of municipal bonds, with registered bonds retaining the tax-exempt treatment. A challenge to this tax treatment by the US state of
South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
was heard by the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
in the case of '' South Carolina v. Baker'' (1988), which upheld the law and brought to an end the further issue of virtually all US municipal bearer bonds.


See also

*
Stock certificate In company (law), corporate law, a stock certificate (also known as certificate of stock or share certificate) is a legal document that certifies the legal interest (a bundle of several legal rights) of ownership of a specific number of share ...


References


External links

* {{DEFAULTSORT:Bearer Bond Bonds (finance) Commercial bonds