ABOVE: Paul Davis
Yesterday, the Office of Foreign Assets Control (“OFAC”) designated PacNet Services, a Canadian payments processing company, and many of its officers and employees as SDNs under the Transnational Criminal Organization (TCO) program. According to OFAC’s press release, PacNet “knowingly process[ed] payments on behalf of a wide range of mail fraud schemes that target victims in the United States and throughout the world.” Prior to this designation, only ten individuals and entities (comprising seven organizations) had been designated under the TCO program.
The head of PacNet, who was designated as part of yesterday’s OFAC action, is an individual and pilot named Paul Davis. According to OFAC, in one of its more colorful allegations, Davis used his piloting skills and aircraft “to move illicit bulk cash within Europe.”
Long term readers surely see now what’s coming next. Over the next several weeks, it is likely that anyone anywhere in the world named Paul Davis will confront a financial nightmare as banks, credit card companies and anyone else with screening software will deny them loans, seize their credit card payments, cancel their leases, and otherwise muck up any financial transactions in which they are involved. And, of course, since these Paul Davises are not the “real” Paul Davis, they have no rights at OFAC other than to try to unblock funds each and every time that happens.
It really is time for OFAC to have the common decency to figure out a solution for these unintended collateral consequences that occur when people with common names are designated. They do it for companies, like Tidewater, Inc, but simply cannot be bothered with mere individuals. And parents, before giving your kids a common name, think twice. Naming your kid Uriah Aloysius is beginning to look pretty attractive.