Bite-Sized Business Law

Fields of Gold: Inside South Dakota’s Trust Empire

The Corporate Law Center at Fordham University School of Law Episode 104

Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.

0:00 | 37:01

South Dakota has turned itself into the ‘trust fund capital’ of America, and the system is thriving financially. Some proponents say the South Dakota trust fund regime is absolutely necessary for those with mega-wealth, but others argue that it’s eroding the American tax base, enabling the hollowing out of the middle class, and defying the trust Teddy Roosevelt knew Americans had in each other. Author and investigative journalist Leah McGrath Goodman unpacks her report, ‘Inside America’s Race to Hide the World’s Money.’ Tuning in, you’ll hear all about Leah’s life and career, where the estate tax originated in the US, what a trust is, why South Dakota started trying to attract wealthy individuals to direct their money there, and more. We delve into how people who don’t actually live in the state can take advantage of its tax system before discussing the benefits of South Dakota’s privacy laws. Leah goes on to touch on the biggest concerns she uncovered when reporting about the South Dakota trust machine, and she shares some potential solutions to these issues. Finally, our guest tells us what other states are trying to ‘copy’ South Dakota’s structure. Tune in now for this fascinating discussion! 

Key Points From This Episode:

  • Introducing Leah McGrath Goodman and an overview of her background. 
  • The history of the estate tax in the US and what a trust actually is. 
  • What motivated South Dakota to attract wealthy people to direct their money there. 
  • How people who don’t live in South Dakota can take advantage of this system. 
  • A breakdown of some of South Dakota’s privacy laws and how they’re beneficial. 
  • What South Dakota, as a state, gains from utilizing a system like this. 
  • The main concerns that arose in Leah’s reporting about the SD trust system.
  • A few of the benefits of the South Dakota trust empire on the economy as a whole.
  • Leah breaks down some potential solutions to some of these issues.  
  • Who originally came up with this structure and which states are trying to emulate it too.

Links Mentioned in Today’s Episode:

Leah McGrath Goodman

Leah McGrath Goodman on LinkedIn

'Inside America’s Race to Hide the World’s Money'

Fordham University School of Law Corporate Law Center