
BDO Puerto Rico Tax Partner Accused of Trying (and Failing) to Defraud the IRS
More accountants behaving badly at BDO Puerto Rico. First it was good ol’ Fernando Scherrer, the BDO Puerto Rico managing partner who got indicted for taking part in a shady corruption scandal last year that also involved Puerto Rico’s former education secretary and the former head of the Puerto Rico Health Insurance Administration. Now, the […]
Apparently PwC Is Not Its (Big) Brothers (Big Sisters) Keeper
Recently, the Department of Justice narced out PwC to the AICPA’s Professional Ethics Division for acts discreditable to the profession.1 The DOJ claims that PwC did not follow the standards and provisions required for federal audits during its 2011 audit of Big Brothers Big Sisters of America (BBBSA), and not following audit standards constitutes an […]
Is the DoJ’s Operation Choke Point Cutting Adult Stars off From Financial Services?
Despite being in good financial standing, adult film performers and others in the porn industry have had bank accounts abruptly terminated—and the U.S. Department of Justice (DOJ) may have had something to do with it. Under "Operation Choke Point," the DOJ and its allies are going after legal but subjectively undesirable business ventures by pressuring banks […]
CREW Goes After Grover Norquist, Compares His ATR Works to Those of Al Capone
Citizens for Responsibility and Ethics in Washington — or CREW, as they are lovingly and lazily known for those of us who love acronyms and hate organizations with long complicated names — has filed a complaint with the IRS and DoJ in the hopes they will investigate Americans for Tax Reform and, more specifically, its […]
DOJ Curious to Know if Credit Suisse Pulled a UBS
That is, helped American clients stash money offshore.
Credit Suisse said Friday it had been notified that it was the object of an investigation by the United States Department of Justice, citing “a broader industry inquiry.” The Swiss bank said that it had previously received subpoenas and other information requests from the Justice Department and other government agencies regarding cross-border services that its private banking arm provided to American clients.
As you may recall, the situation for UBS didn’t turn out so well and they sorta went back on that whole “secrecy” thing. Unfortch for Credit Suisse, they’ll probably have to snitch too:
On Friday, a court in Lausanne upheld the Swiss government decision to force UBS to hand over client data, citing “virtually uncontrollable economic repercussions for Switzerland” if it had not done so. That decision implies that Credit Suisse, too, may be ordered to surrender information about customers’ accounts to American authorities.
Credit Suisse Discloses U.S. Inquiry Into Private Banking [DealBook]
Earlier: DOJ: You Bet Your A$$ We’re Going After More Offshore Tax Evaders
IRS, DOJ Want a Peek at Some HSBC India Bank Accounts
Back in February, the IRS announced that it would be giving offshore bank account holders another chance to come clean on their tax-avoiding ways. Tax amnesty 1.0 went pretty well and last year, the IRS had a whale of time sticking it to UBS and a number of customers who were holding out. But in all honesty, we all know that picking off a bunch of blondes with above-average chocolatiering skills was some low-hanging fruit. Today the IRS, along with the DOJ, announced their next target of their sniffing-out-offshore-bank-account world tour. HSBC India! – come on down!
The United States is seeking an order from a federal court in San Francisco authorizing the Internal Revenue Service (IRS) to request information from HSBC Bank USA, N.A. about U.S. residents who may be using accounts at The Hong Kong and Shanghai Banking Corporation in India (HSBC India) to evade federal income taxes, the Justice Department announced today.
The government filed a petition with the court to allow the IRS to serve what is known as a “John Doe” summons on the bank. The IRS uses a John Doe summons to obtain information about possible tax fraud by people whose identities are unknown. If approved, the John Doe summons would direct HSBC USA to produce records identifying U.S. taxpayers with accounts at HSBC India, many of whom are believed by the government to have hidden their accounts from the IRS.
And if anyone is getting the idea that this is an HSBC/Hong Kong/India issue, Doug Shulman would like you to know that this is not personal, it’s simply the IRS doing the Treasury’s dirty work, “The IRS continues to focus its attention on international tax evasion,” the Commish said. “This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I’ve said all along, our international efforts are not about just one country or one bank – it’s about our wider effort to ensure compliance with the nation’s tax laws.”
The Treasury isn’t going to fill itself now, is it?
[via WSJ]
Filing a Bogus $1 Trillion Lien Against IRS Employees Proved To Be an Ineffective Intimidation Technique
Who knew!?
Oregon attorney Micaela Renee Dutson and her husband Tony Dutson were convicted of defrauding the U.S. Government of over $7 million but not before doing their damnedest to stave off the IRS and DOJ investigating them.
The Dutsons were a creative couple, selling “pure trust” packages to their clients who were told that their income would be tax free if it were placed in trust. They sold these products despite “several warning letters from the IRS, articles in the Oregonian newspaper warning the public against tax shelter scams, and a compl stice Department on behalf of the IRS in an effort to stop them from selling their tax shelters.”
The IRS started auditing the Dutsons’ clients who, prior to engaging the dynamic tax duo, were seemingly compliant taxpayers. The IRS informed these clients that the “trusts” were actually illegal tax shelters and that they were being bamboozled.
This was, of course, unacceptable to the Mr and Mrs and they went on a serious offensive:
[T]he Dutsons began a campaign to obstruct the IRS’s audits and investigation, and to harass and intimidate the individual IRS employees who were auditing or investigating them. First, they created and presented dozens of fictitious financial instruments to the IRS purporting to pay off back taxes for themselves and a number of their clients.
Even though they knew the bogus instruments had no financial value and had never been accepted by a creditor, they continued to sell them to their clients with false promises they would pay off their tax liability. The Dutsons also advised clients to use them to pay off commercial debts, including mortgages and court-ordered obligations. Together, the Dutsons and their clients presented over $44 million worth of these bogus financial instruments over a four-and-a-half-year period.
To further obstruct the IRS, and harass and intimidate its employees, the Dutsons advised clients to file frivolous lawsuits against the IRS employees. The Dutsons charged their clients $3,500 each to prepare court documents and help their clients file them. They continued to advise clients to file these lawsuits — even after a federal court had dismissed the first of these suits as frivolous and without merit — without telling their clients about the dismissal.
After the Justice Department filed the complaint for a permanent injunction, and IRS special agents had notified the Dutsons in person that they were under criminal investigation, the Dutsons filed a $1 trillion lien in California against several IRS employees who had attempted to audit or investigate the Dutsons, as well as the DOJ attorneys who filed the complaint. A federal court later ruled that the lien was null, void and without legal basis, but one week later, the Dutsons prepared a $108 million lien for a client against John Snow, who was then Secretary of the Treasury.
The Dutson probably figured the jig was up and since $1 trillion is a nice round number the figured “why the hell not?!?” Back in the early ’00s a trillion was fantastical number (for the most part), not tossed willy-nilly like it is these days. The Dutsons could have filed the lien for $1 gabizillion and it would have made as much sense.
Oh and while they were at it, just file another one against the Secretary of the Treasury. If it was Tim Geithner, sure we can see that happening for a whole host of reasons but John Snow? Wasn’t he one of the most harmless cabinet members of the Bush Administration? If they would have filed the lien against Dick Cheney they could have garnered a little popular support at least.
Oregon Attorney Convicted of Tax Fraud After Filing $1 Trillion Lien Against IRS [Web CPA via TaxProf]
DOJ: You Bet Your A$$ We’re Going After More Offshore Tax Evaders
It appears that the offshore bank account crackdown tour is going straight through Asia, where DOJ senior tax attorney Kevin Downing gave a speech saying, “We expect over the next couple of years, in addition to the UBS cases, to have somewhere between 4,000 and 7,000 more cases coming to us with. These are from banks and governments cooperating.”
Obviously the UBS flogging was such a huge success that the DOJ/IRS figures they might as well keep a good thing going and is making a nice little swing through Asia to give them fair warning that they could be traipsing through their backyard very soon:
Singapore was one stop in a tour of Asian cities also including Hong Kong, Beijing and Shanghai by Downing and his U.S. Justice Department team. The tour featured meetings with financial and tax regulatory bodies and bankers discussing cross-border tax prosecutions.
He said that since the start of the U.S. crackdown on tax evasion, money has moved from the Caribbean to Switzerland and Asia.
Of course Mr Downing doesn’t want to get ugly saying, “he hoped the U.S. authorities would not have to conduct “UBS-style” probes,” but obviously that option is always on the table.