More accountants behaving badly at BDO Puerto Rico. First it was good ol’ Fernando Scherrer, […]
Recently, the Department of Justice narced out PwC to the AICPA’s Professional Ethics Division for […]
Despite being in good financial standing, adult film performers and others in the porn industry […]
Citizens for Responsibility and Ethics in Washington — or CREW, as they are lovingly and […]
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.
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?
Accounting News Roundup: Big 4 Firms Looking to Cash in on Climate Change; GM Is Back from the Dead; The End of Fan and Fred? | 08.17.10
Barclays in Sanctions Bust [WSJ]
“Barclays PLC agreed to pay $298 million to settle charges by U.S. and New York prosecutors that the U.K. bank altered financial records for more than a decade to hide hundreds of millions of dollars i nto the U.S. from Cuba, Libya, Iran and other sanctioned countries.
Monday’s settlement agreement of criminal charges is an embarrassment for Barclays, which became a major player on Wall Street by snapping up the collapsed U.S. operations of Lehman Brothers Holdings Inc. in 2008 and has been trying to burnish the U.K. bank’s reputation on both sides of the Atlantic Ocean as a good corporate citizen.”
Cashing in on cleantech [The Guardian]
“While E&Y claims to be the first to set up a practice specifically for cleantech, in recent years PricewaterhouseCoopers (PwC), Deloitte Touche Tohmatsu, KPMG and E&Y have all launched dedicated practices for sustainability and climate change.
Steven Lang, who leads the cleantech division in the UK and Ireland, recently explained the attraction to Business Green: ‘We’ve seen major amounts of capital flowing into clean energy and clean technology and governments increasingly want to use the sector as a driver for international competitiveness.
‘The drivers are there for this to be a major growth area over the next five years.’ “
GM IPO filing expected Tuesday [Reuters]
It’s like you never left, GM. “General Motors Co has completed the paperwork for an initial public offering, and timing of its filing with the U.S. securities regulators rests with the board of the top U.S. automaker, sources familiar with the process said on Monday.
The initial prospectus, expected to be for $100 million, is likely to be filed with the U.S. Securities and Exchange Commission on Tuesday, two people said, asking not to be named because the preparations for the IPO are private.”
IASB details recruitment process for Tweedie replacement [Accountancy Age]
“In a newly created section of the IASB website, the body has outlined the process it has followed since September 2009, as it searches to replace chairman Sir David Tweedie, who steps down in June 2011.
Among the documents is a letter sent to the European Commissioner’s office on 3 December, 2009, from Sir Bryan Nicholson, who has led the IASB’s recruitment process.”
Woman due in court for pie attack on US Sen. Levin [CT]
“A woman accused of hitting U.S. Sen. Carl Levin in the face with an apple pie during the Armed Services Committee chairman’s constituent meeting in northern Michigan is due in court.
Twenty-two-year-old Ahlam M. Mohsen of Coldwater will be arraigned Tuesday. She is being held without bond after being arrested Monday on a felony charge of stalking, and misdemeanor counts of assault and disorderly conduct”
Facebook Partnership Is Proven by $3,000 Check, Lawyer Says [Bloomberg]
“The western New York man suing over claims he owns 84 percent of Facebook Inc. has a copy of a $3,000 cashier’s check his lawyer says is proof of a contract with Chief Executive Officer Mark Zuckerberg.
The purported 2003 check is made out to Zuckerberg and dated three days before Paul Ceglia claims the two men signed a contract, according to the attorney. That agreement, Ceglia said in court papers, entitles him to control of the world’s biggest social networking website.”
Conference To Debate Future Of Fannie, Freddie [NPR]
Euthanasia seems like a good option here.
Filing a Bogus $1 Trillion Lien Against IRS Employees Proved To Be an Ineffective Intimidation Technique
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.
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.