former Internal Revenue Service agent whose tax preparation business catered to a wealthy clientele is accused of ordering at least two former customers killed as they prepared to testify against him on fraud charges. Federal prosecutors say the targets were key witnesses against Steven Martinez, 50, who was charged last year with stealing $11 million by preparing bogus tax returns for his customers. 0 Comments Weigh InCorrections? Personal Post Martinez’s limousine driver — Norman Russell Thellmann, 64 — was charged Monday with conspiracy to tamper with witnesses. Prosecutors allege he was ordered to deliver money to a hit man who was promised $100,000 for the two killings. Martinez did not enter a plea during his initial court appearance Monday on a charge of witness tampering. A federal magistrate judge ordered him held without bail. “I find it almost impossible to believe,” said David Demergian, his attorney. Martinez, an IRS agent from 1988 to 1992, faces a pretrial hearing March 19 on federal fraud charges and was free on bail until his arrest last week. An FBI agent’s affidavit says Martinez gave a former employee documents on four people about two weeks ago, including photos of one target from the wealthy suburb of Rancho Santa Fe and another target’s condominium in the upscale La Jolla area of San Diego. Martinez recommended the former employee use two different pistols for the killings and get a silencer, according to the affidavit. The former employee contacted the FBI, which recorded a meeting Thursday in which Martinez allegedly gave additional instructions like how to break into the La Jolla condominium. The targets were identified as 86-year-old Monique Siegel of La Jolla and Marianne Harmon of Rancho Santa Fe. The fraud complaint alleges that Martinez told customers to deposit their taxes into one of his bank accounts, promising to forward the money to state and federal authorities. He stated lower income on their tax returns without telling them, allowing him to pocket $11 million. The complaint identifies victims only by their initials. One “M.H.” had an income of $20.7 million in 2006 but Martinez filed a tax return for $2.1 million. One “M.S.” earned $200,046 in 2006 but Martinez’s return reported $32,900. Another customer who earned $12.2 million in 2005 reported income at $1.6 million, according to the complaint. The same customer earned $11 million in 2006, also reported as $1.6 million. Demergian, his attorney, said the fraud case was “certainly very defensible.” “He had a very dedicated loyal clientele,” Demergian said. “He was very successful.” Thellmann, who was arrested Friday night, told the FBI that Martinez sold him a limousine about three years ago and hired him as a chauffeur. He said Martinez told him to give $40,000 to a person who would call him with code. Thellmann denied he knew the money was to pay a hitman. FBI agents found $42,400 cash in a cereal box at his home.
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Tuesday, 6 March 2012
Ponzi fraud: two men found guilty of involvement in £115m UK scam
Two men have been convicted of involvement in the UK's largest Ponzi fraud, which saw hundreds of people – among them the former cricketer Darren Gough and the actor Frances de la Tour – lose £115m. John Anderson, 46, and Kenneth Peacock, 43 were found guilty of unauthorised regulated activity at Southwark crown court in London on Monday, but were cleared of one count each of fraud. The jury is still deliberating over allegations that they deceived investors. The scheme's mastermind, Kautilya Pruthi, 41, of Wandsworth, London, has pleaded guilty to the fraud and is due to be sentenced later this week. Ponzi frauds – which take their name from the Italian conman Charles Ponzi, who was particularly fond of employing the scheme – use cash from new investors to pay returns to existing investors and depend on a constant stream of new investors to fund the payouts. The court heard that Gough and the actor and singer Jerome Flynn are each thought to have lost up to £1m in the fraud, which also duped De la Tour. Victims handed over their cash to Pruthi, who promised them safe investments with returns of up to 13%. Instead, he spent their money on entertaining women, paying his daughter's private school fees and chartering helicopters. He also bought a private jet and built a car collection that included three Bentleys, a Lamborghini, two Ferraris, two Mercedes, a Rolls Royce, a Jaguar and a Maserati. "Mr Pruthi is believed to be the UKs most successful Ponzi fraudster," said David Aaronberg QC, prosecuting. "He obtained some £38m from investors and caused contractual losses of over £115m." Aaronberg added: "He enjoyed the company of women and was generous in the payments he made to a number of female friends, for whom he bought cars as presents, in total giving them £373,149." Indian-born Pruthi came to the UK in 2004 having been deported to his homeland after serving a sentence for faking documents in the US. Jurors heard that on coming to the country, Pruthi was quickly able to pose as "a wealthy individual". After setting up his company, Business Consulting International, said Aaronberg, Pruthi accepted deposits and "orchestrated a large-scale and sophisticated collective investment scheme". He would send personally tailored emails claiming he could offer up to 13% returns on 12-month investments because the scheme was available to a limited clientele. But in reality, said the prosecutor, he was "robbing Peter to pay Paul". Pruthi, who was not registered with or authorised by the FSA, admitted four counts of obtaining money transfers by deception, one of participating in a fraudulent business, one of unauthorised regulated activity and one count of converting and removing criminal property. Peacock, of West Hampstead, north London, and Anderson, of Surrey, are alleged to have acted as "aggregators" who pooled funds from third parties and then passed them on to Pruthi, who had duped them into the fraud at the outset. Eventually the scheme collapsed as there were not enough new investors to bring in the money needed to keep the old investors happy. "The scale of this scheme was vast and the losses were immense; several investors lost their homes, others have been declared bankrupt," said Aaronberg. "The monies which Pruthi received were generally not invested anywhere, neither in the UK nor abroad." According to the prosecution, of the £38,631,792 Pruthi obtained, £28m was used to pay back other investors, while £10m was siphoned off for Pruthi's "lavish lifestyle".
Deadlocked Stanford Fraud Trial Jury Told to Keep Deliberating
The judge in R. Allen Stanford’s fraud trial ordered the jury to return to deliberations after the panel sent a note saying it couldn’t reach a unanimous verdict in its fourth day of reviewing the evidence. The eight men and four women on the jury told U.S. District Judge David Hittner in Houston yesterday they were “unable to reach a verdict on each of the 14 counts,” the judge said, reading their note to attorneys for both sides. Enlarge image R. Allen Stanford, accused of leading a $7 billion investment fraud scheme, gestures as he exits the Bob Casey Federal Courthouse in Houston, Texas. Photographer: F. Carter Smith/Bloomberg Hittner instructed jurors to “continue your deliberations in this case,” telling them the trial has been costly in terms of both time and money, that the lawyers were unlikely going to be able to put on a better trial and that another jury was unlikely to be more conscientious. “It is your duty to agree upon a verdict if you can do so, without surrendering your conscientious opinion,’” Hittner told them. Stanford, 61, is accused of leading a $7 billion international fraud scheme involving the sale of certificates of deposit issued by his Antigua-based bank. He faces as long as 20 years in prison if found guilty of the most severe charges, mail fraud and wire fraud. The financier maintains he is not guilty. After the jury returned to deliberations, lead prosecutor Gregg Costa told the judge the jury’s note could be construed as meaning it couldn’t agree on any one of the 14 counts against Stanford or upon all of the counts. ‘We’ll See’ While acknowledging the possibility of having to accept a partial verdict, Hitter said, “We’ll see what comes out next.” When Hittner instructed the jurors to “take all the time you may feel necessary” to reach a verdict, one of the jurors grimaced. The jury left for the day yesterday after being told to resume deliberations. Jury selection in the case began Jan. 23 and the panel heard five weeks of evidence. The government presented testimony at from investors who bought the allegedly fraudulent CDs as well as from the executives who helped sell them. The witnesses included government officials and former Stanford Group Co. Chief Financial Officer James M. Davis, who pleaded guilty to fraud-related charges in 2009 and testified for five days against Stanford. Davis, whose relationship with Stanford traces back to when they were Baylor University roommates, told the jury he knew the boss was committing fraud and didn’t stop it. The defense presented former Stanford employees who said they saw no evidence of fraud at the company. Some offered testimony in support of the defense’s contention that Stanford was an absentee visionary who left the details of running his operation to Davis. Stanford didn’t testify during the trial.
Mandela faces fraud charges
The liquidators of Aurora Empowerment Systems, which is accused of asset-stripping bankrupt Pamodzi Gold, will lay charges of fraud this week against Nelson Mandela’s grandson Zondwa, and Ahmed Amod, an attorney for the company. The liquidators are also said to be planning to lay charges this week against Aurora chairman Khulubuse Zuma and possibly other directors under section 424 of the Companies Act, under which directors can be held personally liable for company debts. The charges follow a threat by the liquidators to lay charges of perjury against Thulani Ngubane, a director of Aurora, after he gave evidence at an inquiry.
Friday, 2 March 2012
Lloret de Mar turns its back on drunken tourists
A barrage of new by-laws has been issued to control the holidaymakers.Following the disturbances seen last summer, the Lloret de Mar Town Hall has passed more restrictive by-laws designed to combat ‘drunken tourism’. Last summer clashes between drunken tourists and police led to 20 arrests when the regional police Los Mosses stopped more clients entering a discotec because the air conditioning was broken. 22 people needed medical treatment including nine officers. That is being described now as a point of inflexion in the town’s tourism. The new regulations are designed to control behaviour on the public highway and encourage civic solidarity. They include a ban on routes known as ‘pub tours’ or ‘disco tours’, and the ‘offering, requesting, promotion or discussion of accepting direct or indirect sexual services’ is banned in public spaces. The consumption of alcohol in the street is also banned as the advertising or bar promotions for alcohol with greater than 20 º content. Also out are free bars, 2X1, happy hours and club cards. Machines which serve drinks are banned on the public highway. Also prohibited is sleeping by day or night in a vehicle, and urinating in the street. There is even a new law prohibiting the practice of ‘balconing’ with fines of as much as 1,500 € for that, although some fines could be as high as 3,000 €. People will only be allowed to walk without a shirt or just in a swimming costume when they are on the beach. Mayor of Lloret de Mar, Romà Codina, said the measures had much to do with the success of similar programs in Barcelona.
Tomb opened to investigate stolen baby allegation, and found to be empty
A judicial commission given the job of exhuming the remains of baby girl, as part of the investigation into alleged stealing of babies, opened the site where the baby’s remains was supposed to be, at an old cemetery in Ronda, Málaga. A court in Málaga had authorised the exhumation to carry out DNA testing to confirm identity, but the tomb was empty. Diario Sur reports the mother said there was nothing there ‘Not even a blanket or clothes, nothing at all, just an empty box with a cross on top’. The parents saw the child being born alive, but they were told later that she had died. The death is not recorded in the Registro Civil.
Gored bullfighter leaves hospital
Spanish bullfighter, Juan José Padilla, who was dramatically gored in the face on October 7 as part of the Pilar fiestas in Zaragoza, was released from hospital in the city on Wednesday. He told the press, sitting in a wheelchair and with his face uncovered and clear of any bandage, that he would be putting on his suit of lights and entering the ring again, although he admitted that it was impossible to continue this season. He said he would be back in 2012. Chief Ophthalmology surgeon at the Miguel Servet Hospital, Luis Pablo, described the matador’s recovery as spectacular, given that he arrived in the E.R. with his eye out of its socket. The bullfighter admitted that the prognosis is not so good as the optic nerve has been affected, and his retina also came detached, but he said ‘in medicine you never know, and miracles exist’. He told the press that he would not mind seeing pictures of him being gored, where one horn entered his cheek and exited in his left eye, but he had not done so as yet. ‘I bear no grudge against my profession or the bull’, he said. ‘The bull has given me much grandness’.
UK Benefit Fraud investigators have recently enjoyed more success in the fight against benefit cheats in Spain.
In one of the latest cases to go to prosecution, Debbie Williamson from Rotherham was sentenced at Sheffield Crown Court to 18 months immediate imprisonment for having stolen UK benefits between 2004 and 2009. Ms Williamson had been claiming a number of non-exportable benefits from the UK, including income support. She denied having any connection with Spain, but investigators established she owned property in Valencia, had made regular cash withdrawals abroad and had her daughter in a local Spanish school. In total Ms. Williamson stole £42,558.72 from the British taxpayer by claiming benefits she was not entitled to after her circumstances changed. Ms. Williamson is just one of many cases that make up the estimated £79 million of benefit fraud committed abroad. Although most people claiming UK benefits abroad do so legally, Spain is one of the countries where most UK benefit fraud is committed. In many of these cases, the person has purposefully not informed the UK authorities of a change in their circumstances. Anyone in receipt of a UK State Pension or benefit has the responsibility to keep the department paying their benefit up to date with any changes that could affect their payment, no matter how small the change seems. More information on UK benefits in general and on which ones can and cannot be received whilst living in Spain can be found on the DirectGov website. If you know of someone committing UK benefit fraud whilst living in Spain, such as claiming a non-exportable benefit, working in Spain while in receipt of UK incapacity benefit, or claiming benefit as a single person but living with a partner, you can help to protect the taxpayers’ money. A free and confidential Benefit Fraud Hotline is available in Spain – call 900 554 440 or visit the Benefit Fraud website to help UK investigators close the net on the benefit thieves.
SEPLA call 24 more strikes in Iberia, and some are over Easter
Iberia SEPLA union pilots have announced a new wave of strike action in protest at the company’s plans to start a new low-cost airline, Iberia Express, the first flight of which is set for March 25. They have called 24 more 24 hour strikes, which follow from the previous 12 which have already been seen. The stoppages are between March and May and some affect both the Easter break and bank holiday weekends. The pilots say they have upped their action because the company is refusing to talk and their attitude is ‘a radical rejection of any of the proposals offered by the collective, and to maintain the creation of Iberia Express which will result in the destruction of 8,000 jobs’. The union also claims that Iberia is not respecting Air Safety Regulations on work and rest time for the crew, saying that in one case a pilot has been sacked for this reason. The new strike action will be taken on 16, 19, 23, 25, 26 and 30 of March; 2, 4, 9, 13, 16, 20, 23, 27 and 30 of April; 2, 4, 7, 11, 14, 18, 21, 25 and 28 of May. On these dates Government imposed minimum services will see some services and normally the links to the Canaries and the Baleares are not affected. The 12 days strike action carried out so far is estimated to have resulted in losses of 32 million €.
Tuesday, 28 February 2012
Barclays Bank told by Treasury to pay £500m avoided tax
Barclays Bank has been ordered by the Treasury to pay half-a-billion pounds in tax which it had tried to avoid. Barclays was accused by HM Revenue and Customs of designing and using two schemes that were intended to avoid substantial amounts of tax. The government has taken the unusual step of introducing retrospective legislation to end such "aggressive tax avoidance" by financial institutions. Tax rules forced the bank to tell the authorities about its plans. The government has closed the schemes to retrieve £500m of lost tax and safeguard payments of billions of more tax in the future. BBC business editor Robert Peston has been told by Barclays that it is surprised by HMRC's reaction to the two schemes, which it believed to be in line with those used by other banks. Our business editor says it is highly embarrassing for Barclays, because Britain's big banks have all signed a code committing them not to engage in tax avoidance. However, he adds that Barclays may end up paying no more than £150m of additional tax. 'Decision justified' Announcing the crackdown, Exchequer Secretary to the Treasury, David Gauke, said the bank should never have devised the schemes in the first place. Continue reading the main story “ Start Quote All Britain's big banks have signed a code committing them not to engage in tax avoidance” Robert Peston Business editor Read Robert Peston's blog "The bank that disclosed these schemes to HM Revenue & Customs (HMRC) has adopted the Banking Code of Practice on Taxation which contains a commitment not to engage in tax avoidance," he said. "The government is clear that these are not transactions that a bank that has adopted the code should be undertaking. "We do not take today's action lightly, but the potential tax loss from this scheme and the history of previous abuse in this area mean that this is a circumstance where the decision to change the law with full retrospective effect is justified." One tax scheme involved Barclays claiming it should not have to pay corporation tax on profits made when buying back its own IOUs. The second tax avoidance scheme, also designed by Barclays, involved investment funds claiming that non-taxable income entitled the funds to tax credits that could be reclaimed from HMRC. The Treasury described this as "an attempt to secure 'repayment' from the Exchequer of tax that has not been paid". Forced disclosure A Treasury source suggested that outlawing the tax schemes immediately would save the government a further £2bn in tax that would otherwise have been foregone. Continue reading the main story “ Start Quote Banks are simply not going to be able to get away with it” David Gauke Exchequer Secretary to the Treasury Barclays disclosed the two schemes to the tax authorities under rules which have been in place since 2004. Anyone, such as a bank, accountant, lawyer or tax adviser, who devises a seemingly legal tax avoidance plan, is obliged to tell the tax authorities about it within a few days of using it or marketing it to clients. More than 2,000 schemes have been disclosed in the past eight years. Mr Gauke told BBC Radio 4's Today programme that the experience of Barclays showed that the system of compulsory disclosure for legal tax avoidance schemes was working. "They have got caught, they disclosed this information, the HMRC has acted very quickly, there will be no benefit to the bank, they are clearly taking a substantial reputational hit and we have demonstrated that banks are simply not going to be able to get away with it," he said. John Whiting, of the Chartered Institute of Taxation (CIOT), said: "Quite a few of the disclosures have come from banks in the past." "They are usually intended to sell to others such as clients." Tax obligations The banking code on taxation was first introduced by the Labour government in June 2009. It followed reports that some big banks used large scale tax avoidance schemes involving complex transactions and financial instruments. The code - which was supported by the incoming coalition government the following year - demands that banks which sign ensure that their tax and the tax obligations of their customers are observed. It says they should not go out of their way to avoid tax for themselves or clients. The 15 biggest banks operating in the UK have signed up. 'Treated even-handedly' In a separate development, HMRC said it would appoint a senior official to act as an "assurance commissioner" for any tax deals struck with big companies for more than £100m. The job of the commissioner will be to make sure taxpayers in general do not suffer from any such settlements. The move follows severe criticism last December from MPs on the public accounts committee who denounced HMRC for appearing to cut contentious tax deals with companies such as Vodafone and Goldman Sachs. Lin Homer, the new HMRC chief executive said: "This commissioner will take the role of challenging whether any proposed settlement secured the correct amount of tax efficiently and that taxpayers had been treated even-handedly." "The commissioner will also make sure that the governance procedures have been followed," she added.
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