Some post-judgment creditors, divorcing spouses and other private litigants use a domestic summons / subpoena to elicit an adversary’s bank customer information from a foreign bank witness. Under limited circumstances, these private litigants might serve a domestic summons / subpoena, as set forth by the Court in First American Corp. v. Price Waterhouse, 154
Tax Fraud
Asset Search News Roundup: July 30, 2009
In my June 1, 2009 "Asset Search News Roundup" I wrote about how national tax authorities can enter into tax information exchange agreements. The July 24, 2009 article "Tax Transparency Is Set To Increase", also discusses these agreements, which sometimes uncover offshore assets hidden in a tax fraud. As…
Some Abusive Offshore Tax Avoidance Schemes At UBS
U.S. taxpayers who beneficially own a foreign bank account with assets in excess of $10,000, are required to disclose the same at Schedule B, Part III of their U.S. Individual Tax Return Form 1040. These taxpayers must also separately file a TDF 90-22.1, (a.k.a. a “FBAR” form), the first page of which is shown here:…
UBS & Its “John Doe” Summons
“A Domestic Subpoena / Summons In An Offshore Asset Search” describes how the IRS and U.S. Department of Justice were granted court permission to serve a “John Doe” summons on UBS AG. This summons was supposed to help the IRS identify assets and / or undeclared revenue hidden by any U.S. taxpayers…
Asset Forfeiture Via Mutual Legal Assistance Treaties
When assets are hidden in a foreign bank account or are otherwise offshore, domestic authorities might be able to seek asset forfeiture, discovery or other relief pursuant to a Mutual Legal Assistance Treaty (“MLAT”). Depending on the circumstances, MLAT’s can particularly help domestic authorities trying to locate, (and then possibly forfeit), criminal proceeds which have…
Hiding Assets Through Portable Valuable Commodities
The Asia / Pacific Group on Money Laundering explains on its typologies webpage, that one way to hide assets is by purchasing portable valuable commodities like diamonds. The typologies webpage provides the example of a beneficial owner concealing assets by transferring diamonds to another jurisdiction. One man who may have tried this kind of…
A Doctor’s Health Insurance Fraud With Tax Evasion
Ndubuisi Joseph Okafor, M.D., had practiced primary care medicine through the Okafor Group in the Washington D.C. metropolitan area. He was however, sentenced in U.S.A. v. Okafor, to 65 months in prison followed by three years of supervised release for health insurance fraud and tax evasion. He was also ordered to pay restitution in…
Offering Offshore Asset Protection To Tax Cheats
At “Asset Search vs. Offshore Asset Protection“, I wrote that offshore asset protection services were being used to conceal assets from IRS revenue officers and others. The Senate’s Permanent Subcommittee On Investigations, just issued a 114-page report examining this same issue. The Report entitled, Tax Haven Banks And U.S. Tax Compliance,…
Puerto Rico’s Governor & Public Corruption
Mr. Reinaldo Cestero is a private investigator and a retired Chief Deputy United States Marshal, who works in Puerto Rico. I asked Mr. Cestero about the superseding indictment filed in U.S.A. v. Acevedo-Vila, et. al., which charged Puerto Rico’s Governor Anibal Acevedo Vila, (and /or twelve co-defendants), with: conspiracy; false statements; wire fraud;…
Hidden Assets In A Wisconsin Divorce
At "An Asset Search, Tax Fraud & Divorce ", I described a conversation I had with Brian– a former IRS Special Agent who had also once been a high-ranking official at the Financial Crimes Enforcement Network. In that conversation, Brian suggested that a broad range of criminal statutes were sometimes relevant to a tax…