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Administrative and criminal violations involving the same fact: the recent positions of the European Court of Human Rights and of...

The European Court of Human Rights takes a stand on the ne bis in idem principle intervening on the relationship between administrative and criminal violations involving identical facts. Two recent decisions give interesting...more

Steven Getman: Legal links of interest for the week ending March 15, 2013

Legal links of interest for the week ending March 15, 2013 Friday, March 15, 2013 by Steven J. Getman, Esq. Attorney Steven Getman reports on some of the stories about courts, the law and lawyers in the news this past...more

Crown Appeals Tax Court Decision in Guindon – Are Advisor Penalties “Criminal”?

On October 31, 2012, the Crown filed a Notice of Appeal with the Federal Court of Appeal against the judgment of the Tax Court of Canada in Julie Guindon v. The Queen (2012 TCC 287). In that decision, the Tax Court held that...more

Tax Topics - October 2012

In This Issue: - Crime And (No) Punishment: Julie Guindon V. Her Majesty The Queen - Section 163.2 . . . . . . 2 - Section 163.2 as a Criminal Penalty . . . 3 - The Application of Section 163.2 to the...more

Tax Court holds that advisor penalties under section 163.2 of the ITA constitute criminal offences

In what is certain to be the first step in a very important precedent, the Tax Court of Canada held on October 2, 2012 that the advisor penalties created under section 163.2 of the Income Tax Act constitute criminal offences...more

Reasons to “Opt Out” of the Voluntary Disclosure Progam

One of the questions that taxpayers in the Offshore Voluntary Disclosure programs ask is should I “opt out” of the program if the penalty is unacceptable to me. The question often arises in the context of value of assets...more

Would $104 Million IRS Whistleblower Get Stiffed Under Dodd-Frank?

The recent announcement that the IRS granted a $104 million whistleblower award to convicted former UBS banker Bradley Birkenfeld generated front-page news coverage. Birkenfeld, the U.S.-bred former private banker who...more

What Does The Flap Over Romney’s Tax Returns Suggest About Disclosure of His Swiss Account?

As the “will he or won’t he” controversy continues to swirl around demands that Mitt Romney release multiple years of his federal income tax returns, some commentators have speculated that Governor Romney’s reluctance to...more

United States and South Korea Coordinate to Combat Monetary & Tax Crimes

To combat money and tax crimes, such as tax evasion and money laundering, the United States and Korean Governments have committed to a simultaneous criminal investigation program, SCIP. The arrangement allows the respective...more

UBS Client from Miami Beach, Florida Sentenced to Prison

A former bank client of global financial services provider, UBS, AG, was sentenced to four months in federal prison for willfully failing to file a Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts ("FBAR"),...more

Empowering the IRS in Combating Identity Theft

The National Taxpayer Advocate, Nina Olsen says the main reason people go to her office is to seek help because their identities have been stolen. Identity theft is a growing crime that results in stolen tax refunds and...more

The Case for Investing in the IRS Part 2: Combating Identity Theft

This past weekend’s New York Times cover story describing the dramatic rise in identity thieves targeting the United States Treasury is old news to tax practitioners. In my January 25, 2012 post, I discussed the National...more

Switzerland Responds to Wegelin Indictment and DOJ’s Relentless Pursuit of Offshore Bank Account Information

On February 2, 2012, Wegelin & Co., Switzerland’s oldest private bank, became the first overseas bank to be indicted by the United States for aiding tax fraud—but it may not be the last. The company is one of at least 11...more

Tax Refund Scammers may get away with $26 billion

Over the next 5 years, the Treasury Inspector General for Tax Administration (TIGTA), Russell George estimates that scammers who masquerade as other people to steal their tax refunds could get away with $26 billion in the...more

IRS Losing Fight Against Tax Return Fraud?

Is the IRS winning the battle against tax return fraud? Hardly. Tampa is the city that holds the dubious distinction of having one of the country’s highest incidences of tax return fraud. It is estimated that from Tampa alone...more

Officers of New York Environmental Services Company Plead Not Guilty to Conspiracy and Tax Fraud Charges

On March 28, 2012, six officers of a New York-based environmental services company pleaded not guilty to charges that they conspired to defraud the Internal Revenue Service (“IRS”). The case is United States v. Deluca et...more

FinCEN Extends Due Date for Certain FBAR Filers

On February 14, 2012, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued Notice 2012-1, which extended the filing deadline for both the 2010 and 2011 Report of Foreign Bank and...more

"Highlights of Proposed Regulations Issued Under FATCA and Multijurisdiction Plan for Information Sharing"

On February 8, 2012, Treasury and the IRS issued comprehensive proposed regulations (Proposed Regulations) that would, when finalized, implement the Foreign Account Tax Compliance Act (FATCA), which was enacted in March 2010....more

"Signature Presumed Authentic" Opens Issue Of Fairness In Cases of Improper or Unauthorized Signature of Tax Documents

HRS 231-15.3, "Signature Presumed Authentic," signing tax returns, issuance of summons for handwriting exemplars, presumption of innocense, criminal investigatory process...more

Focus of Internet Poker Settlement: ENFORCEMENT

Recent reports are that a deal has been agreed to by all interested parties which would allow the sale of Full-tilt assets to a French Company (GBT). As reported part of the purchase includes a payment of $80M USD by the...more

Credit Suisse Delivers 130 Clients Data to IRS

According to a report by Swiss weekly Sonntagszeitung on Sunday, Swiss banking giant Credit Suisse will hand over banking details of 130 of its US clients suspected of tax evasion to the US Justice Department after the IRS...more

Professional Ethics In A Tax World – Self-Assessment, Self-Incrimination, The Charter, Crown Fairness And Other Matters

TABLE OF CONTENTS 1.0 INTRODUCTION .... 1 2.0 KEY PRINCIPLES .... 3 2.1 “Voluntary” Self-Assessment .... 3 2.2 The Nature of Tax Penalties .... 4 2.3 Right Against Self-Incrimination .... 5 2.4...more

Corporate Ownership Disclosure Again In The Crosshairs

Nevada Secretary of State Announces Task Force Last month, Nevada Secretary of State Ross Miller announced the formation of a task force to investigate registered Nevada business entities that are suspected of being...more

Vernon City Tax-exempt Bond under IRS Probe

The city of Vernon issued $419 million worth of tax-exempt bonds in 2009 which has come under IRS investigation. This has now become the third major tax investigation of the city over the past one year. In its audit...more

Important IRS Deadline Looms for Foreign Financial Accounts

DEADLINE - August 31, 2011: Owners or signatories of financial accounts outside of the United States may escape criminal prosecution and reduce civil penalties by participating in the IRS Offshore Voluntary Disclosure...more

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