Former UBS Client Pleads Guilty to Hiding $10 Million in Offshore Bank Accounts

Defendant Skimmed Proceeds from his Watch Businesses to Fund Secret Accounts

WASHINGTON – Jack Barouh of Golden Beach, Fla., pleaded guilty today to filing a false tax return, the Justice Department and Internal Revenue Service (IRS) announced. Sentencing has been set for April 16, 2010, before U.S. District Judge Adalberto Jordan in Miami. The defendant remains free on a $1 million bail pending sentencing. He faces a maximum sentence of three years in prison.

According to court documents and statements made in court, Barouh admitted to filing a false tax return for 2007 in which he failed to report that he had an interest in or a signature authority over financial accounts at UBS AG, one of Switzerland’s largest bank. He also failed to report income earned on his UBS Swiss bank accounts. The UBS accounts were opened in the names of Domilou S.A., a nominee Panamanian corporation, and Similen Investments Limited, a nominee British Virgin Island corporation. For years 2002 through 2007, the tax loss associated with the Domilou and Similen accounts at UBS is approximately $736,269.

In addition to the Domilou and Similen accounts, the defendant owned and controlled several additional offshore bank accounts located at banks other than UBS, including accounts in Switzerland and Hong Kong.

According to court documents, the defendant owned and operated several businesses that manufactured and sold watches. Beginning in 1976, the defendant skimmed income from his watch businesses and deposited the proceeds into his undeclared UBS bank accounts. The defendant also deposited unreported sales commissions into the accounts.

According to court documents, beginning in 2007, the defendant attempted to withdraw his funds from Switzerland and repatriate all of the money into the United States. However, a Swiss attorney persuaded the defendant to transfer the money from Switzerland to a newly created bank account in Hong Kong in the name of a nominee Hong Kong corporation. The Swiss attorney then told the defendant to pay himself an annual “consulting fee” until all of the funds were brought into the United States. The Swiss attorney knew the defendant was not going to perform any consulting work.

As part of his plea agreement, the defendant agreed to pay a 50 percent penalty for the one year with the highest balance in his offshore accounts in order to resolve his civil liability for failing to file Reports of Foreign Bank and Financial Accounts, Forms TD F 90-22.1. The highest balance of all of the assets the defendant owned and controlled offshore was approximately $10,017,613. The defendant also must pay any additional taxes, interest and penalties he may owe.

“Today’s guilty plea is the latest success in our crackdown on illegal offshore tax evasion,” said John A. DiCicco, Acting Assistant Attorney General of the Justice Department’s Tax Division. “The Justice Department and U.S. Attorneys’ Offices will continue our investigations and prosecutions of individuals who utilize offshore accounts in Switzerland and elsewhere.”

“Skimming from one’s business and placing the assets in a secret offshore bank account is a classic example of tax evasion,” said Jeffrey H. Sloman, U.S. Attorney for the Southern District of Florida. “With tax day looming, today’s guilty plea is a reminder that those who violate the tax laws will be held accountable.”

“Hiding money in foreign bank accounts to evade paying taxes is a crime,” said Victor S. O. Song, Chief, IRS Criminal Investigation. “The IRS will continue our efforts to bring non-compliant taxpayers into the tax system either through the voluntary disclosure program or criminal prosecution.”

Acting Assistant Attorney General John DiCicco and U.S. Attorney Jeffrey H. Sloman commended the investigative efforts of the IRS agents involved in this case, as well as Senior Litigation Counsel Kevin M. Downing and Trial Attorney Mark F. Daly of the Tax Division, and Assistant U.S. Attorney Jeffrey A. Neiman, who are prosecuting the case.

In February 2009, UBS entered into a deferred prosecution agreement pursuant to which the bank admitted to helping U.S. taxpayers hide accounts from the IRS. As part of their agreement, UBS provided the United States government with the identities of, and account information for, certain United States customers of UBS’s cross-border business. Jack Barouh is the seventh former client of UBS to plead guilty to a tax felony.

U.S. citizens who have an interest in, or signature or other authority over, a financial account in a foreign country with assets in excess of $10,000 are required to disclose the existence of such account on Schedule B, Part III of their individual income tax return. Additionally, United States citizens much file a Report of Foreign Bank and Financial Accounts, or F-Bar, with the U.S. Treasury, disclosing any financial account in a foreign country with assets in excess of $10,000 for which they have a financial interest in or signature authority, or other authority over.

More information about the Justice Department’s Tax Division and its enforcement efforts is available at http://www.usdoj.gov/tax/.

Virginia Doctor Pleads Guilty to Conspiracy Involving Undeclared Swiss Bank Account

WASHINGTON – Dr. Andrew Silva of Sterling, Va., pleaded guilty today to conspiracy to impede the United States and to making a false statement, the Justice Department, Immigration and Customs Enforcement (ICE), U.S. Postal Inspection Service (USPIS) and the Internal Revenue Service (IRS) announced.

Sentencing has been set for May 7, 2010, before U.S. District Judge Liam O’Grady. The defendant was released on his own recognizance. He faces a maximum sentence of ten years in prison and a maximum fine of $500,000.

According to court documents, in 1997, Silva inherited an undeclared bank account from his mother at the Zurich, Switzerland, branch of one of the world’s largest international banks. The bank is headquartered in England and also has offices in Zurich, Geneva, and the Eastern District of Virginia . The account was held in the name of a sham Liechtenstein trust. In 1999, Silva met with an attorney who managed the account in Zurich, Switzerland. The Zurich attorney instructed Silva to keep the account “hush,” to not keep any records relating to the account, and to send coded letters if he wished to meet with the attorney. Further, the Zurich attorney advised Silva that if he transported or mailed less than $10,000 in U.S. currency back to the United States, he would not have to declare the funds to the U.S. government upon re-entry to the United States.

According to court documents, in September 2009, Silva was informed that the international bank was closing his undeclared Swiss account and that he had until the end of the year to travel to Switzerland to withdraw all funds. He made two trips to Zurich in October and November 2009 and met with the Zurich attorney at his office and a Swiss banker at the private wealth office of the international bank. The Zurich attorney and the Swiss banker refused to wire the money to the United States as it would leave a trail for U.S. law enforcement. Instead, they provided him with $235,000 in U.S. currency. Of that total, Silva received $200,000 in two individually wrapped “bricks” of $100,000 of sequentially numbered, new $100 bills.

According to court documents, with the assistance of the Zurich attorney, Silva mailed 26 packages containing over $200,000 in U.S. currency from Switzerland to the United States to himself and another person.

According to court documents, for the years 1997 through 2008, Silva made and subscribed false U.S. Individual Income Tax Returns, Forms 1040, that failed to report on the Schedules B attached to the returns that he had an interest in a financial account in a foreign country. Additionally, Silva failed to report the income he earned on his undeclared Swiss account on his tax returns.

According to court documents, from 1997 through 2008, Andrew Silva failed to file with the Department of the Treasury a Report of Foreign Bank and Financial Accounts on Form TD F 90-22.1 (FBAR) reporting his interest in his undeclared Swiss account that had an aggregate value of more than $10,000 at any time during a particular year.

As part of his plea agreement, Silva agreed to forfeit to the government $211,200 in U.S. currency that law enforcement officials seized from packages that Silva mailed from Switzerland to Silva’s residence in Sterling, Va.

“Today’s plea shows the continued efforts of the Justice Department to investigate and prosecute those citizens who use offshore accounts to hide income and assets,” said John A. DiCicco, Acting Assistant Attorney General of the Justice Department’s Tax Division. “American taxpayers should rest assured that those who do not file accurate tax returns and who utilize offshore accounts to hide money will be investigated, and when appropriate, prosecuted and sent to jail.”

“We are capable of thwarting offshore banking schemes because of the increased cooperation among ICE, Postal Service, and the IRS,” said Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia. “The tax charges in this case came to light because agents caught Mr. Silva structuring cash to avoid reporting requirements, and that kind of coordination is making it possible for us to discover Americans who conceal their wealth overseas and make them pay for their actions.”

“Failing to report the transportation of more than $10,000 into or out of the United States is smuggling,” said Scot R. Rittenberg, Deputy Special Agent in Charge for U.S. Immigration and Customs Enforcement (ICE) in Washington, D.C. “ICE continues to work closely with it federal partners to ensure smugglers are held accountable for their crimes.”

“The U.S. Postal Inspection Service is dedicated to ensuring those that use the U.S. Postal Service to commit crimes are prosecuted to the fullest extent of the law,” said Daniel S. Cortez, Postal Inspector in Charge of the Washington Division. “We have Postal Inspectors throughout the country who work tirelessly to ensure the mail isn’t used to facilitate criminal activity.”

“At this time of year, when hard-working citizens are sitting down to prepare their tax returns, it is especially disappointing to see the overt steps some individuals will take to hide their taxable funds from the government,” said IRS Criminal Investigation Chief Victor S. O. Song. “We are determined at the IRS and Department of Justice to halt international tax evasion, and the facts outlined in today’s plea are strong indicators that we can and will find this fraudulent activity.”

Acting Assistant Attorney General John A. DiCicco commended the criminal agents from ICE, USPIS, and IRS who investigated the case, as well as Assistant U.S. Attorney Gordon Kromberg, Tax Division Senior Litigation Counsel Kevin M. Downing, and Tax Division Trial Attorneys Mark F. Daly and John E. Sullivan, who are prosecuting the case.

United States citizens and residents have an obligation to report to the Internal Revenue Service on the Schedule B of a U.S. Individual Income Tax Return, Form 1040, whether that individual had a financial interest in, or signature authority over, a financial account in a foreign country in a particular year by checking “Yes” or “No” in the appropriate box and identifying the country where the account was maintained. United States citizens and residents have an obligation to report all income earned from foreign bank accounts on the tax return.

United States citizens and residents who had a financial interest in, or signature authority over, a financial account in a foreign country with an aggregate value of more than $10,000 at any time during a particular year were required to file with the Department of the Treasury a FBAR. The FBAR for the applicable year is due by June 30 of the following year.

Individuals who physically transport, mail or ship, or cause to be physically transported, mailed, shipped or received, currency, traveler’s checks, and certain other monetary instruments in an aggregate amount exceeding $10,000 into the United States are required to file a FinCen Form 105, Report of International Transportation of Currency or Monetary Instruments, with the Bureau of Customs and Border Protection (the CMIR).

United States law prohibits individuals from structuring mailings of U.S. currency into the United States in amounts less than $10,000 if the purpose of the structuring was to evade the requirement to file a CMIR.

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FOR IMMEDIATE RELEASE
TUESDAY, FEBRUARY 16, 2010
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Anglo Irish Bank Awarded Best Offshore Bank

The Expatriate Magazine Nexus has awarded the Anglo Irish Bank Corporation as the best offshore bank for expats. However, this may not have come as a surprise since it has won the award the five previous years. The award is based on how many times an offshore savings account has appeared in the magazine’s ‘Best Buy’ during a 12 month period.

Anglo Irish Bank came top in three award categories:
• Best Offshore Bank for Expats, Overall
• Best Offshore Bank for Expats, US Dollar Accounts
• Best Offshore Bank for Expats, Euro Accounts

Additionally Anglo Irish Bank was voted as Highly Commended in the following award categories:
• Best Offshore Bank for Expats, Sterling Instant Access
• Best Offshore Bank for Expats, Sterling Notice

The bank’s website can be found on the following address:

http://www.angloirishbank.ie/

What should an Offshore Company Structure look like?

How an offshore company structure should be set up is entirely dependent on the purpose with the structure. An offshore company structure with the purpose to minimize taxes may be completely different from an offshore structure with the purpose to protect assets. There are no standard structure and how it is setup does also depend on the consultant hired to assist and guide the setup.

Even though there is no standard structure they often have their similarities. Often the choice of jurisdiction in which to incorporate often differs depending on the nationality and domicile of the ultimate beneficiary at the one end of the structure.

It is always interesting to see how different consultants and lawyer setup their structures, not only in order to learn but also in order to get inspired and hopefully be able to create even more innovative and useful offshore company structures in the future.

In the following videos you can watch a lawyer or consultant setting up an offshore structure in Panama with offshore companies, trusts, bearer shares, bank accounts etc. The video is a great introduction to how an offshore structure can be set up and the different tools that can be used. But as said above there is no one and best structure and accordingly this structure should not be used without first defining the purpose with the structure, applicable laws etc. And finally setting up an offshore structure shall always be made by skilled and reputable professionals in the area.

Well, here are the two videos. Enjoy.

Advantages of Offshore Bank Accounts

Many of us think of offshore bank accounts as something that applies only to celebrities or spies, but they actually have some great advantages for regular investors. Offshore investment accounts are mainly about reducing taxes and liability. Read on to learn more about this exciting method of investing.

What is an Offshore Bank Account?
As exciting as the term “offshore bank account” sounds, it’s really less about James Bond than you might think. Offshore bank accounts are any bank holdings you have in another country. Despite the associations many people have, there isn’t anything illegal about opening an offshore investment account.

Offshore bank accounts come with a multitude of advantages. Most people find that the many benefits of offshore investment accounts help them overcome their preconceptions about the topic. Some of those advantages include the following:

- Keeping your money in an offshore bank account can have significant tax advantages, since the income from these accounts is not reported to your home country.
- When liability is a concern, offshore investment accounts are a good idea. A creditor is limited in accessing your money when it is held in an offshore bank account.
- Privacy is another important advantage of offshore investment accounts. When your money is kept offshore, you are the only one who has to know the details about your account.

What are QROPs?
“QROP” stands for “qualified recognized overseas pension schemes.” QROPs are offshore investment accounts that are a great alternative for citizens of Canada and the UK who are living in other countries. This is a completely legal way for citizens to move their pension accounts off shore. Citizens of the UK and Canada must have lived overseas for more than five years to be eligible for QROPs.

Advantages of QROPs
There are several advantages to setting up a QROP. It’s important that investors work with a reliable, responsible offshore investment firm to ensure the process is handled legally and correctly. Some of the many advantages of QROPs include the following:

- QROPs allow investors to consolidate their pension accounts. Rather than hassle with managing several accounts, pension-holders can handle one QROP instead.
- QROPs allow pension-holders to choose exactly how much they receive from their accounts and when they receive it. This flexibility is extremely helpful to most people.
- If you have a QROP, your assets may not be vulnerable to estate taxes. This is important for investors who hope to protect their assets for their families.
- Setting up a QROP is easy!

Typical Services Provided for Offshore Investment Accounts
In many ways, having an offshore investment account is much like having any other type of bank account. Many of the same services are provided, including the following:

- Offshore banks take deposits and extend credit to customers.
- Electronic funds transfer is available for most offshore bank accounts.
- Most offshore banks provide fund management, trustee services, and investment management.
- Offshore banks usually provide letters of credit and participate in foreign exchange.

These services are not offered by all offshore banks.

More About Offshore Investment Accounts
It is estimated that about one third of the money belonging to wealthy individuals is held in offshore bank accounts. This amounted to $6 trillion in 2000. In addition, more than a quarter of the world’s wealth is held in offshore investment accounts.

Offshore investment accounts are a great alternative for many people. These accounts have many of the same benefits as regular bank accounts, as well as many unique advantages.

Article Source: http://www.articlesnatch.com

About the Author:
Wondering how an offshore bank account can benefit you or if you can apply for Qualifying Recognised Overseas Pension Scheme , contact LOM. Our market professionals can answer any of your questions related to your offshore bank account.

Top 9 Offshore Bank Account Considerations

Author: Doug Snistola

One of the misnomers about an offshore bank account is that it is only for the very wealthy. An offshore corporation plus offshore bank account is more economical than one might think. An offshore bank account is an account that you open in a country or jurisdiction outside your own. Thus opening an offshore bank account is a good place to begin on the freedom road and such an offshore banking relationship can provide the foundation of what follows. The most obvious legitimate reason for opening an offshore bank account is the cash-flow advantage of getting interest on deposits paid gross, without the withholding tax usually imposed on non-resident bank accounts. One of the numerous benefits of opening an Offshore Bank Account is that they are often situated within tax havens, which means that the individual pays less tax.

Offshore Bank Account

Most offshore bank accounts come with a cash card that can be used to withdraw funds anywhere in the world. Offshore Bank Accounts the Ultimate Protection Seeking to protect you money in an offshore bank account once someone has laid a claim to your assets just won’t happen, its already too late. An additional benefit of an offshore bank account is that if you are not willing to leave a high tax nation you can benefit by moving money to a tax free secure and private haven. Asset security and privacy is what the offshore bank accounts and the financial world are designed to accommodate.

Opening an Offshore Account

To actually open an overseas bank account, you must firstly do some research – which country and which bank will be most suitable for your needs. Although you may not need any of these things; opening an offshore account can be as straightforward as just having a checking or savings account. Most people who open an overseas bank account want to enjoy the significant tax breaks that this will give them. A passport, a driving license, and a untilty bill are all you need to open an offshore account.

Privacy

Offshore privacy can no longer be taken for granted. Having a offshore bank account may be something you can explore in regard to banking privacy, being insulated from predatory lawsuits, building your assets and to legally avoid excessive taxation. This is a popular choice for people who are very particular about their privacy and anonymity. For maximum privacy and asset protection, however, the best advice is this: Establish an offshore corporation to own your offshore bank account. The Anonymous Panama Corporation adds in a nice thick layer of privacy protection. Right now, a secure, private bank account is reserved for your personal use in countries with some of the strongest bank privacy laws on earth.

Investment

An offshore account is an excellent way to diversify investments and take advantage of global tax savings. Sure you have to report your earnings in most places and pay taxes, but you can still open up an offshore bank account for greater investment possibilities, protection from domestic lawyers who might want to sue you for your life savings and for greater financial privacy. And, you must report any interest payments or dividends you have received from any offshore investments made using that account. You can have instant access to the world’s best investment opportunities, including currencies and precious metals without concern about your home nation’s legal restrictions.

Legal

The proper way to open an offshore bank account is through an experienced law firm offering offshore legal services. As a matter of principle the rights to privacy can be suspended when a criminal investigation is underway. Don’t rely on banking secrecy being upheld if you are engaging in illegal activites. Some countries like Panama are more tolerant than others.

Services

Typically a tax free haven is offered by countries that have little or no means of exporting goods and services to offset the imbalance they would otherwise have in terms of their overall currency exchange. You may want to consider other services the bank offers, such as different types of accounts, credit cards and safety deposit boxes. There are advantages either way here – a larger bank may offer greater security and more services, but with higher fees. Many offshore banks offer a full range of private banking services, but have certain terms and conditions that need to be met by their clients. An offshore corporation combined with the quality banking and commercial services found in Panama consistently meet the needs of diverse types of clients.

International

If you’re in regular receipt of international transactions it can make sense to establish an offshore company structure in a jurisdiction like the Seychelles where no tax is levied on income generated outside the jurisdiction and where such a company is not required to fill out annual financial or activity reports. Such a company can then open and hold an account which can be used for international personal OR business transactions. If you’re moving overseas you have a number of choices available to you – you can let your current bank know and they may change your account type to be an international account. You can then use this account to pay bills back home and conduct international transactions.

Visa

The way these programs work is Visa and MasterCard do not know who the actual card holder is – no date of birth, no address, no tax id numbers etc. So a subpoena to MasterCard or Visa would produce very little and since the bank is in a country with bank secrecy this avenue is going to be a long burdensome process that would be unlikely to be pursued and could only be pursued by a government in a criminal matter. The more private way of doing this is to get a Visa or MasterCard debit card from another bank, not your Panama bank.

Bank ATM Debit Card

Some people obtain an ATM card from another unrelated financial institution. These cards typically have no name imprinted on them which right away adds to your privacy protection. These cards also do not leave a trail to your real bank. Money can be transferred to the ATM card by wire from your Panama or other bank account and then withdrawn as needed. Some people are fond of using these cards to cover corporate expenses like travel, entertainment and other business expenses. Usually the ATM card purchase requires a copy of a passport.

Offshore banking has many advantages, some of which include the access to politically and economically stable jurisdictions, and the lower cost and higher interest rate. You can use a foreign bank account as an integral tool in an aggressive, two-pronged offshore wealth strategy. In other words, an offshore private bank account is not just a place for safekeeping cash. You might think it is a bit odd at first to open an offshore account when away on holiday but if you are going to that destination anyway on holiday it makes something nice to do one day.

Article Source: http://www.articlesbase.com/finance-articles/top-9-offshore-bank-account-considerations-307494.html

About the Author:

To learn more about the Panama Offshore Bank Account and other Panama Offshore Banking issues, visit Panama Offshore Legal at http://www.offshorelegal.org/offshore-banking/swiss-switzerland-offshore-banking/offshore-bank-account-tips.html