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Mossack Fonseca Affected Taxpayers with Potential Exposure Should Consult with Counsel To Consider Their Legal Options Now!

On May 10, 2016 we posted The Saga of the "Panama Papers" Has Only Just Begun! where we discussed that on May 6, 2016 the ICIJ announced that the unknown source behind a leak of 11.5 million financial and legal documents regarding shell companies from the Panamanian law firm Mossack Fonseca has offered to provide the same documents to governments that he gave to a team of reporters.  

The offer of cooperation came in the form of an 1,800 word manifesto blasting lawyers, tax evasion, weak lawmakers and income inequality. In it, the leaker, “John Doe” whose identity is said to remain unknown even to the journalists he communicates with, said he is worried about weak protections for whistleblowers, and called on Congress and other global lawmakers to make it easier for people like him to get immunity.

On April 26, 2016 we posted Mossack Fonseca Law Firm Leak & Attorney-Client Privilege where we discussed that current and former clients of the law firm subject to the leak now face the potential exposure of their confidential documents and conversations spanning nearly 40 years.

Whenever confidential attorney files are leaked, innocent clients, as well as those who may have been seeking to cover up wrongdoing, face the potential of their personal information and confidential files being reviewed by reporters, members of the public and government investigators.

Even when only a subset of the stolen documents are publicized, the DOJ can often obtain additional, nonpublic material through grand jury subpoenas served on the entities or individuals that now possess the stolen files or through mutual legal assistance treaties to foreign authorities. 

This raises the question of whether U.S. government investigators are able to make use of these "Privileged Materials" that appear to have been hacked from Mossack Fonseca, an overseas law firm?

Law 360 and Baker & McKenzie both discuss Attorney-Client Privilege And A Law Firm Leak including whether the 4th amendment and/or privilege applies to these hacked materials

Individuals with Potential Exposure Should Consult with U.S. and Local Counsel and Consider Their Legal Options Now!

 

 
Any arguments to preserve privilege should be presented as promptly as reasonably possible to minimize the potential for a judicial finding of waiver of privilege. It may take months or even years for the full implications of such leaks to be clear, but for those who anticipate potential legal exposure, the time for them to assess their legal options is now.
 
All U.S. Taxpayers with
"Unreported Income" or "Money"
in Offshore Accounts
Need To Come Clean NOW before
Their Illegal Activity is Identified! 
 
 
 Want to Know which OVDP Program
is Right for You?

 
Contact the Tax Lawyers at 
Marini& Associates, P.A.  
 
for a FREE Tax Consultation
Toll Free at 888-8TaxAid (888) 882-9243

 

Read more at: Tax Times blog

The Saga of the “Panama Papers” Has Only Just Begun!

Well the world has been abuzz as a result of the leaked information from Panamanian Law Firm Mossack Fonseca in April of this year.

It appears, at least to me, that hopefully the original informant “John Doe” has cut some type of deal for immunity, with the various interested countries around the world.

The basis for my conclusion is based upon the following timeline of events from the time that the leak was revealed, until yesterday's release ofleaked information by the ICIJ: 
·         On April 4, 2016, we posted Huge Leak From the Panamanian Law Firm Mossack Fonseca! where we discussed that the offshore planning world was set on fire this weekend with the news that 11 million documents were leaked from the Panamanian law firm Mossack Fonseca.

·        On April 18, 2016 we posted Have An Un-Reported Account Associated With Mossack Fonseca? Like Your Freedom? Call Us!  where we discussed that U.S. federal agents and prosecutors told NBC News earlier that they had begun to mobilize in an effort to obtain and use the Panama Papers to bolster Existing Criminal Investigations and Prosecutions and to Launch New One.

o    Now The Guardian reports that U.S. Attorney Preet Bharara has “led several crusades against criminal wrongdoing in the financial sector, is already investigating several of the more than 200 US citizensnamed in the papers.”

o   The ICIJ received an email, published by the Guardian, from U.S. Attorney Preet Bharara for the Southern District of New York indicating that his office had “opened a criminal investigation regarding matters to which the Panama papers are relevant.
 
·         On April 26, 2016 The International Consortium of Investigative Journalists announced that it will release on May 9 a searchable database with information on more than 200,000 offshore entities that are part of the Panama Papers investigation.

o   ICIJ says it will not release clients' personal data en masse, and the data published in the searchable database will not include records of bank accounts and financial transactions, correspondence, passports or telephone numbers.

o   Nor will unpublished data be passed to national tax authorities or prosecutors, says ICIJ. Its director Gerard Ryle claims the organization is a 'media organization shielded by the First Amendment of the US Constitution and other legal protections from becoming an arm of law enforcement'. It has already used the First Amendment argument to resist demands from the US Attorney's office, however this argument may not hold against other jurisdictions that seek disclosure orders against ICIJ.

·       On May 6, 2016 According to New York Times the anonymous source that leaked Mossack Fonseca's client documents to the newspaper Sueddeutsche Zeitung has offered to cooperate with law enforcement agencies 'in prosecutions related to offshore money laundering and tax evasion' if they are assured personal immunity.

·         Also on May 6, 2016 the International Consortium of Investigative Journalists announced that the unknown source behind a leak of 11.5 million financial and legal documents regarding shell companies from the Panamanian law firm Mossack Fonseca has offered to provide the same documents to governments that he gave to a team of reporters. 

o   The offer of cooperation came in the form of an 1,800 word manifestoblasting lawyers, tax evasion, weak lawmakers and income inequality. In it, the leaker, “John Doe” whose identity is said to remain unknown even to the journalists he communicates with, said he is worried about weak protections for whistleblowers, and called on Congress and other global lawmakers to make it easier for people like him to get immunity.

“Thousands of prosecutions could stem from the Panama Papers, if only law enforcement could access and evaluate the actual documents,” the statement said.
 
 
 “ICIJ and its partner publications have rightly stated that they will not provide them to law enforcement agencies.
 
I, however, would be willing to cooperate with law enforcement to the extent that I am able.”
 

Although thousands of news stories have been published since early April, the actual document cachehas been off-limits to tax authorities until yesterday. The ICIJ released a searchable databaseof the names of 214,000 companies created by Mossack Fonseca and people tied to them on May 9, 2016 but it has said it won’t cooperate with investigators, who have only had access to the documents that the journalists have made public. The source’s statement could change that.

The database published on May 9, 2016, is only a "fraction"of the total dump of files, according to the ICIJ.
The release comes at a fortuitous time for regulators, as the DOJ has doubled the number of prosecutors in its FCPA unit, the FBI has organized three squads of agents to target foreign corruption and the IRS Has Added 600-700 Enforcement Agents To Catch "International Tax Cheats".

 

Do You Have Undeclared Income 
From A Foreign Entity
Formed By Mossack Fonseca ?
 

  
Do You Have Undeclared Accounts
With Any of the Following Foreign Banks?
 
 
 
Want to Know if the OVDP Program is Right for You?

 
Contact the Tax Lawyers at 
Marini& Associates, P.A.  
 
for a FREE Tax Consultation

Toll Free at 888-8TaxAid (888) 882-9243

 

 

 

 

Read more at: Tax Times blog

2015 Posts the Deepest Decline in Offshore Investments in 10 years!

Companies invested $221 billion into shell companies last year and investment flows to offshore tax havens such as the Cayman Islands and the British Virgin Islands fell somewhat, to $72 billion, according to the United Nations Conference on Trade and Development reported on May 3, 2016.

The first three quarters of 2015 showed a rise in investment flows to so-called special purpose entities in low-tax jurisdictions, which have little connection to local economies and are often used by international businesses to raise capital, according to this new data from UNCTAD. This could be due to shifting investments to avoid the Common Reporting Standard (CRS) obligation, by re-domicile foreign trusts and entities to countries that do not participate in CRS?

But a massive funds exodus from such companies in the final three months of the year, which is also the biggest quarterly withdrawal in the past 10 years, resulted in the annual total investment to be down from its 2014 level. This report stated that new rules adopted by Luxembourg and the Netherlands regarding transfer pricing, the economic substance of transaction and information exchange may have played a role.
The role of overseas shell companies to defer corporate earnings for U.S. businesses has grown in recent years,. Foreign investment by the U.S. to holding companies in Bermuda, Ireland, Luxembourg, the Netherlands, the U.K. and British islands rose to 59 percent of the US's outbound foreign direct investment last year, compared to about 40 percent a 10 years ago, according to the report.

GITM

 


  

The $72 billion that flowed into Caribbean financial centers, mostly the Caymans and British Virgin Islands, dropped 8 percent from 2014 levels but was close to the annual figures reported between 2008 and 2012. Countries outside of the U.S. and Europe are an increasingly large source of those dollars, with China and Hong Kong accounting for about 43 percent of the inflows from 2010 to 2014, the data shows.

The report comes during the heightened scrutiny from policymakers around the globe regarding as a result of the Huge Leak From the Panamanian Law Firm Mossack Fonseca! also known as the Panama papers which consists of 11.5 million confidential documents publicized earlier this year that highlight how the Panamanian law firm Mossack Fonseca helped thousands of clients set up shell companies over a period of 40 years, ultimately helping to keep assets out of the reach of government scrutiny for tax purposes.

Do You Have Undeclared Income 
From A Foreign Company
 or Trust?
 

 
 
 Want to Know if the OVDP Program is Right for You?

 
Contact the Tax Lawyers at 
Marini& Associates, P.A.  
 
for a FREE Tax Consultation

Toll Free at 888-8TaxAid (888) 882-9243

 

          

Read more at: Tax Times blog

IRS Is Adding 600-700 Enforcement Agents To Catch “International Tax Cheats”

IRS Hiring Up to 700 for Enforcement Crackdown: Koskinen preview image
 
The IRS will soon expand its enforcement staff by at least 600 and possibly 700, with the aim of targeting high-profile areas such as international tax issues, refund fraud and identity theft, Commissioner John Koskinen said.
 

The move is the first significant enforcement hiring in more than five years and it is “a good development for our tax system,” Koskinen said in a May 3 internal message to the Internal Revenue Service workforce.

The action is critical after years of job losses throughout the agency and broad funding cuts by Congress, Koskinen told employees. Funding for the IRS is down by more than $900 million since 2010, but its current employees managed to pull off efficiencies that helped make the hiring possible, he said.

Have Un-Report Offshore Income?

 
 
All U.S. Taxpayers with
"Unreported Income" or "Money"
in Offshore Accounts
Need To Come Clean NOW before
Their Illegal Activity is Identified! 
 
 
 Want to Know which OVDP Program
is Right for You?

 
Contact the Tax Lawyers at 
Marini& Associates, P.A.  
 
for a FREE Tax Consultation
Toll Free at 888-8TaxAid (888) 882-9243

 

Read more at: Tax Times blog

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