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Credit Card Scheme
TWO BUSINESSMEN PLEAD GUILTY TO
TAX FRAUD
IN OFFSHORE CREDIT CARD SCHEME
Credit Cards Were Used To Spend
Untaxed Income
Stashed In Foreign Accounts
WASHINGTON D.C. - Eileen J. O’Connor, Assistant Attorney
General for the Tax Division, United States Department of Justice,
Jeffrey G. Collins, United States Attorney for the Eastern District
of Michigan, and Nancy Jardini, Chief, Internal Revenue Service
Criminal Investigations, announced that at the federal courthouse
in Detroit, Michigan, Kurt P. Greaves and Herbert J. Greaves each
pled guilty to a felony charge of filing a fraudulent tax return
(26 U.S.C. §7206(1). The sentencings were scheduled for July
15, 2004.
A violation of 26 U.S.C. § 7206(1) carries a maximum penalty
of three years imprisonment, a $250,000 fine, or both, and three
years of supervised release following imprisonment.
“As these convictions demonstrate, moving money offshore
doesn’t hide it from the IRS,” said Assistant Attorney
General Eileen J. O’Connor. “The government can and
will find those who try to hide unreported income offshore, and
hold them accountable.”
“Today's plea shows that not only are the promoters being
prosecuted, but increasingly the clients who participate in these
schemes for the purpose of willfully evading taxes are being prosecuted,
too,” said Nancy Jardini, Chief, IRS Criminal Investigation.
“The prosecution of individuals who intentionally conceal
income and evade taxes is a vital element in maintaining public
confidence in our tax system. We should not expect the honest taxpayer
to foot the bill for those who hide income from the government.”
Herbert Greaves and Kurt Greaves own Greaves, Inc. (the “company”),
which operates roofing and other businesses. They admitted that,
from 1999 through 2001, they used offshore entities run by tax scam
promoters to hide much of their income. They admitted filing fraudulent
individual income tax returns that falsely reported no interest
in a financial account in a foreign country. In fact, they each
had interests in numerous foreign bank accounts.
In one scheme, the Greaves admitted they caused their company to
make payments to Nevada shell corporations, and fraudulently deducted
them as “professional fees” and/or “outside fees.”
In fact, the payments were deposited in bank accounts controlled
by the scheme’s promoters, who then wire-transferred the funds
offshore to bank accounts maintained in Nevis, West Indies. The
Greaves admitted they controlled those accounts. The promoters arranged
for issuance of a credit card by Bahamas-based Leadenhall Trust
Company Ltd., and for untaxed income held in the foreign accounts
to be used to pay the credit card bills. The Greaves used the credit
card to pay their personal expenses.
In a second scheme, the Greaves caused their company to wire transfer
$230,000 to an offshore Nevis-based bank account controlled by the
promoters. The company deducted the entire payment on its tax returns
as an “insurance” expense. To substantiate the fraudulent
deduction, the promoters provided the Greaves with a bogus insurance
policy purportedly issued by Grenada-based Sovereign Life &
Casualty Ltd. The Greaves had executed a secret indemnification
agreement whereby, through a Nevis-based corporation, they agreed
to indemnify the insurance company from any claims which might be
made under the policy. The promoters received six percent of the
total funds as a fee for holding the funds for one year, after which
the Greaves were entitled to receive the balance.
Assistant Attorney General O’Connor and U.S. Attorney Collins
thanked Tax Division Trial Attorneys John E. Sullivan and D. Loren
Washburn, who prosecuted this case. They also thanked the special
agents of the Internal Revenue Service, whose assistance was essential
to the successful investigation and prosecution of these complex
cases.