CRA raids locations in Toronto, Calgary and West Vancouver in Panama Papers probe
Agency discloses unprecedented details of criminal investigation prompted by huge leak of records
http://www.cbc.ca/news/politics/cra-panama-papers-raids-vancouver-toronto-calgary-1.4535565
CRA raids locations in Toronto, Calgary and West Vancouver in Panama Papers probe
Agency discloses unprecedented details of criminal investigation prompted by huge leak of records
Comments
Mike McNair
Morneau forgets he has a
villa in France and nothing happens to him. A Waitress in PEI forgets
to include some tips on her tax return and she gets slapped with huge
fines.
David Amos
@Mike McNair Trust that I
made certain the Bill Morneau got a copy of Revenue Minister Diane
Lebouthillier's email to me about KPMG as soon as I read it
---------- Original message ------------
From: "MinFinance / FinanceMin (FIN)" <fin.minfinance-financemin.
Date: Wed, 30 Aug 2017 20:48:25 +0000
Subject: RE: Your various correspondence about abusive tax schemes - 2017-02631
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ------------
From: Green Party of Canada | Parti vert du Canada <info@greenparty.ca>
Date: Wed, 30 Aug 2017 20:48:45 +0000
Subject: Re: Fwd: Your various correspondence about abusive tax
schemes - 2017-02631
To: David Amos <motomaniac333@gmail.com>
-- Please reply above this line --
---------- Original message ------------
From: "Min.Mail / Courrier.Min (CRA/ARC)" <PABMINMAILG@cra-arc.gc.ca>
Date: Wed, 24 May 2017 13:10:52 +0000
Subject: Your various correspondence about abusive tax schemes - 2017-02631
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
Mr. David Raymond Amos
motomaniac333@gmail.com
Dear Mr. Amos:
Thank you for your various correspondence about abusive tax schemes,
and for your understanding regarding the delay of this response.
This is an opportunity for me to address your concerns about the way
the Canada Revenue Agency (CRA) deals with aggressive tax planning,
tax avoidance, and tax evasion by targeting individuals and groups
that promote schemes intended to avoid payment of tax. It is also an
opportunity for me to present the Government of Canada’s main
strategies for ensuring fairness for all taxpayers.
The CRA’s mission is to preserve the integrity of Canada’s tax system,
and it is taking concrete and effective action to deal with abusive
tax schemes. Through federal budget funding in 2016 and 2017, the
government has committed close to $1 billion in cracking down on tax
evasion and combatting tax avoidance at home and through the use of
offshore transactions. This additional funding is expected to generate
federal revenues of $2.6 billion over five years for Budget 2016, and
$2.5 billion over five years for Budget 2017.
More precisely, the CRA is cracking down on tax cheats by hiring more
auditors, maintaining its underground economy specialist teams,
increasing coverage of aggressive goods and service tax/harmonized
sales tax planning, increasing coverage of multinational corporations
and wealthy individuals, and taking targeted actions aimed at
promoters of abusive tax schemes.
On the offshore front, the CRA continues to develop tools to improve
its focus on high‑risk taxpayers. It is also considering changes to
its Voluntary Disclosures Program following the first set of program
recommendations received from an independent Offshore Compliance
Advisory Committee. In addition, the CRA is leading international
projects to address the base erosion and profit shifting initiative of
the G20 and the Organisation for Economic Co-operation and
Development, and is collaborating with treaty partners to address the
Panama Papers leaks.
These actions are evidence of the government’s commitment to
protecting tax fairness. The CRA has strengthened its intelligence and
technical capacities for the early detection of abusive tax
arrangements and deterrence of those who participate in them. To
ensure compliance, it has increased the number of actions aimed at
promoters who use illegal schemes. These measures include increased
audits of such promoters, improved information gathering, criminal
investigations where warranted, and better communication with
taxpayers.
To deter potential taxpayer involvement in these schemes, the CRA is
increasing notifications and warnings through its communications
products. It also seeks partnerships with tax preparers, accountants,
and community groups so that they can become informed observers who
can educate their clients.
The CRA will assess penalties against promoters and other
representatives who make false statements involving illegal tax
schemes. The promotion of tax schemes to defraud the government can
lead to criminal investigations, fingerprinting, criminal prosecution,
court fines, and jail time.
Between April 1, 2011, and March 31, 2016, the CRA’s criminal
investigations resulted in the conviction of 42 Canadian taxpayers for
tax evasion with links to money and assets held offshore. In total,
the $34 million in evaded taxes resulted in court fines of $12 million
and 734 months of jail time.
When deciding to pursue compliance actions through the courts, the CRA
consults the Department of Justice Canada to choose an appropriate
solution. Complex tax-related litigation is costly and time consuming,
and the outcome may be unsuccessful. All options to recover amounts
owed are considered.
More specifically, in relation to the KPMG Isle of Man tax avoidance
scheme, publicly available court records show that it is through the
CRA’s efforts that the scheme was discovered. The CRA identified many
of the participants and continues to actively pursue the matter. The
CRA has also identified at least 10 additional tax structures on the
Isle of Man, and is auditing taxpayers in relation to these
structures.
To ensure tax fairness, the CRA commissioned an independent review in
March 2016 to determine if it had acted appropriately concerning KPMG
and its clients. In her review, Ms. Kimberley Brooks, Associate
Professor and former Dean of the Schulich School of Law at Dalhousie
University, examined the CRA’s operational processes and decisions in
relation to the KPMG offshore tax structure and its efforts to obtain
the names of all taxpayers participating in the scheme. Following this
review, the report, released on May 5, 2016, concluded that the CRA
had acted appropriately in its management of the KPMG Isle of Man
file. The report found that the series of compliance measures the CRA
took were in accordance with its policies and procedures. It was
concluded that the procedural actions taken on the KPMG file were
appropriate given the facts of this particular case and were
consistent with the treatment of taxpayers in similar situations. The
report concluded that actions by CRA employees were in accordance with
the CRA’s Code of Integrity and Professional Conduct. There was no
evidence of inappropriate interaction between KPMG and the CRA
employees involved in the case.
Under the CRA’s Code of Integrity and Professional Conduct, all CRA
employees are responsible for real, apparent, or potential conflicts
of interests between their current duties and any subsequent
employment outside of the CRA or the Public Service of Canada.
Consequences and corrective measures play an important role in
protecting the CRA’s integrity.
The CRA takes misconduct very seriously. The consequences of
misconduct depend on the gravity of the incident and its repercussions
on trust both within and outside of the CRA. Misconduct can result in
disciplinary measures up to dismissal.
All forms of tax evasion are illegal. The CRA manages the Informant
Leads Program, which handles leads received from the public regarding
cases of tax evasion across the country. This program, which
coordinates all the leads the CRA receives from informants, determines
whether there has been any non-compliance with tax law and ensures
that the information is examined and conveyed, if applicable, so that
compliance measures are taken. This program does not offer any reward
for tips received.
The new Offshore Tax Informant Program (OTIP) has also been put in
place. The OTIP offers financial compensation to individuals who
provide information related to major cases of offshore tax evasion
that lead to the collection of tax owing. As of December 31, 2016, the
OTIP had received 963 calls and 407 written submissions from possible
informants. Over 218 taxpayers are currently under audit based on
information the CRA received through the OTIP.
With a focus on the highest-risk sectors nationally and
internationally and an increased ability to gather information, the
CRA has the means to target taxpayers who try to hide their income.
For example, since January 2015, the CRA has been collecting
information on all international electronic funds transfers (EFTs) of
$10,000 or more ending or originating in Canada. It is also adopting a
proactive approach by focusing each year on four jurisdictions that
raise suspicion. For the Isle of Man, the CRA audited 3,000 EFTs
totalling $860 million over 12 months and involving approximately 800
taxpayers. Based on these audits, the CRA communicated with
approximately 350 individuals and 400 corporations and performed 60
audits.
In January 2017, I reaffirmed Canada’s important role as a leader for
tax authorities around the world in detecting the structures used for
aggressive tax planning and tax evasion. This is why Canada works
daily with the Joint International Tax Shelter Information Centre
(JITSIC), a network of tax administrations in over 35 countries. The
CRA participates in two expert groups within the JITSIC and leads the
working group on intermediaries and proponents. This ongoing
collaboration is a key component of the CRA’s work to develop strong
relationships with the international community, which will help it
refine the world-class tax system that benefits all Canadians.
The CRA is increasing its efforts and is seeing early signs of
success. Last year, the CRA recovered just under $13 billion as a
result of its audit activities on the domestic and offshore fronts.
Two-thirds of these recoveries are the result of its audit efforts
relating to large businesses and multinational companies.
But there is still much to do, and additional improvements and
investments are underway.
Tax cheats are having a harder and harder time hiding. Taxpayers who
choose to promote or participate in malicious and illegal tax
strategies must face the consequences of their actions. Canadians
expect nothing less. I invite you to read my most recent statement on
this matter at canada.ca/en/revenue-agency/
statement_from_
Thank you for taking the time to write. I hope the information I have
provided is helpful.
Sincerely,
The Honourable Diane Lebouthillier
Minister of National Revenue
On 3/4/17, David Amos <motomaniac333@gmail.com> wrote:
> http://www.cbc.ca/fifth/
>
> http://www.taxfairness.ca/en/
>
> Dennis Howlett, Executive Director
> office@taxfairness.ca (link sends e-mail)
> Mobile: 613-863-3670
>
> MEDIA INQUIRIES:
> Gail Dugas, Communications Coordinator
> gail.dugas@taxfairness.ca (link sends e-mail)
> Mobile: 613-334-5658
>
> Kevin Lacey
> Atlantic Canada Director
> Office Location:
> Canadian Taxpayers Federation
> 5201 Duke St
> PO Box 34077 Scotia Square
> Halifax, NS B3J 1N0
> Phone: 902.407.5757
> Cell: 1.877.909.5757
> E-mail: atlantic.director@taxpayer.com
>
>
> ---------- Forwarded message ----------
> From: *TIGTA Whistleblower Protection Ombudsman
> <WhistleblowerProtection@
> Date: Fri, 3 Mar 2017 11:33:30 +0000
> Subject: RE: ATTN Marwah.Rizqy et al RE KPMG, The Tax Man, My
> lawsuits, By-elections etc etc etc
> To: David Amos <motomaniac333@gmail.com>
>
> Good morning,
>
> We have received your e-mail to the Treasury Inspector General for Tax
> Administration (TIGTA) Whistleblower Protection Ombudsman. This
> e-mail account and TIGTA’s Ombudsman is available to Internal Revenue
> Service (IRS) employees and applicants as well as contractors who have
> been subjected to retaliation as a result of engaging in
> whistleblowing activities (i.e., efforts on your part to report fraud,
> waste, and abuse). Your inquiry does not appear to fall within these
> parameters. As a result, you may wish to direct your inquiry
> elsewhere.
>
> Thank you.
>
>
> On 3/2/17, David Amos <motomaniac333@gmail.com> wrote:
>
>> ---------- Original message ----------
>> From: Marwah Rizqy <Marwah.Rizqy@usherbrooke.ca>
>> Date: Thu, 2 Mar 2017 16:42:09 +0000
>> Subject: Réponse automatique : ATTN Marwah.Rizqy et all RE KPMG, The
>> Tax Man, My lawsuits, By-elections etc etc etc
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Merci pour votre courriel. Veuillez noter que je suis absente jusqu'au
>> 15 novembre 2016. Je vous répondrai promptement à mon retour.
>>
>>
>> ---------- Original message ----------
>> From: "MinFinance / FinanceMin (FIN)"
>> <fin.minfinance-financemin.
>> Date: Thu, 2 Mar 2017 16:37:13 +0000
>> Subject: RE: ATTN Marwah.Rizqy et all RE KPMG, The Tax Man, My
>> lawsuits, By-elections etc etc etc
>> To: David Amos <motomaniac333@gmail.com>
>>
>> The Department of Finance acknowledges receipt of your electronic
>> correspondence. Please be assured that we appreciate receiving your
>> comments.
>>
>> Le ministère des Finances accuse réception de votre correspondance
>> électronique. Soyez assuré(e) que nous apprécions recevoir vos
>> commentaires.
>>
>>
>>
>> ---------- Original message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Thu, 2 Mar 2017 12:11:43 -0400
>> Subject: ATTN Marwah.Rizqy et all RE KPMG, The Tax Man, My lawsuits,
>> By-elections etc etc etc
>> To: Marwah.Rizqy@usherbrooke.ca, juanita.nathan@yrdsb.ca,
>> "Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca>,
>> adesousa@ville.montreal.qc.ca, "Bill.Morneau"
>> <Bill.Morneau@canada.ca>, "Diane.Lebouthillier"
>> <Diane.Lebouthillier@cra-arc.
>> Cc: David Amos <david.raymond.amos@gmail.com>
>> arana@hilltimes.com, "harvey.cashore" <harvey.cashore@cbc.ca>,
>> "Frederic.Zalac" <Frederic.Zalac@cbc.ca>, Gillian.Findlay@cbc.ca
>>
>> http://www.cbc.ca/news/
>>
>> KPMG offshore tax dodge a 'facade' designed to hide money, ex-client says
>> Accounting firm's contracts with federal government questioned
>>
>> By Harvey Cashore, Kimberly Ivany, Frederic Zalac, Gillian Findlay,
>> CBC News Posted: Mar 02, 2017 5:00 AM ET
>>
>> "Sherbrooke University tax Prof. Marwah Rizqy says KPMG should have
>> included those additional Canadian families in its totals to the
>> finance committee and to the Canada Revenue Agency.
>>
>> "It's very important to disclose that type of information," Rizqy
>> said. "Here we're talking about a tax structure, about the intention
>> to evade tax. The CRA can go and investigate these families and see if
>> they actually did something else."
>> Marwah Rizqy
>>
>> Marwah Rizqy, a tax professor at Sherbrooke University, says KPMG
>> should have disclosed the five additional tax structures to
>> authorities. (CBC)
>>
>> Rizqy says KPMG's testimony before the committee is concerning.
>>
>> "There's a lack of credibility here," Rizqy said. "They misled the
>> Parliament, they also misled Canadians."
>>
>> https://www.usherbrooke.ca/
>>
>> Marwah Rizqy
>> Professeure adjointe
>>
>> http://www.thesuburban.com/
>>
>> Liberals reject DeSousa candidacy in St. Laurent
>> By Joel Goldenberg The Suburban Feb 28, 2017
>>
>> "However, at least one observer believes the only reason for the
>> rejection is that DeSousa would have easily won the nomination over
>> the party’s preferred candidate, former Nelligan MNA and Quebec
>> Minister Yolande James.
>>
>> Prime Minister Justin Trudeau has said he wants, in general, open
>> nomination processes.
>>
>> A determined DeSousa told a quickly called press conference Tuesday
>> that he still wants to be the Liberal candidate for St. Laurent. He
>> has appealed the Green Light Committee’s decision, and is requesting
>> an immediate review by the Permanent Appeal Committee.
>>
>> DeSousa pointed out that he has lived in the community for 44 years,
>> has led and been involved in local organizations, has been a council
>> member for nearly 27 years and mayor since 2002."
>>
>> "The candidacies of James and tax law professor Marwah Rizqy, a former
>> Hochelaga Liberal candidate, were approved by the Green Light
>> Committee, according to media reports. A nomination meeting is
>> expected in the next week.
>>
>> Recently interviewed by The Suburban, James said that while she has
>> not lived in St. Laurent, she did go to Vanier College and dealt with
>> local community organizations when she was Immigration Minister."
>>
>> Monsieur Alan DeSousa Saint-Laurent
>> Maire d'arrondissement
>> Conseiller de la Ville
>> Président de commission
>> Équipe Denis Coderre pour Montréal
>>
>> Téléphone : 514 855-6000 poste 4005
>> Email adesousa@ville.montreal.qc.ca
>>
CRA raids locations in Toronto, Calgary and West Vancouver in Panama Papers probe
Agency discloses unprecedented details of criminal investigation prompted by huge leak of records
Canada
Revenue Agency officers, backed up by police, raided locations in three
provinces Wednesday as part of a criminal tax-evasion probe stemming
from the Panama Papers, the agency said.
About 30 criminal investigators from the CRA executed three search warrants in the Toronto area, Calgary and West Vancouver, with assistance from the RCMP and the West Vancouver police, the CRA said in a statement online.
It's the first time the revenue agency has publicly disclosed details of any of the "several criminal investigations" it has long said it is conducting based on the Panama Papers leak, and could be a sign the CRA is preparing to bring rare criminal charges against people hiding money offshore.
"The CRA's investigation identified a series of transactions involving foreign corporations and several transfers through offshore bank accounts used, allegedly, to evade taxes," the agency said.
The CRA did not identify which people, businesses or locations were targeted. Spokespeople for the agency and for Revenue Minister Diane Lebouthillier would not provide further information about Wednesday's raids.
West Vancouver police confirmed two of its officers were involved in executing a search warrant there, in a supporting role to CRA agents. The force would not divulge any further details.
Glen Jennings, a Toronto defence lawyer specializing in white collar crime, said there's a good chance that tax-evasion charges will ensue.
"Anecdotally, you would think most of those cases that result in search warrants ultimately result in criminal charges being laid," he said.
Sen. Percy Downe says he welcomes 'any effort' on the CRA's part to be more transparent about its enforcement efforts. (CBC)
The Panama Papers leak was revealed in
April 2016 by a global consortium of media outlets, including the CBC
and the Toronto Star in Canada, and a month later the CRA obtained all the records through official channels.
Last month, CBC News reported that while a dozen governments around the world say they've recovered a combined $500 million in unpaid taxes so far thanks to the huge leak of financial records, the CRA has so far not collected a penny.
The stark contrast fuelled continuing criticism of the CRA's effectiveness at catching offshore tax cheats. CBC News has previously reported that few, if any, of the criminal convictions the agency cites in defence of its record actually have anything to do with offshore tax evasion.
The CRA has said numerous times that it is criminally investigating possible tax cheating revealed in the Panama Papers, and that it has executed an unspecified number of search warrants going back as far as summer 2016.
CBC News has repeatedly pressed for the details of those search warrants, which are public court documents, in order to verify the CRA's claims. But the agency, citing taxpayer privacy, previously refused to disclose anything about them — including even basic information like how many there were or what cities the searches were conducted in.
"The CRA over the years has not been doing a very good job at explaining to Canadians what they're doing and why they're doing it," said Sen. Percy Downe, a member of the Senate Liberal caucus, who for years has lambasted the CRA's approach to ferreting out offshore tax cheats.
"Any effort they're making to be more transparent in their activities is obviously welcome."
About 30 criminal investigators from the CRA executed three search warrants in the Toronto area, Calgary and West Vancouver, with assistance from the RCMP and the West Vancouver police, the CRA said in a statement online.
It's the first time the revenue agency has publicly disclosed details of any of the "several criminal investigations" it has long said it is conducting based on the Panama Papers leak, and could be a sign the CRA is preparing to bring rare criminal charges against people hiding money offshore.
"The CRA's investigation identified a series of transactions involving foreign corporations and several transfers through offshore bank accounts used, allegedly, to evade taxes," the agency said.
The CRA did not identify which people, businesses or locations were targeted. Spokespeople for the agency and for Revenue Minister Diane Lebouthillier would not provide further information about Wednesday's raids.
West Vancouver police confirmed two of its officers were involved in executing a search warrant there, in a supporting role to CRA agents. The force would not divulge any further details.
Glen Jennings, a Toronto defence lawyer specializing in white collar crime, said there's a good chance that tax-evasion charges will ensue.
"Anecdotally, you would think most of those cases that result in search warrants ultimately result in criminal charges being laid," he said.
Last month, CBC News reported that while a dozen governments around the world say they've recovered a combined $500 million in unpaid taxes so far thanks to the huge leak of financial records, the CRA has so far not collected a penny.
The stark contrast fuelled continuing criticism of the CRA's effectiveness at catching offshore tax cheats. CBC News has previously reported that few, if any, of the criminal convictions the agency cites in defence of its record actually have anything to do with offshore tax evasion.
The CRA has said numerous times that it is criminally investigating possible tax cheating revealed in the Panama Papers, and that it has executed an unspecified number of search warrants going back as far as summer 2016.
CBC News has repeatedly pressed for the details of those search warrants, which are public court documents, in order to verify the CRA's claims. But the agency, citing taxpayer privacy, previously refused to disclose anything about them — including even basic information like how many there were or what cities the searches were conducted in.
"The CRA over the years has not been doing a very good job at explaining to Canadians what they're doing and why they're doing it," said Sen. Percy Downe, a member of the Senate Liberal caucus, who for years has lambasted the CRA's approach to ferreting out offshore tax cheats.
"Any effort they're making to be more transparent in their activities is obviously welcome."
Read more about the recent Paradise Papers leak:
- CBC's full coverage
- Trudeau's chief fundraiser linked to Cayman Islands tax scheme
- Queen's estate 'not aware' it held indirect offshore investment in stores accused of exploiting poor
- More than 3,000 Canadian names in the Paradise Papers
- Canadian scalper's multimillion-dollar StubHub scheme exposed in Paradise Papers
- BMO's offshore dealings detailed in Paradise Papers leak
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