Walt Anderson - Story of Criminal Tax Fraud - Draft of Slides

Walt Anderson – Story of Criminal Tax Fraud
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http://sites.google.com/site/tangledskein200/
http://tangledskein200.wordpress.com
… 52 slides, enough for each week of the year.

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SEC Filings, 1999
Where is “Smaller World” Trust in SEC Disclosure?
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February 2005 Arraignment Hearing: Swidler
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February 2005 Arraignment Hearing: Swidler
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No “Exoneration”
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http://www.docstoc.com/docs/39680587/Tax-Court-20364-07-May-12-2010-Order
Moreover, Mr . Anderson’s opposition and cross-motion
reveals a persistent fallacy . He states (at 1-2) :
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I personal[ly] have been accused of fraud . * * *
Each day that goes by without a resolution is painful and difficult.
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However, Mr . Anderson not only was “accused” but also pleaded guilty to the
crime of tax evasion with respect to the years 1998 and 1999 . The
“resolution” of this matter therefore already occurred in September 2006
when the District Court accepted his plea and entered against him a
conviction of guilt . The Tax Court has no power to overturn a criminal
conviction, and we have already held (in our Memorandum Opinion issued in
this case on February 24, 2009) that Mr. Anderson’s criminal conviction
collaterally estops him from disputing the IRS’s civil fraud determination for
those years . The parties’ crossmotions for summary judgment on the
remaining issues in this case will not be an occasion to revisit that issue .
Though it may be painful and difficult, Mr. Anderson’s fraud is a
settled matter for purposes of this tax deficiency suit.
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U.S. Tax Court Order, SERVED May 13 2010
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Tax havens used by Walt Anderson and Gold & Appel
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In August 2000, Anderson and two of
his companies borrowed $14.3 million from Donald Burns,
his longtime friend, in connection with an unrelated
investment. Subsequently, the loan agreement between
Anderson and Burns was restructured on more than one
Red Tulip
occasion due to Anderson's inability to make timely
payments. Accordingly, in separate agreements executed
in March and November 2001, Anderson pledged Entree's
majority ownership interest in Red Tulip as additional
collateral for the loan.
http://sites.google.com/site/tangledskein200/redtulips
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Junia Hissa Neiva,

Donald Burns,
Palm Beach
Mortgage
Management, Red
Tulip, etc.
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http://tangledskein200.wordpress.com http://sites.google.com/site/tangledskein200/
$272 million or more of eligible tax losses … but for complete tax evasion and fraud
Tax fraud avoids taking tax losses

and just evades all tax:
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… had a passport from British Guyana, according to

the indictment in the criminal case U.S. v. Anderson
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TAX COURT: WALTER ANDERSON HAS TO PAY UP.

February 26, 2009
http://www.rothcpa.com/archives/cat_walt.php
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Red Tulip
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http://tangledskein200.wordpress.com http://sites.google.com/site/tangledskein200/
In Anderson Case, Uneasy Role for Firms Corporate lawyers could face questions in tax fraud trial
Jason McLurem
Legal Times May 31, 2005
http://www.law.com/jsp/article.jsp?id=1117184717977
A handful of law firms face being pulled into the largest tax fraud case in U.S. history. . . . he case, in the U.S. District Court for the District of
Columbia, is focused on whether Anderson -- one of the highest-flying telecom entrepreneurs during the 1990s -- allegedly used an intricate
series of transactions involving offshore companies to hide $450 million in assets from the tax collector. . . . Among those, Swidler had the
longest relationship with Anderson. For more than a decade, it was Anderson's primary counsel on dozens of business matters involving
regulatory, corporate, and litigation work. For a time, Anderson even lived in a building next door to the firm. . . . Swidler partners contacted
for this article declined to comment, but a spokeswoman for the firm issued a statement saying: "Swidler Berlin was never engaged to
provide Walter Anderson legal advice regarding any personal tax issue. We have been advised by the Department of Justice that it views
Swidler Berlin attorneys only as witnesses in this investigation."
LONGTIME RELATIONSHIP
There is no evidence that Swidler attorneys are -- or could be -- the subject of any investigation, and prosecutors assert in court documents
that Anderson lied to his "accountants and others." . . . Swidler provided corporate services for Gold & Appel early on. In 1993, according to a
document obtained by The Washington Post, Swidler attorneys filed a letter with the Securities and Exchange Commission stating that
"Anderson controls Gold & Appel and is the beneficial owner of substantially all of the equity of Gold & Appel." The letter, the Post says,
states that the movement of assets to the offshore company was "for valid business purposes and not for tax avoidance purposes." . . . As
Anderson grew wealthier by investing in a series of startup telecom companies, his relationship with Swidler grew. By the height of the
telecom boom, say two former Swidler attorneys who spoke on condition of anonymity, Anderson was one of the largest clients of Swidler's
80-attorney telecom group -- a practice with 300 to 400 clients, including companies such as WorldCom Inc. . . . Anderson's key relationship
partners at Swidler, say lawyers who worked at the firm, were rainmaker Andrew Lipman, one of Washington's best-known telecom
regulatory lawyers, and John Klusaritz, a tax specialist who once lectured at Harvard Law School's international business and tax program
and who now chairs the firm's corporate practice.
According to SEC documents, work from Anderson and the companies he controlled went to other Swidler attorneys as well: Andrew Ray,
Morris DeFeo, Sean McGuinness. And other Swidler attorneys helped Anderson and Gold & Appel buy and sell stakes in telecom companies
and advised him and his companies in dealings with federal regulatory agencies. (DeFeo and McGuinness have since left the firm.) . .
. Swidler lawyers also represented Anderson in disputes with other investors and the federal government. White-collar defense partners
Warren Fitch, James Hamilton, and Michael Levy represented Anderson in the early phases of the criminal investigation into his personal
taxes, and as late as last fall, litigators Michael Lichtenstein and Steven Tave (both of whom have left the firm) represented him before the 4th
U.S. Circuit Court of Appeals in a civil suit brought by one of Anderson's business partners.... Lipman, McGuinness, Tave, and Levy declined
to comment on questions regarding Anderson. Klusaritz, Ray, DeFeo, Hamilton, and Fitch did not return phone messages. ...In June 1997,
court records show, Klusaritz filed a shareholder agreement with the SEC for Telco Communications, a Chantilly, Va.-based long-distance
provider in which Gold & Appel, with Anderson as its signatory, owned a 25 percent stake. . . . Less than a week later, Telco announced its
sale to a rival for $1.1 billion. Gold & Appel, the Anderson-controlled offshore company, ultimatelyreaped about $90 million in cash as well as
several million shares in the newly combined company. . . . The indictment against Anderson charges him with failing to report more than $91
million in foreign earnings from Gold & Appel that year. An SEC filing a year before the sale states that Anderson "disclaims beneficial
ownership" of Gold & Appel. . . .
In 1999, a year in which the government says Anderson failed to report more than $230 million in earnings, Esprit was sold to a larger
competitor. On paper, the deal meant a $190 million payday for Gold & Appel.
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Moreover, Mr . Anderson’s opposition and cross-motion
reveals a persistent fallacy . He states (at 1-2) :
-
I personal[ly] have been accused of fraud . * * *
Each day that goes by without a resolution is painful and difficult.
-
However, Mr . Anderson not only was “accused” but also pleaded guilty to the
crime of tax evasion with respect to the years 1998 and 1999 . The
“resolution” of this matter therefore already occurred in September 2006
when the District Court accepted his plea and entered against him a
conviction of guilt . The Tax Court has no power to overturn a criminal
conviction, and we have already held (in our Memorandum Opinion issued in
this case on February 24, 2009) that Mr. Anderson’s criminal conviction
collaterally estops him from disputing the IRS’s civil fraud determination for
those years . The parties’ crossmotions for summary judgment on the
remaining issues in this case will not be an occasion to revisit that issue .
Though it may be painful and difficult, Mr. Anderson’s fraud is a
settled matter for purposes of this tax deficiency suit.
-
U.S. Tax Court Order, SERVED May 13 2010
-
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Walt Anderson - Story of Criminal Tax Fraud - Draft of Slides

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Walt Anderson - Story of Criminal Tax Fraud - Draft of Slides

Transféré par

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Formats disponibles

Walt Anderson – Story of Criminal Tax Fraud

… 52 slides, enough for each week of the year.

SEC Filings, 1999

Where is “Smaller World” Trust in SEC Disclosure?

February 2005 Arraignment Hearing: Swidler

February 2005 Arraignment Hearing: Swidler

Tax havens used by Walt Anderson and Gold & Appel

Junia Hissa Neiva,

Tax fraud avoids taking tax losses

… had a passport from British Guyana, according to

TAX COURT: WALTER ANDERSON HAS TO PAY UP.

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