ATO Submission Inquiry into penalties for white collar crime
|
|
- Reynard Baker
- 8 years ago
- Views:
Transcription
1 ATO Submission Inquiry into penalties for white collar crime Senate Economics References Committee 1 April 2016 EXTERNAL UNCLASSIFIED
2 Table of Contents Introduction... 3 Executive summary... 3 The scope of this submission... 3 White-collar crime in a tax context... 4 The penalty regime applicable to tax crime... 4 (A) Administrative penalties... 4 (B) Civil penalties... 5 (C) Taxation offences... 6 (D) Serious tax crime prosecutions... 7 Observations about the current penalty regime
3 Introduction 1. The Australian Taxation Office (ATO) welcomes the opportunity to contribute to this inquiry by the Senate Economics References Committee (the Committee) into penalties for white-collar crime. This submission focusses on whether the current criminal, civil and administrative penalties that apply to tax crime are working as intended to change behaviour and deter others from engaging in tax crime. Executive summary 2. This submission focusses on the penalty regime as it applies to tax crime. 3. The current penalty regime in Australia which deals with tax crime is broadly consistent with comparable countries including the UK, United States and Canada. This penalty regime provides the ATO with a range of treatment options that can be applied to behaviour according to its level of culpability and seriousness. 4. Overall, the current penalty framework is considered to be fit for purpose in terms of its structure, the variety of penalty options it affords to treat white-collar crime, and the maximum levels of penalties and criminal sanctions. In addition, the ATO has a range of powers which support our ability to collect the financial penalties that we impose. The laws include the ability to garnishee bank accounts and prevent taxpayers with a taxation liability from leaving the country. Generally we believe that these laws are effective in supporting the collection of penalties levied. The scope of this submission 5. The success of Australia s tax and superannuation system depends upon the cooperation of taxpayers. The ATO s primary focus is on making it easier for the vast majority of committed taxpayers to comply with the law. We are designing and implementing a system that fosters willing participation and encourages future compliance. Our research indicates that penalties play a minor role with taxpayers who are willing to comply, whereas education programs, clear guidance and, as required, audit activities, will usually have the desired effect. 6. Penalties can and do play an important role in influencing the small group of taxpayers who participate in tax crime. Penalties for this group are an important form of punishment and signal to the community that tax crime will attract serious consequences. 3
4 White-collar crime in a tax context 7. Tax crime relates to instances where people intentionally and dishonestly do not meet their tax obligations, generally either through not disclosing income they have earned or by mis-stating their deductions. Behaviours can range from deliberately not disclosing cash receipts from business activities, to the hiding of assets and related income in tax havens as typified by Project Wickenby 8. Tax crime also comprises fraudulent attacks on the tax system, often facilitated by identity theft, such as income tax or GST refund frauds. 9. It is important to distinguish tax crime from tax avoidance. Tax avoidance is a form of tax planning that goes beyond what would be considered as normal family or commercial dealings, but instead is motivated primarily by the tax benefits argued to be legally available through the adopted scheme. Australia has very strong laws to combat tax avoidance, and tax avoidance can also attract significant administrative penalties, but tax avoidance is not a criminal breach of the tax laws and is accordingly beyond the scope of this submission. The penalty regime applicable to tax crime 10. The ATO administers over 80 different types of penalties across the tax and superannuation systems. 11. There are four categories of penalties that can be applied to treat tax crime: administrative penalties, civil penalties, taxation offences and serious tax crime prosecutions. These are explained below. (A) Administrative penalties 12. Administrative penalties are imposed by the tax law, and are usually linked to the tax assessment process. A uniform administrative penalty regime applies to all taxation laws (defined broadly) and is contained in Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 (TAA 1953). 13. The most commonly applied administrative penalty for tax crime that results in an underpayment of tax is the imposition of a 75% penalty for intentional disregard of the tax laws: subsection (1) in Schedule 1 to the TAA The test for intentional disregard is subjective the intention of the taxpayer is a critical element. Dishonesty is a requisite feature of behaviour showing an intentional disregard for the operation of the law. Evidence of intention must be found through direct evidence or by inference from all the surrounding circumstances, including the conduct of the entity. The base penalty amount of 75% of the tax shortfall can be uplifted by another 20% (to a total of 4
5 90% of the tax shortfall) where the taxpayer has engaged in repeat offending or been a hindrance. Note that a 75% penalty is also imposed by the law for failure to lodge a return which can also be consistent with fraud or evasion by omitting to report income. 14. Where administrative tax penalties are applied in relation to tax shortfalls, the value of the penalty is proportionate to the amount of the wrongful gain, i.e. the penalty is a percentage of the amount of the tax shortfall. For example a taxpayer who has intentionally disregarded the law and evaded $100,000 in tax, will be subject to a 75% penalty which totals $75,000. This penalty must be paid in addition to the primary tax evaded ($100,000) and interest charges. 15. Overall penalty statistics are reported in the ATO Annual Report: 1 Table 1: Administrative penalties Penalties Applicable 1,574 3,999 1,633 Remitted 93 1, Collected Note: The majority of administrative penalties applied by the ATO are not directly relevant to tax crime (and therefore not relevant to the scope of this submission). They are rather at the lower end of culpability, primarily in relation to failure by a taxpayer to take reasonable care. A significant portion of these lower level penalties are remitted for a range of reasons including: the taxpayer having a good compliance record, the taxpayer making a voluntary disclosure about their tax affairs, the taxpayer cooperating with the ATO or following an approach consistent with the general administrative practice of the ATO. (B) Civil penalties 16. Civil penalties are imposed by a court upon application of the Commissioner of Taxation. Whilst we have not yet tested these types of penalties in relation to tax crime, the promoter penalty regime penalises those found to be promoting a tax exploitation scheme: Division 290 in Schedule 1 to the TAA 1953 can be applied to a white collar criminal who promotes a fraudulent tax evasion scheme to unwitting investors. Prior to the introduction of the promoter penalties in 2006, there was an imbalance in sanctions, creating risks for taxpayers, while promoters often escaped any liability, outside of a criminal conviction. The use of the promoter penalty regime in preference to a criminal investigation would be influenced by factors such as the availability of evidence to support the higher burden of proof required for a criminal conviction. 1 ATO Annual Report (NAT ), pp
6 17. In terms of proportionality, these civil penalties can be extremely effective as a deterrent due to their ability to impact on the promoter s professional career. The Federal Court on application by the Commissioner can order an entity to pay a civil penalty or grant an injunction. The maximum penalty that may be imposed by the court is the greater of 5,000 penalty units (i.e. $900,000) for an individual or 25,000 penalty units for a body corporate (i.e. $4.5M) and twice the consideration received directly or indirectly by the entity or its associates in respect of the scheme. (C) Taxation offences 18. Taxation offences are summary offences prosecuted by the ATO 2 (and the Commonwealth Director of Public Prosecutions for defended matters) and heard and determined by a court following the issue of a complaint and summons/court attendance notice. These offences primarily relate to non compliance with lodgement obligations, making false or misleading claims on ATO forms, keeping false records and failing to respond to questions when required to do so. These offences are contained in Part III of the TAA Maximum fines for most of these offences for individuals and corporations are 20 penalty units (i.e. $3,600) for a first offence, rising for subsequent offences. Penalties for third offences and failing to comply with court orders can include imprisonment. 19. Summary prosecutions results are published on the ATO website: 3 Table 2: Summary prosecutions / taxation offences Year Cases Convictions Dismissals and Withdrawals Fines ,614 1, ,773 1, ,944 1, In terms of proportionality, whilst the maximum fine awarded by the court pursuant to a summary prosecution can be far less than the actual tax evaded, a convicted person or entity can also be ordered to pay up to double or, for subsequent offences, treble the amount of tax avoided: sections 8HA, 8W of the TAA Under agreement with the Commonwealth Director of Public Prosecutions 3 ATO, 2015, 6
7 (D) Serious tax crime prosecutions 21. Prosecutions of criminal offences pursuant to the Criminal Code Act 1995 (Criminal Code) are the heaviest sanction available to treat tax crime and are imposed by a court following a criminal investigation conducted by the ATO, Australian Federal Police or Australian Crime Commission. Straightforward cases can be prosecuted by the ATO however most are prosecuted by the Commonwealth Director of Public Prosecutions. The main offences applicable to tax crime are: section 134.1(1) Criminal Code dishonestly obtaining Commonwealth property section 134.2(1) Criminal Code obtain financial advantage by deception section 135.4(3) Criminal Code dishonestly cause a loss to the Commonwealth. 22. The maximum penalty for offences against sections 134.1(1), 134.2(1) and 135.4(3) of the Criminal Code is 10 years imprisonment. 23. Serious tax crime prosecutions results are published on the ATO website. 4 Table three provides information relating to convictions from all matters referred to the Commonwealth Director of Public Prosecutions by the ATO. These convictions have resulted from behaviour ranging from opportunistic fraud to organised criminal attacks. Table 3: Serious tax crime prosecutions Year Cases Convictions Custodial sentences Reparation Orders Court Fines $ , , , In respect of serious white collar crime Project Wickenby, a multi-agency taskforce aimed at protecting Australia s financial and regulatory systems by preventing people from promoting or participating in the abusive use of secrecy jurisdictions achieved significant results. 5 These included 46 serious tax crime convictions up until 30 June 2015 (some cases are ongoing), 6 69 prosecutions for taxation offences, $2.297 billion in liabilities raised (of which administrative penalties for intentional disregard were an integral part) and $ million in money recouped. 25. In terms of proportionality, we have seen a continuing trend for harsher sentencing in relation to a number of the high profile Wickenby cases. 4 ATO, 2015, The Project Wickenby joint agency focus is now being managed through the Serious Financial Crime Taskforce. 7
8 26. In sentencing one of the promoters of tax evasion schemes involving Vanuatu arrangements, the New South Wales Supreme Court noted the following in handing down the head sentence of 8 years and 11 months: 7 It is hardly necessary to say that offences such as these call for sentences containing a strong element of general deterrence The Australian taxation system, based as it is on selfassessment, depends for its integrity upon the honesty of citizens. Of course, there will always be those who choose to cheat. They are cheating their fellow citizens, casting a greater burden on each of them. Further, when it is known that the system can be, and is, cheated, the very structures of society are damaged. The self-assessment system depends not only on the honesty of taxpayers, but on the confidence of taxpayers that others will make their proper contributions, or that, if they do not, they will be adequately punished. 27. In the case of Hili v The Queen; Jones v The Queen [2010] HCA 45, the High Court, in agreeing that the original jail sentences of seven months were manifestly inadequate, emphasised the importance of general deterrence as a sentencing consideration for serious tax crime. The sentences had been increased to a minimum 18 months by the New South Wales Court of Appeal and the High Court confirmed these sentences. 28. In addition to the above four categories of penalties, there are a range of other treatment options available to the Commissioner of Taxation to combat tax crime and assist partner law enforcement agencies in disrupting serious crime. For example, the ATO is an enforcement agency under the Proceeds of Crime Act 2002 (POCA) and through the Criminal Assets Confiscation Taskforce we co-operate with partner law enforcement agencies such as the Australian Federal Police to maximise confiscation efforts. The ATO is included in the Commonwealth s strategic, capability-led approach to combating serious and organised crime as an agency with shared responsibility for addressing the impact on Australia of serious and organised crime. The Commissioner of Taxation is a member of the Australian Crime Commission Board and of the Heads of Commonwealth Operational Law Enforcement Agencies (HOCOLEA). The ATO is a member of the Serious and Organised Crime Coordination Committee, as well as the Joint Management Group and Joint Operation Groups. The Serious Financial Crime Taskforce is continuing the cross-agency co-operation which was a feature of Project Wickenby, and allows all partner agencies to take a broader view of the treatment options available to combat white-collar crime. 7 R v. Agius [2012] NSWSC 978 per Simpson J, at para 63. 8
9 Observations about the current penalty regime 29. Australia s penalty regime applicable to tax crime is broadly consistent with other comparable countries including the USA, UK and Canada. All jurisdictions impose penalties which generally increase proportionately to the level of harm the behaviour may result in, whilst also considering the offender s level of culpability. Another similarity is the tendency to utilise different types of penalties. These include administrative penalties, such as fines and infringement notices, civil penalties (which have a lower burden of proof) and also criminal penalties which are typically imposed in instances of dishonesty, intentional or reckless behaviour. A snapshot of the maximum financial penalties and jail terms available in these countries is provided below: Country Maximum administrative financial penalty for tax crime Maximum jail term for tax fraud Australia 90% of the tax shortfall 10 years Canada 200% of the tax shortfall 14 years UK 200% of the tax shortfall 10 years USA 75% of the tax shortfall 5 years (however other provisions may apply) Note: that the maximum administrative financial penalties and jail terms may only apply in certain, specified circumstances and may not be applicable to all forms of tax crime. 30. Australia s penalty regime for tax crime provides for a variety of treatment options that can be applied to behaviour according to the level of culpability and seriousness. 31. Overall, the penalty regime for tax crime appears to be fit for purpose in terms of its structure, the variety of penalty options and the maximum levels of penalties and criminal sanctions available. In addition, the ATO has a range of powers which support our ability to collect the financial penalties that we impose. The laws include the ability to garnishee bank accounts and Departure Prohibition Orders (DPOs) which prevent taxpayers with a taxation liability from leaving Australia. In practice, DPOs are rarely issued and usually only where significant revenue is at risk. As of 30 March 2016, there were 14 DPOs on hand. Between 1 July 2014 and 30 June 2015, nine DPO s were issued and five revoked. To further ensure that a DPO is appropriate to remain in force, quarterly case reviews are conducted for all active DPOs. It should be noted that the ATO may issue a DPO where it believes the revenue is at risk. Consequently not all of the DPO s issued by the ATO at any one time will relate to white-collar criminal activity. Generally we believe that these laws are effective in supporting the collection of penalties levied against white collar criminals. 9
Department of Communications. Enhancing Online Safety for Children Discussion Paper. Submission by the Australian Federal Police
Department of Communications Enhancing Online Safety for Children Discussion Paper Submission by the Australian Federal Police March 2014 1 Introduction The AFP welcomes the opportunity to make a submission
More informationFraud Act 2006 CHAPTER 35 CONTENTS
Fraud Act 2006 CHAPTER 35 CONTENTS Fraud 1 Fraud 2 Fraud by false representation 3 Fraud by failing to disclose information 4 Fraud by abuse of position 5 Gain and loss 6 Possession etc. of articles for
More informationTax Agent Services Act 2009
Tax Agent Services Act 2009 No. 13, 2009 An Act to establish the Tax Practitioners Board and to provide for the registration of tax agents and BAS agents, and for related purposes Note: An electronic version
More informationAPPENDIX 4: INTERNATIONAL COMPARISONS
APPENDIX 4: INTERNATIONAL COMPARISONS The Review has examined the income tax assessment systems in Canada, New Zealand (NZ), the United Kingdom (UK) and the United States (US). This Appendix provides an
More informationPenalties for corporate wrongdoing
REPORT 387 Penalties for corporate wrongdoing March 2014 About this report This report outlines the penalties available for a range of corporate wrongdoing under legislation administered by the Australian
More informationFraud, Bribery and Money Laundering Offences Definitive Guideline DEFINITIVE GUIDELINE
Fraud, Bribery and Money Laundering Offences Definitive Guideline DEFINITIVE GUIDELINE Fraud, Bribery and Money Laundering Offences Definitive Guideline 1 Contents Applicability of guideline 4 Fraud 5
More informationTAX INVESTIGATION FRAMEWORK. Translation from the original Bahasa Malaysia text.
MALAYSIA TAX INVESTIGATION FRAMEWORK Bahasa Malaysia text. EFFECTIVE DATE: 1 JANUARY 2007 MALAYSIA Effective Date: 1 January 2007 CONTENTS Page 1. INTRODUCTION 1 2. STATUTORY PROVISIONS 1 3. WHAT IS TAX
More informationCrimes (Serious Sex Offenders) Act 2006 No 7
New South Wales Crimes (Serious Sex Offenders) Act 2006 No 7 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definitions of serious sex offence
More informationRedefining the Tax Emasion Industry in Australia
Journal of the Australasian Tax Teachers Association 2006 Vol. 2 No. 1 NEW TAX LAWS TO DETER PROMOTERS OF TAX EXPLOITATION SCHEMES RACHEL TOOMA The recently enacted Australian promoter penalty provisions
More information017 Fit and proper person policy statement v1.0
017 Fit and proper person policy statement v1.0 Purpose 1. The purpose of this policy statement is to provide the Board s interpretation of the term fit and proper person in Part 2.4 of the Legal Profession
More informationCivil Justice Council response to Insurance Task Force interim report. May 2015
Civil Justice Council response to Insurance Task Force interim report May 2015 The CJC welcomes an initiative to combat insurance fraud, which is not always easy to detect, but is a crime, and does lead
More informationAdditional Tax, Penalty and Prosecution
Index Additional Tax, Penalty and Prosecution 1. Section 205. Additional tax.-... 462 2. Section 182. Penalty for failure to furnish a return or statement.-... 463 3. Section 183. Penalty for non-payment
More informationDirectors and Tax Exposures
Directors and Tax Exposures Denis Barlin denis@sbnlawyers.com.au SBN Lawyers Pty Ltd Overview 1. Information gathering powers 2. Directors penalty notices 3. s. 8Y Taxation Administration Act 4. s. 21B
More informationVNSNY CORPORATE. DRA Policy
VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES
More informationNATIONAL COMPLIANCE AND ENFORCEMENT POLICY
1. Introduction NATIONAL COMPLIANCE AND ENFORCEMENT POLICY The Commonwealth, state and territory governments have agreed to harmonised work health and safety laws to improve work health and safety, provide
More informationModel Spent Convictions Bill - Consultation paper
Model Spent Convictions Bill - Consultation paper Background The Standing Committee of Attorneys-General is working on a project to design a national model Bill for a spent-convictions scheme. A spentconvictions
More informationCompliance and enforcement. How regulators enforce the Australian Consumer Law
Compliance and enforcement How regulators enforce the Australian Consumer Law This publication was developed by: Australian Capital Territory Office of Regulatory Services Australian Competition and Consumer
More informationThe Department Of Enforcement Action And Procedure
\ Enforcement Guidelines Prepared by: Litigation Unit, Department of Environment and Heritage Protection State of Queensland, 2015 The Queensland Government supports and encourages the dissemination and
More informationPENALTIES FOR TAX EVASION
PENALTIES FOR TAX EVASION This issue of the Legal Business Report provides current information to the clients of Alpert Law Firm on Tax Evasion under the Income Tax Act (Canada) and the possible challenges
More informationEDUCATION ABOUT FALSE CLAIMS RECOVERY
Type: MGI Corporate Policy Number: M 700 Effective Date: June 2014 Supersedes: AP 201, 4/12 Revised: 6/14 EDUCATION ABOUT FALSE CLAIMS RECOVERY I. PURPOSE This policy is intended to ensure compliance with
More informationHERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions
HERITAGE FARM POLICY AND PROCEDURES Policy: False Claims Act and Whistleblower Provisions Date: October 8, 2013 Rationale: It is Heritage Farm s intent to make sure all claims are submitted in a timely
More informationCRIMINAL INVESTIGATIONS AND PROSECUTIONS OF TAX FRAUD CASES GUIDELINES
STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE W.A. HARRIMAN CAMPUS ALBANY, NY 12227 CRIMINAL INVESTIGATIONS AND PROSECUTIONS OF TAX FRAUD CASES GUIDELINES Introduction Criminal sanctions play an
More informationCombating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12
Combating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12 Responsible to: President & CEO Date: December 2005 PURPOSE It is the policy of Shepherd
More informationFEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE
FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated
More informationHC 677 SesSIon 2010 2011 17 December 2010. HM Revenue & Customs. Managing civil tax investigations
Report by the Comptroller and Auditor General HC 677 SesSIon 2010 2011 17 December 2010 HM Revenue & Customs Managing civil tax investigations 4 Summary Managing civil tax investigations Summary 1 In 2009-10,
More informationOpinion Statement of the CFE. on the proposed Directive. on the fight against fraud to the EU s financial interests. by means of criminal law
Opinion Statement of the CFE on the proposed Directive on the fight against fraud to the EU s financial interests by means of criminal law COM(2012)363 Prepared by the CFE Fiscal Committee Submitted to
More informationCompensation Compliance and Enforcement Policy
Information about Compensation Compliance November 2010 Contents About WorkSafe 1 Our vision 1 Our mission 1 Our values 1 Compensation Compliance 2 WorkSafe s role 2 Victoria s accident compensation laws
More informationEnforced subject access (section 56)
ICO lo Enforced subject access (section 56) Data Protection Act Contents Introduction... 2 Overview.3 The criminal offence.... 3 Exceptions and penalties.... 7 Relevant records....... 8 Other considerations
More informationTAX AND SUPERANNUATION LAWS AMENDMENT (2014 MEASURES NO.#) BILL 2014: EXPLORATION DEVELOPMENT INCENTIVE EXPLANATORY MATERIAL
TAX AND SUPERANNUATION LAWS AMENDMENT (2014 MEASURES NO.#) BILL 2014: EXPLORATION DEVELOPMENT INCENTIVE EXPLANATORY MATERIAL Table of contents Glossary... 1 Chapter 1 Exploration development incentive...
More informationAppendix L: Nebraska s False Medicaid Claims Act Nebraska Statues Chapter 68 November 2013 Section 68-935 Terms, defined.
Appendix L: Nebraska s False Medicaid Claims Act Nebraska Statues Chapter 68 November 2013 Section 68-935 Terms, defined. For purposes of the False Medicaid Claims Act: A. Attorney General means the Attorney
More informationModern Slavery Act 2015
Modern Slavery Act 2015 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 14.25 Modern Slavery Act 2015 CHAPTER 30 CONTENTS PART 1
More informationUNDERSTANDING SIS CONCEPTS
This article provides an understanding of the SIS concepts relating to superannuation funds. Regulated Superannuation Fund Whether a fund is established as a SMSF or not, all funds must be a "regulated
More informationADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS
Corporate Compliance Plan AD-819-0 Reporting of Compliance Concerns & Non-retaliation AD-807-0 Compliance Training Policy CFC ADMINISTRATIVE POLICY AD-819-1 SECTION: CORPORATE COMPLIANCE Revised Date:
More informationWITNESS PROTECTION ACT
LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 696 WITNESS PROTECTION ACT 2009 As at 1 May 2013 2 WITNESS PROTECTION ACT 2009 Date of Royal Assent............... 18 April 2009 Date of publication
More informationDRIVER LICENCE DISQUALIFICATION REFORM
Submission No 23 DRIVER LICENCE DISQUALIFICATION REFORM Organisation: Legal Aid NSW Name: Ms Pilar Lopez Position: Solicitor Date Received: 26/07/2013 INQUIRY INTO DRIVER LICENCE DISQUALIFICATION REFORM
More informationThe following abbreviations and acronyms are used throughout this explanatory memorandum. Australian Taxation Office
Glossary The following abbreviations and acronyms are used throughout this explanatory memorandum. ATO Commissioner Convention CRS Abbreviation CRS Commentary FATCA MCAA OECD Definition Australian Taxation
More informationDomain Name Suspension Request
Domain Name Suspension Request EASYDNS This Alert is issued by the United Kingdom s Police Intellectual Property Crime Unit (PIPCU). It provides you with notification of a domain(s) directly linked to
More informationOliver Biernat ITPG Global Chairman
Oliver Biernat ITPG Global Chairman ITPG-Meeting, GGI North American Conference, New Orleans, 15 May 2014 Introduction What do you know about the Hoeneß case? (1) Swiss and Luxemburg banks urge their clients
More informationChapter 6. Commonwealth offences
Chapter 6 Commonwealth offences Chapter 6 Commonwealth offences A. Introduction.... (6-1) B. Jurisdiction... (6-2 6-5) C. Common offences index.... (6-6 6-7) D. Sentencing.... (6-8 6-12) E. Appeals...
More informationCoffee Regional Medical Center FALSE CLAIMS EDUCATION
Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey
More informationBoard Notices Raadskennisgewings
158 Long-term Insurance Act (52/1998): Registrar Of Long-term Insurance And Short-term Insurance 39095 4 No. 39095 GOVERNMENT GAZETTE, 14 AUGUST 2015 Board Notices Raadskennisgewings BOARD NOTICE [ -]
More informationIRS Penalties: Running Afoul of the Tax Code
IRS Penalties: Running Afoul of the Tax Code The income tax system of the United States is essentially based on the notion of voluntary compliance. You are expected to report and remit the income you ve
More informationFEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733)
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS 1) Federal False Claims Act (31 USC 3729-3733) II. NEW YORK STATE LAWS A. CIVIL AND ADMINISTRATIVE LAWS 1) New York False Claims
More informationCGU PROFESSIONAL RISKS
CGU PROFESSIONAL RISKS BUSINESS PROTECTION MANAGEMENT LIABILITY INSURANCE Summary of significant changes Business Insurance Policy (CGU BPML 11-15) Replacing Lumley Policy Policy General Definitions Authority
More informationThe I.R.S. Amnesty Program & The New Streamlined Filing Compliance Procedures
TOPICS IN THE SEMINAR INCLUDE: The I.R.S. Amnesty Program & The New Streamlined Filing Compliance Procedures By Richard S. Lehman, Esq. TAX ATTORNEY www.lehmantaxlaw.com SEMINAR INTRODUCTION by Richard
More informationPolicy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act
Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act SCOPE OF POLICY This policy applies to all CFS employees, including trainees, volunteers,
More informationCasino, Liquor and Gaming Control Authority Act 2007 No 91
New South Wales Casino, Liquor and Gaming Control Authority Act 2007 No 91 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Meaning of gaming and liquor legislation
More informationIncreasing the Magistrates Court fine limit Equality Impact Assessment
Increasing the Magistrates Court fine limit Equality Impact Assessment Introduction The Ministry of Justice tabled Government amendments at the Commons Report stage of the Legal Aid, Sentencing and Punishment
More informationAustralian Charities and Not-for-profits Commission: Regulatory Approach Statement
Australian Charities and Not-for-profits Commission: Regulatory Approach Statement This statement sets out the regulatory approach of the Australian Charities and Not-for-profits Commission (ACNC). It
More informationDeficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery
DMH S&P No. 1 Revision No. N/A Effective Date: 01/01/07 COMPLIANCE STANDARD: Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery BACKGROUND AND PURPOSE As stated in its Directive
More informationHANDOUT 1: Purpose and Principles of Sentencing in Canada
HANDOUT 1: Purpose and Principles of Sentencing in Canada Principles of Sentencing The Criminal Code of Canada outlines the principles and purpose of sentencing in s. 718. These principles are placed in
More informationYour Responsibilities as a Director of a Company. www.moorestephenswa.com.au. Serious about Success
Your Responsibilities as a Director of a Company www.moorestephenswa.com.au Serious about Success www.moorestephenswa.com.au Introduction As a director of a company you have numerous responsibilities.
More informationTax administration changes to raise additional revenue over time
Tax administration changes to raise additional revenue over time Background paper for Session 3 of the Victoria University of Wellington Tax Working Group September 2009 Prepared by officials from the
More informationSafeguarding your organisation against terrorism financing. A guidance for non-profit organisations
Safeguarding your organisation against terrorism financing A guidance for non-profit organisations Safeguarding your organisation against terrorism financing A guidance for non-profit organisations ISBN:
More informationCardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions
Cardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions Purpose: Cardinal McCloskey Services is committed to prompt, complete and accurate billing of all services
More informationCOUNCIL TAX REDUCTION, DISCOUNT & EXEMPTION ANTI- FRAUD POLICY
COUNCIL TAX REDUCTION, DISCOUNT & EXEMPTION ANTI- FRAUD POLICY December 2014 1 Contents Section Page Council Tax Reduction, Discount & Exemption Anti-Fraud Policy 1 Introduction 3 2 Definition of Council
More informationPurpose of this document
Independent Financial Advisors (IFAs), Mortgage Brokers and Retail Intermediaries: Identifying Risks to your Business and Reporting Suspicious Activity This is a United Kingdom Financial Intelligence Unit
More informationCompliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures
CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:
More informationDAPTO HIGH SCHOOL. YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009
DAPTO HIGH SCHOOL YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009 General Instructions: Reading time 5 minutes Working time 1 ½ hours Write using blue or black pen Write your Student Number/Name
More informationReview into the Australian Taxation Office s approach to debt collection. Terms of reference & submission guidelines
Review into the Australian Taxation Office s approach to debt collection Terms of reference & submission guidelines 26 May 2014 BACKGROUND The Australian Taxation Office (ATO) manages the revenue systems
More informationFAQs Organised Crime and Anti-corruption Legislation Bill
FAQs Organised Crime and Anti-corruption Legislation Bill What is organised crime? Organised crime normally refers to an organisation of criminals who engage in illegal activity on a large, centralised
More informationConsultation Response
Consultation Response Strengthening the regulation of wholesale energy markets through new criminal offences Department of Energy and Climate Change Consultation The Law Society of Scotland s response
More informationStatutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms
Statutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms Background In calling for the culture of the NHS to become more open and honest, Robert Francis QC,
More informationTHE PUNJAB SALES TAX ON SERVICES ACT 2012
THE PUNJAB SALES TAX ON SERVICES ACT 2012 CHAPTER VIII OFFENCES AND PENALTIES 48. Offences and penalties. (1) If a person commits any offence described in column 2 of the Table below shall, in addition
More informationClarity OSS Limited Share Trading Policy
Clarity OSS Limited Share Trading Policy Last updated: December 2011 Table of Contents 1 TRADING OF CLARITY SHARES... 3 2 WHAT IS INSIDER TRADING... 3 3 WHAT IS PRICE SENSITIVE INFORMATION... 3 4 WHO IS
More informationVictims Compensation Regulation 1997
New South Wales Victims Compensation Regulation 1997 under the Victims Compensation Act 1996 His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under
More informationNewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9
Page 1 of 9 TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005 FRAUD AND ABUSE PROVISIONS POLICY: NewYork- Presbyterian Hospital (NYP or the Hospital) is committed to preventing and detecting any fraud, waste,
More informationBERMUDA REHABILITATION OF OFFENDERS ACT 1977 1977 : 6
QUO FA T A F U E R N T BERMUDA REHABILITATION OF OFFENDERS ACT 1977 1977 : 6 TABLE OF CONTENTS 1 3 4 5 6 Entitlement to rehabilitation Sentences that are excluded from rehabilitation Effect of rehabilitation
More informationOur interpretation is Article 12 is that people who lack legal capacity should be supported in decision making.
Phone 02 9310 7722 Freecall 1800 800 708 Fax 02 9310 7788 TTY 02 9310 4320 TTY freecall 1800 644 419 Web www.ddlcnsw.org.au Email info@ddlcnsw.org.au PO Box 989 Strawberry Hills NSW 2012 ABN 15 992 360
More informationSmall Business Grants (Employment Incentive) Act 2015 No 14
New South Wales Small Business Grants (Employment Incentive) Act 2015 No 14 Contents Page Part 1 Part 2 Preliminary 1 Name of Act 2 2 Commencement 2 3 Object of Act 2 4 Definitions 2 Grant scheme 5 Grant
More informationINTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 250 SECTION A - CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS
INTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 250 SECTION A - CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS (Effective for audits of financial statements for periods ending
More informationNegligence. Negligence includes the lack of any reasonable attempt to comply with provisions of the Internal Revenue Code.
IRS PENALTIES The law imposes penalties to ensure that all taxpayers pay their taxes. Some of these penalties are discussed below. If you underpay your tax due to fraud, you may be subject to a civil fraud
More informationAPRA S FIT AND PROPER REQUIREMENTS
APRA S FIT AND PROPER REQUIREMENTS Consultation Paper Australian Prudential Regulation Authority PREAMBLE APRA was created out of the Government s financial sector reforms that were implemented as a result
More information(CHRI) CHECKS OF INDIVIDUALS CONDUCTING BUSINESS IN THE AREA OF INSURANCE AND; 2.)
MR. CHAIRMAN, I AM PLEASED TO APPEAR TODAY ON BEHALF OF THE FBI AND SHARE WITH YOUR SUBCOMMITTEES THE FBI'S PERSPECTIVE ON CRIMINAL HISTORY RECORD INFORMATION CHECKS ON INDIVIDUALS CONDUCTING BUSINESS
More informationLAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY I. SUBJECT: FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTION
File: E-11 LAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY Reviewed and Adopted by the Board: Date: February 28, 2011 Signature on file Elfriede Roman, Superintendent I. SUBJECT: FALSE CLAIMS PREVENTION
More informationCHAPTER 292 THE GAMING AND POOL BETTING (CONTROL AND TAXATION) ACT. Arrangement of Sections.
CHAPTER 292 THE GAMING AND POOL BETTING (CONTROL AND TAXATION) ACT. Arrangement of Sections. Section 1. Interpretation. 2. Prohibition on promoting gaming and pools without licence. 3. Licences. 4. Tax
More informationTackling offshore tax evasion: a new corporate criminal offence of failure to prevent the facilitation of tax evasion
Tackling offshore tax evasion: a new corporate criminal offence of failure to prevent the facilitation of tax evasion Summary of Responses December 2015 Contents Foreword 3 1 Introduction 4 2 Summary of
More informationEducation Services for Overseas Students Act 2000
Education Services for Overseas Students Act 2000 Act No. 164 of 2000 as amended This compilation was prepared on 17 December 2008 taking into account amendments up to Act No. 144 of 2008 The text of any
More informationSecuring safe, clean drinking water for all
Securing safe, clean drinking water for all Enforcement policy Introduction The Drinking Water Inspectorate (DWI) is the independent regulator of drinking water in England and Wales set up in 1990 by Parliament
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 30, 2012. It is intended for information and reference purposes only. This
More informationSULLIVAN COUNTY EMPLOYEE ORIENTATION FACT SHEET # 31
SULLIVAN COUNTY EMPLOYEE ORIENTATION FACT SHEET # 31 SULLIVAN COUNTY CORPORATE COMPLIANCE SUBJECT: FALSE CLAIMS ACT STATEMENT OF POLICY: Sullivan County is committed to providing quality health care in
More informationDECISIONS ON CONTROLLED SUBSTANCE LICENCES
TECHNICAL GUIDE DECISIONS ON CONTROLLED SUBSTANCE LICENCES Table of Contents Introduction...2 Work Assessment...3 Option 1 - Statutory Declaration...3 Option 2 Verification by a test certifier... 3 Fit
More informationQueensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000
Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................
More informationPolicies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005
POLICY/PROCEDURE NO.: B-17 Effective date: Jan. 1, 2007 Date(s) of review/revision: Nov. 1, 2015 Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005
More informationPublic Act No. 15-162
Public Act No. 15-162 AN ACT CONCERNING A STUDENT LOAN BILL OF RIGHTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2015)
More informationLegislative Council Panel on Financial Affairs. Matters Related to the Charging of Fees and Advertising Practices of Financial Intermediaries
CB(1)955/14-15(02) For Information Legislative Council Panel on Financial Affairs Matters Related to the Charging of Fees and Advertising Practices of Financial Intermediaries This information note sets
More informationHow To Improve The Department'S Compliance Program
Compliance Program 2013 15 humanservices.gov.au Our compliance approach to protecting the integrity of our payment system has the strong support of the government, as it underpins our fair social welfare
More informationMetropolitan Jewish Health System and its Participating Agencies and Programs [MJHS]
Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] POLICY PURSUANT TO THE FEDERAL DEFICIT REDUCTION ACT OF 2005: Detection and Prevention of Fraud, Waste, and Abuse and
More informationSelf managed superannuation funds. A Financial Planning Technical Guide
Self managed superannuation funds A Financial Planning Technical Guide 2 Self managed superannuation funds What is a self managed 4 superannuation fund (SMSF)? What are the benefits? 4 What are the risks?
More informationA Financial Planning Technical Guide
Self Managed Superannuation Funds A Financial Planning Technical Guide Securitor Financial Group Limited ABN 48 009 189 495 AFSL 240687 Contents What is a self managed superannuation fund (SMSF)? 1 What
More informationThose seeking admission as solicitors under the Admission Regulations, fulfilling the duties under section 3 of the Solicitors Act 1974;
1 [Authority: Made on the [DD day of MM YYYY] by the Solicitors Regulation Authority (SRA) Board under section 28 of the Solicitors Act 1974 with the approval of the Legal Services Board under sections
More informationCode of Practice. Civil Investigation of Fraud. Notice COP 9 MAN
Code of Practice Civil Investigation of Fraud Notice COP 9 MAN July 2009 (updated to 18 July 2011) 1 Introduction Contents Civil Investigation of Fraud Civil investigation of fraud statement Outline Confidentiality
More informationTM Nightingale. Home Healthcare. Fraud & Abuse: Prevention, Detection, & Reporting
Fraud & Abuse: Prevention, Detection, & Reporting What Is Fraud? Fraud is defined as making false statements or representations of facts to obtain benefit or payment for which none would otherwise exist.
More informationFirst Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP
First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x SENATE BILL 1-1 SENATE SPONSORSHIP Lambert, Lundberg (None), HOUSE SPONSORSHIP Senate Committees
More informationPatrick A. Flanagan Sr. Assistant Attorney General Criminal Justice Division
Patrick A. Flanagan Sr. Assistant Attorney General Criminal Justice Division Oregon s Environmental Enforcement Initiative December 1, 2009 - Creation of the Environmental Enforcement Unit Joint effort
More informationLesson 4. Preventing and Policing White-Collar Crime
Preventing and Policing ASSIGNMENT 11 Read this introduction and then read pages 260 294 in White- Collar Crime: The Essentials. White-collar crime is clearly complex and multifaceted. No single theory
More informationApplying appropriate sanctions consistently
Applying appropriate sanctions consistently Policy statement April 2013 Tackling fraud and managing security Contents 1 Introduction... 1 2 The NHS Protect approach to pursuing sanctions... 1 3 The criminal
More informationCOMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A)
COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A) (Original Enactment: Act 19 of 1993) REVISED EDITION 2007 (31st July 2007) An Act to make provision for securing computer material against unauthorised
More informationReview of Regulation of Property Managers PUBLIC CONSULTATION DOCUMENT
Review of Regulation of Property Managers PUBLIC CONSULTATION DOCUMENT FOREWORD I am pleased to release this public consultation document as part of the Government s review of the regulation of property
More informationLegal Update: Tax Administration Laws Amendment Act 39 of 2013
No.12 of 2014 June 2014 Legal Update: Tax Administration Laws Amendment Act 39 of 2013 The Tax Administration Laws Amendment Act ( the Act ) was promulgated on 16 January 2014. The Act amends the Transfer
More information