Investment Banker Hid $5M in Offshore Accounts

Investment Banker Hid $5M in Offshore Accounts 

It is very important for taxpayers who are considering committing tax fraud or evasion to be aware that just because a Taxpayer resides overseas does not mean they are outside of the IRS‘s grasp. In fact, The U.S. government works with many different countries to ensure extradition in situations in which a person who is considered a US person commits tax fraud. In a recent US-Swiss Tax Evasion case, a US-based financial investment banker pled guilty to concealing more than $5 million in offshore accounts. The taxpayer Did not report these accounts on the annual FBAR.

As provided by the DOJ:

Defendant Concealed over $5.1 Million in Offshore Accounts

• • • A U.S. citizen residing in the Principality of Monaco pleaded guilty today to tax evasion for concealing from the IRS over $5,130,000 in income derived from a real estate transaction and securities investments in offshore bank accounts.

    • According to court documents and statements made in court, Stephen L. Schechter was a licensed U.S. investment banker, U.K. corporate finance advisor and owner and operator of a U.S.-based financial investment advisory firm.

    • In 2002, Schechter formed an entity called Charles Penn Longview (CPL) in the British Virgin Islands. In June 2004, Schechter opened a Swiss bank account in the name of CPL at what ultimately became known as Piguet Galland & Cie SA. In doing so, he and his bank relationship manager concealed Schechter’s U.S.-citizenship status in bank documents. Until it was closed around January 2013, the account generated interest and dividends that Schechter never reported to the IRS as income.

    • In June 2011, Schechter sold a Monaco apartment for approximately €14,000,000, which he deposited into his CPL account at Piguet. He subsequently used the sale proceeds to purchase $8,856,691 in various securities, on which he earned interest, dividends and capital gains. Schechter never disclosed the income from the sale of the Monaco apartment or the securities bought from sale proceeds to his tax return preparer. Schechter knew that, as a U.S. citizen, he was obligated to report and pay taxes on his income, even if he earned it abroad and lived outside the United States.

    • Schechter later opened another CPL bank account at UBS Monaco SA, closed his account at Piguet, and transferred the balance of approximately $10.2 million into the new UBS Monaco account, further earning undisclosed interest and dividends until 2017.  

    • U.S. citizens and permanent residents are required annually to file a FinCEN Form 114 – Report of Foreign Bank and Financial Accounts (FBAR) – if the combined balance of all foreign accounts they own, have a financial interest in or signature authority over is more than $10,000 at any point during that calendar year. However, Schechter did not file FBARs reporting his Piguet or UBS Monaco accounts.

    • Schechter is scheduled to be sentenced on March 1, 2024, and faces a maximum penalty of five years in prison for tax evasion. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    • Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Matthew M. Graves for the District of Columbia made the announcement.

Specific FBAR Allegations in the Complaint

• • “From approximately 2000 forward, [DEFENDANT] used a New York-based accounting firm to prepare his U.S. income tax returns. During the preparation of his 2011 federal income tax return, DEFENDANT provided false and incomplete information to his accounting firm about the sale of the apartment in Monaco and his offshore bank account holdings and income, resulting in DEFENDANT filing of a false and fraudulent income tax return for 2011. For the 2011 tax year, DEFENDANT knowingly and willfully failed to report capital gains of more than $5.8 million from the sale of the company that owned his Monaco apartment and investment income earned on the proceeds of that sale. Based on these willful omissions…”

Late Filing Penalties May be Reduced or Avoided

For Taxpayers who did not timely file their FBAR and other international information-related reporting forms, the IRS has developed many different offshore amnesty programs to assist taxpayers with safely getting into compliance. These programs may reduce or even eliminate international reporting penalties.

Current Year vs. Prior Year Non-Compliance

Once a taxpayer missed the tax and reporting (such as FBAR and FATCA) requirements for prior years, they will want to be careful before submitting their information to the IRS in the current year. That is because they may risk making a quiet disclosure if they just begin filing forward in the current year and/or mass filing previous year forms without doing so under one of the approved IRS offshore submission procedures. Before filing prior untimely foreign reporting forms, taxpayers should consider speaking with a Board-Certified Tax Law Specialist who specializes exclusively in these types of offshore disclosure matters.

Avoid False Offshore Disclosure Submissions (Willful vs Non-Willful)

In recent years, the IRS has increased the level of scrutiny for certain streamlined procedure submissions. When a person is non-willful, they have an excellent chance of making a successful submission to Streamlined Procedures. If they are willful, they would submit to the IRS Voluntary Disclosure Program instead. But, if a willful Taxpayer submits an intentionally false narrative under the Streamlined Procedures (and gets caught), they may become subject to significant fines and penalties. 

Need Help Finding an Experienced Offshore Tax Attorney?

When it comes to hiring an experienced international tax attorney to represent you for unreported foreign and offshore account reporting, it can become overwhelming for taxpayers trying to trek through all the false information and nonsense they will find in their online research. There are only a handful of attorneys worldwide who are Board-Certified Tax Specialists and who specialize exclusively in offshore disclosure and international tax amnesty reporting. 

Golding & Golding: About Our International Tax Law Firm

Golding & Golding specializes exclusively in international tax, specifically IRS offshore disclosure. 

Contact our firm today for assistance.