The Panama Papers
Federal prosecutors should not alarm adopted entities as “shell” companies or alarm Panama or the British Virgin Islands “tax havens” in the accessible Panama Papers bent balloon in New York, according to aegis attorneys.
Motions filed in New York’s Southern District cloister aftermost anniversary by attorneys for Joachim von der Goltz, a above U.S. taxpayer, and Richard Gaffey, a Massachusetts accountant, seek to bang a aperture in the United States government’s allegations of tax evasion, wire artifice and money laundering.
Prosecutors adduce that von der Goltz evaded U.S. taxes through adopted companies with the admonition of Gaffey and advisers of Panama law close Mossack Fonseca. Abstracts leaked from the law close anatomy the base of the International Consortium of Investigative Journalists’ 2016 Panama Papers investigation.
Von der Goltz and Gaffey allegedly hid the former’s buying of carapace companies and millions of dollars in assets by falsely claiming that von der Goltz’s Guatemalan mother was the owner, according to prosecutors.
The men abjure all charges. Von der Goltz managed the companies on his mother’s behalf, he claims.
Last week, attorneys asked Judge Richard M. Berman to exclude portions of the government’s affirmation as prejudicial to a fair balloon by jury. Judge Berman has not yet disqualified on the request.
Gaffey and von der Goltz told Judge Berman that the words “shell” aggregation and “tax haven” would aggravate the passions of the jury.
“As a aftereffect of the amazing absorption that the Panama Papers disclosures accept drawn, including hundreds of bi-weekly articles, abundant books, and a motion account with several Oscar winners in the casting and crew, the abstraction of ‘shell’ companies has become a four-letter chat alike with adulterous banking activity,” attorneys wrote. Attorneys cited a arena from the 2019 Netflix blur The Laundromat in which Meryl Streep’s appearance links carapace companies to the afterlife of her husband.
Attorneys additionally argued that the federal government should not be accustomed to affirmation that U.S. citizens were victims of von der Goltz’s declared tax evasion.
“Comments about abuse to United States citizens may advance the board afield to accept that Mr. von der Goltz is amenable for the boundless ramifications of the declared misdeeds appear by the Panama Papers,” attorneys wrote.
Gaffey’s attorneys additionally asked Judge Berman to bar affirmation of Gaffey’s exchanges with addition above Mossack Fonseca client, Marianna Olszewski.
Gaffey allegedly provided admonition to Olszewski, a banking admonition guru, on how to balk taxes. The admonition was allegedly not followed. Olszewksi has not been charged.
ICIJ ahead appear Olszewski as one of the unnamed, uncharged co-conspirators listed by U.S. prosecutors. Prosecutors plan to use Olszewski’s affidavit to assert the actuality of the Panama Papers documents.
Defense attorneys argued that Gaffey’s exchanges with Olszewski inaccurately portray him as “an accountant with a ability to abetment audience who bluff on their taxes.”
Defense attorneys additionally appetite Judge Berman to exclude affidavit from Internal Revenue Service agents, including a computer forensics specialist, and a German badge officer. Aftermost week’s filings acknowledge for the aboriginal time that Germany’s federal badge ahead provided the U.S. with a “full archetype of the Panama Papers database.”
The balloon is appointed to activate on January 13.
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