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    Unjustified Sealing of Indictment Leads to Reversal of Criminal Conviction in United States v. Boswell
    2024-08-14

    . . . In such circumstances, sealing the indictment “would undermine the purpose of having a statute of limitations at all.”

    Introduction

    Filed under:
    Japan, USA, Insolvency & Restructuring, Litigation, Tax, YMF Law, Bankruptcy, Tax evasion, Internal Revenue Service (USA)
    Authors:
    York Faulkner
    Location:
    Japan, USA
    Firm:
    YMF Law
    Knowledge of VAT Fraud
    2023-04-27

    Nicola Sharp of Rahman Ravelli outlines a case where an individual’s knowledge of a tax evasion scheme was key

    A cellphone company director lost his bid to challenge a £1.7 million-plus award against him for VAT fraud when the High Court said he had actual knowledge of his firm's tax evasion scheme.

    In Bhatia v Purkiss [2023] EWHC 775, the High Court rejected an appeal from Deepak Bhatia, the company director of the now-defunct phone company JD Group Ltd, against a ruling from the Insolvency and Companies Court (ICC).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Rahman Ravelli, Fraud, Fiduciary, Tax evasion, Value added tax, HM Revenue and Customs (UK), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Direct(or) responsibility: 10 ways a director could be held personally liable in 2022
    2022-03-01

    A recently published case has shone a new light on the well-known fact of English company law – that a company has its own legal personality and is therefore separate and distinct from its members and directors.

    Thus, a company shields its members and directors from most liabilities. For directors, this protective veil is pierced in certain limited circumstances such as those set out below.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Fox Williams LLP, Tax evasion, Vicarious liability, Liquidation, Articles of association, Directors' duties, HM Revenue and Customs (UK), Finance Acts (UK), Companies Act 2006 (UK), Insolvency Act 1986 (UK), Health and Safety at Work etc. Act 1974 (UK)
    Authors:
    Paul Taylor , Claire Bowler
    Location:
    United Kingdom
    Firm:
    Fox Williams LLP
    £38 million tax evasion … illegality is no defence
    2015-04-28

    Months of anticipation culminated in a successful result for the Liquidators of Bilta (UK) Limited (in liquidation) on 22 April 2015 in a pivotal fraud case, whereby the Supreme Court unanimously dismissed an appeal involving the ‘illegality defence’, in the case of Jetivia SA and another v Bilta (UK) Ltd (in liquidation) and others [2015] UKSC 23.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Squire Patton Boggs, Tax evasion, Insolvency Act 1986 (UK)
    Authors:
    Linda Mack , Laura Crawford
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    £38 million tax evasion … illegality is no defence
    2015-04-28

    Months of anticipation culminated in a successful result for the Liquidators of Bilta (UK) Limited (in liquidation) on 22 April 2015 in a pivotal fraud case, whereby the Supreme Court unanimously dismissed an appeal involving the ‘illegality defence’, in the case of Jetivia SA and another v Bilta (UK) Ltd (in liquidation) and others [2015] UKSC 23.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Squire Patton Boggs, Tax evasion, Insolvency Act 1986 (UK)
    Authors:
    Linda Mack , Laura Crawford
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
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