|American accountants are jailed with tax-evading clients.|
Change.org Antoine Deltour and two other whistletblowers. Tax Law case.
Antoine Deltour is the chief whistleblower in the Luxleaks, which has revealed in November 2014 a huge system of tax-saving manoeuvres created by dozens of big international companies. At present he is being sued by the Luxembourg justice.
FRAUDULENT CONSPIRACIES: Will Luxembourg, and the source nations, prosecute the tax-evaders and the tax-planners (including PWC) for fraudulent documentation and fraudulent tax-returns?
In tax-law, worldwide, tax legal transactions must be:
(1) Not for tax avoidance.
(2) Necessary commercially - real business.
(3) On normal commercial terms - not falsified, exaggerated transfer-pricing.
(4) At arms length - not self-invoicing between connected parties.
Billions of dollars can be recovered by tax-collectors for the countries of origin where the profits were actually earned. Will your nation demand its money back?
The transactions that shifted billions of dollars to No-Tax-Luxembourg from major tax-regions such as the UK, USA, EU, Pacific-Rim etc. are most probably fictitious invoices, devised after the real trade events - internal (self-invoicing) - and in breach of the four tests above. In America, advisers go to jail with their clients.
https://www.theguardian.com › World › Luxembourg
29 Jun 2016 - Former PwC employee Antoine Deltour given suspended sentence for theft and violating Luxembourg’s secrecy laws.
... A former employee of PricewaterhouseCoopers has been convicted of theft by a court in Luxembourg following an unprecedented leak of controversial tax deals granted to
16 Mar 2017 — On Wednesday, March 15, more than 100 citizens came to listen to the Court of Appeal's decision on the LuxLeaks case. When the three defendants arrived to hear the verdict, it was therefore, as always, surrounded by their supports and under the encouragement of many citizens !
-- The verdict --
The court upholds a conviction for theft offences, fraudulent maintenance in a database, and laundering of acquired data. Antoine is therefore sentenced to a 6-month suspended jail time and a 1,500 € fine. The other whistleblower, Raphaël Halet, is sentenced to a 1,000 € fine. The journalist Édouard Perrin is acquitted.
-- A small victory... --
Despite the condemnation, we must welcome a certain moral and legal victory: Antoine is acquitted for the charges of breach of professional secrecy and disclosure of trade secrets. For the first time in Europe, a national judge recognizes the justificatory fact of whistleblowing in the disclosure of professional secrecy, in good faith and in the public interest. This judgment constitutes an undeniable legal step forward.
-- ... but a blatant lack of courage --
By insisting on a conviction at all costs, the Court of Appeal clearly lacked courage. Antoine is acquitted as a whistleblower for having transmitted the documents to the journalist, but sentenced for the acquisition of the very same documents!
This condemnation, symbolically heavy, confirms the need for European legislative progress on whistleblowers' protection.
-- And now? --
Antoine will now read carefully the judgment of the Court of Appeal and take a decision of either appealing in cassation or, on the contrary, stopping judicial fight. Let’s wish him strength through this decision to be taken with a cool head and with the advice of his lawyers.
The Support Committee and all the citizens accompanying him through his fight will be on Antoine’s side, whatever he decides!
ICIJ - The investigation was conducted by the International Consortium of Investigative Journalists. The countries of origin should reward ICIJ with 10% of all back-taxes and fines recovered.