Go To Jail

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The first person likely to go to jail for Inheritance Tax fraud has been sent to the High Court for sentencing.
The man did not tell the Inland Revenue or his brother about £400,000 which was part of his aunt's estate. The Inland Revenue lost about £160,000 tax.
See item on page one of the Sunday Telegraph Money Section.
...............................I have put my clock back....... Kcolc ym
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  • dunstonh
    dunstonh Posts: 116,371 Forumite
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    Looking at the inland revenue website, the penalties for pre 1999 fraud cases are fines.

    He has found guilty of one 1 count of embezzlement and 2 charges of fraud. If the inland revenue site is correct, he will face only fines and full settlement for the revenue fraud. However, the fraud on the brother and the embezzlement would allow the judge to impose a custodial sentence.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • johnllew
    johnllew Posts: 1,928 Forumite
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    Looking at the inland revenue website, the penalties for pre 1999 fraud cases are fines.
    Have a look at the Hansard Extract. It is clear that the Inland Revenue can and do prosecute in the case of serious fraud but
    may accept a money settlement instead of instituting criminal proceedings in respect of fraud alleged to have been committed by a taxpayer.
  • dunstonh
    dunstonh Posts: 116,371 Forumite
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    http://www.inlandrevenue.gov.uk/leaflets/iht13.htm

    The above site doesnt mention that and that is what i read earlier. I guess it wasnt really considering 400k being "forgotton" ;)
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • dag_2
    dag_2 Posts: 793 Forumite
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    The first person likely to go to jail for Inheritance Tax fraud has been sent to the High Court for sentencing.
    Was he remanded in custody? Did he make bail?

    If he wasn't remanded, or if he did get bail, then it's probably because the authorities think he's unlikely to get a custodial sentence anyway - so saying "Go To Jail" is stretching a point slightly.

    Roughly one in every five remand prisoners is released without conviction - and roughly half of former remand prisoners who do get convicted receive a non-custodial sentence.
    :p
  • MJSW
    MJSW Posts: 171 Forumite
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    He got a 7 year prison sentence. :o
  • dougk_2
    dougk_2 Posts: 1,403 Forumite
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    which probably means he will be free by Easter!!! :P

    If  he's given 7 years that should mean 7 years (like life should mean until you die!)
  • System
    System Posts: 178,093 Community Admin
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    An Inland Revenue member of staff (quite high) was recently sentenced to 3 1/2 yrs in jail for defrauding the tax office. He managed to send himself repayments totalling several hundred thousand pounds. Apparently the government intend to confiscate assets to recover the money.
    Whilst I agree he has totally misused his position he hasn't killed anyone so I don't think a jail sentence is necessary. He has lost his job and probably his home and I think he should be barred from any job involving money or anyone elses finances. Letting him live in comfort in jail at the taxpayers expense defeats the purpose of confiscating this assets unless of course the government charge him for the cost of his stay at Her Majesty's pleasure.
  • johnllew
    johnllew Posts: 1,928 Forumite
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    Letting him live in comfort in jail at the taxpayers expense.
    I doubt if he would agree he's going to be living in comfort for the next few months (half his sentence was suspended BTW).
    CHEATING TAXMAN CREATED FALSE IDENTITIES

    An Inspector of Taxes was today sentenced to 3 1/2 years imprisonment for fraud amounting to nearly £300,000. Mark Richard Baker, 38, a married father of three, from St Andrews Ridge, Swindon, was appearing before Swindon Crown Court today.

    Inquiries conducted by the Inland Revenues own investigations department revealed that over a 5-year period, Baker created 44 individual false identities and then proceeded to make tax repayments to himself totalling £293,334. He had previously pleaded guilty in court on 26 November 2004 to the offence of Cheating the Public Revenue.

    In sentencing Mr Baker, His Honour Judge McNaught said:

    "The defendant has misused his position over a long period of time and therefore I have to impose a sentence that reflects this."

    An Inland Revenue spokesperson said:

    "Inland Revenue staff act with the utmost integrity almost without exception. A person like this is not only defrauding the exchequer, they are also cheating the public of money and show they have no respect for the community they serve."

    A confiscation hearing will be heard at a later date.
  • System
    System Posts: 178,093 Community Admin
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    Your probably right Johnllew but it's not exactly hard labour is it?.I do hope the government do charge him for his keep in prison though and any right he had to a civil service pension. But I wonder when he comes out how much he is going to cost us in benefits.
  • johnllew
    johnllew Posts: 1,928 Forumite
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    I do hope the government do charge him for his keep in prison though and any right he had to a civil service pension.
    I don't think they can touch his pension unless treason is involved.
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