Edward Y. Kim, the Acting United States Attorney for the Southern District of New York; David A. Hubbert, the Deputy Assistant Attorney General for the Justice Department’s Tax Division; and Danny Werfel, Commissioner of the Internal Revenue Service (“IRS”), announced that U.S. District Judge John P. Cronan entered an order today authorizing the IRS to issue summonses requiring certain entities to produce information about U.S. taxpayers, including individuals and trusts, who may have used the services of a multinational group of affiliated companies that operate under the trade name “Trident Trust” (collectively, the “Trident Trust Group”) to evade federal income taxes. Specifically, the IRS summonses seek records from a Trident Trust Group affiliate, as well as from companies that may have facilitated electronic fund transfers and courier deliveries to Trident Trust Group entities, to identify U.S. taxpayers who may have used the Trident Trust Group’s services to create or control foreign assets and entities to potentially avoid compliance with their U.S. tax obligations.
Acting U.S. Attorney Edward Y. Kim said: “Today’s action is part of this Office’s steadfast commitment to hold accountable those who use offshore service providers to avoid paying their U.S. taxes. In obtaining authority to issue these latest John Doe summonses, we continue our joint efforts with the IRS to investigate tax evaders who use foreign financial accounts and sham foreign entities to hide their assets and income.”
Tax Division Deputy Assistant Attorney General David A. Hubbert said: “The Department of Justice and the IRS are committed to using the tools available to us, including John Doe summonses like the ones authorized today, to ensure that taxpayers fully meet their responsibilities, including reporting their worldwide income and use of foreign accounts.”
IRS Commissioner Danny Werfel said: “U.S. taxpayers and their facilitators who hide offshore income generating activities and assets from the U.S. government are on notice that the IRS continues to prioritize combatting offshore abusive activities. These records will assist the IRS and its partners in finding those taxpayers, ensuring their compliance with the U.S. tax laws and delivering on our mission of a fair tax system.”
Federal tax law requires U.S. citizens, resident aliens, and trusts with gross annual income above the reporting threshold to pay taxes on all their income earned worldwide. They must also disclose their interests in certain foreign financial accounts, assets, and entities. Failure to report these offshore arrangements or pay associated taxes can result in serious civil and criminal consequences. According to the allegations set forth in the documents filed in support of the petition to authorize the John Doe summonses, and other information in the public record:
The Trident Trust Group is a privately owned network of entities operating in nearly 30 jurisdictions worldwide, including known tax havens. The Trident Trust Group has provided corporate, trust, and fund administration services for over 40 years. It offers, among other things, services that enable customers to conceal their interests in offshore accounts and entities, including creating opaque corporate structures in jurisdictions with strict privacy laws, providing corporate directors and officers who act on their customers’ behalf, mail forwarding and retention services, and inactive companies known as “shelf companies” that are dormant and sitting “on a shelf” for purpose of later sale, that are incorporated with a standard memoranda or articles of association and have inactive shareholders, directors, and secretaries. The Trident Trust Group advertises these services as assisting its clients in keeping confidential their beneficial ownership of assets and avoiding public reporting, including for “tax and estate planning.”
Some U.S. clients of the Trident Trust Group use or may use these services to conceal their interests in assets and avoid paying U.S. taxes on them. For example, Trident Trust Group employees have listed themselves as the founders, directors, and officers of thousands of Panamanian companies to help their U.S. taxpayer clients potentially conceal their interests in and income from these foreign entities. Indeed, at least nine U.S. taxpayers who used the Trident Trust Group’s services to conceal their interests in foreign assets have reported their tax non-compliance to the IRS through the agency’s Offshore Voluntary Disclosure Program—which allowed U.S. taxpayers to voluntarily disclose their foreign accounts or entities used to evade tax liability in exchange for fixed penalties.
In this action, the Court granted the IRS permission to serve what is known as a “John Doe” summons on Nevis Services Limited, a Trident Trust Group affiliate based in Manhattan, that seeks information about U.S. taxpayers who may have used its services or those of other entities within the Trident Trust Group to establish, maintain, operate, or control: any foreign financial account or other foreign asset; any foreign corporation, company, trust, foundation, or other legal entity; or any foreign or domestic financial account or other asset in the name of such foreign entity, from 2014 through 2023. By obtaining these records, the IRS expects to be able to identify Trident Trust Group clients who used the Group’s services to avoid or evade U.S. taxes.
In addition, the Court also granted the IRS leave to serve summonses on twelve financial entities and courier services: the Federal Reserve Bank of New York; Clearing House Payments Company LLC; HSBC Bank USA, N.A.; the Bank of New York Mellon Corporation; Citibank, N.A.; UBS AG; Bank of America, N.A.; Deutsche Bank Trust Company Americas; FedEx Corporation; DHL Express (USA), Inc.; and United Parcel Service, Inc. There is no allegation in this action that these financial entities and courier services have engaged in any wrongdoing. Rather, the IRS uses John Doe summonses to obtain information about possible violations of internal revenue laws by individuals whose identities are unknown. The John Doe summonses direct these financial entities and courier services to produce records that will enable the IRS to identify U.S. taxpayers who have sent or received money or documents to or from the Trident Trust Group, along with other records relating to these transactions.
In parallel, the U.S. has sought John Doe summonses in the U.S. District Courts for the Northern District of Georgia and the District of South Dakota authorizing the IRS to issue summonses to four other U.S.-based entities in the Trident Trust Group seeking information about U.S. taxpayers who may have used the Group’s services.
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