Trouvé cette info à cette adresse (à mon avis elle ne va pas être consultable longtemps )
http://www.alertnet.org/thenews/newsdesk/N23247513.htm
Pour résumer :
Un horloger juif de Floride de 65 ans, Jack Barouh, a plaidé coupable pour fraude fiscale. L'affaire porte sur une somme de 10 millions de dollars.
Son avocat a tenté d'infléchir la cour pour lui obtenir une mesure de clémence, mesure visant à le condamner à une assignation à résidence au lieu de la prison, en évoquant un rapport médical qui précise que :
Attention !! Attachez vos ceintures !!
certaines leçons et comportements de survie appris de ses parents survivants de l'Holocauste ont contribué à lui faire commettre ces détournements !!
Ces charognards n'ont vraiment aucune pudeur
Remarque perso : suivant le jugement qui sera rendu, la cas pourrait faire jurisprudence. Qui sait ? Mahdoff et consors sortiront peut être plus tôt que prévu de taule !!
Dire qu'en ce moment Dieudo est encore sur le point de passer en justice pour avoir dit que les plus grands escrocs du monde étaient juifs!!
Le texte original en anglais sur alertnet.org :
UBS tax evader cites Holocaust "survival behavior"
23 Apr 2010 18:07:38 GMT
Source: Reuters
* Florida watchmaker seeks to stay out of jail
* Plea cites "hide and hoard" behavior from Holocaust
* String of guilty pleas tied to UBS tax evasion probe (Adds comment from Holocaust survivors' group)
By Pascal Fletcher
MIAMI, April 23 (Reuters) - A Jewish Florida watchmaker who faces a possible jail term for filing a false tax return is arguing that "survival behavior" learned from the Holocaust influenced his attempt to hide funds from U.S. tax authorities in Swiss UBS <UBSN.VX> bank accounts.
Jack Barouh, 65, who had owned and operated Michele Watches, a business he sold in 2004, is due to be sentenced on Friday in a Miami federal court. He is asking the court to sentence him to home detention, rather than jail.
Barouh pleaded guilty in February to filing a false tax return by failing to report his offshore bank accounts and not reporting income he received from his UBS accounts.
In his plea deal, Barouh admitted hiding about $10 million in foreign bank accounts he controlled, from 2002 to 2008, in Switzerland and Hong Kong, using the names of sham companies allegedly based in Panama, Hong Kong and the British Virgin Islands, among other places.
Prosecutors have recommended a reduced prison sentence of 20 months, while Barouh has requested a one-year home detention sentence that would keep him out of jail. The maximum term he could face is three years in prison.
In seeking leniency, Barouh's lawyers cited a doctor's report arguing that "certain lessons and survival behavior learned and adopted by the Defendant's parents during the Holocaust and their escape from it" had contributed to his actions in maintaining the undeclared overseas bank accounts.
The report by Dr. Jerald Ratner, as cited in a memorandum submitted to the court, said Barouh, whose parents survived the killing of Jews in Europe by the Nazis during World War II, had experienced discrimination and abuse for being Jewish as a child in Colombia.
HOLOCAUST SURVIVORS SLAM "DEMEANING" ARGUMENT
After moving to the United States, Barouh also experienced discrimination, verbal abuse and some mild physical abuse because of his Colombian accent and, at least initially, somewhat flawed English, the report added.
It said Barouh's actions were motivated by fears of possible persecution and sudden loss and by a "hide and hoard" behavior adopted by Holocaust survivors and their children.
"These beliefs cause a person to compulsively and almost obsessively, want to establish a secret nest egg," the memorandum said, citing this as a reason that Barouh concealed funds from U.S. tax authorities in overseas accounts.
One organization representing Holocaust survivors in the United States criticized the argument used by Barouh, but said it was up to the court to decide his culpability.
"Holocaust survivors and their families reject the demeaning assertion that 'survival behavior' learned from the Holocaust could justify illegal evasion of taxes," Elan Steinberg, vice president of the American Gathering of Holocaust Survivors and their Descendants, said in a declaration sent to Reuters.
According to a statement of facts that accompanied his guilty plea, Barouh admitted skimming income from his watch business into the UBS accounts, with the help of several unnamed Swiss money managers and lawyers.
Keeping money in overseas accounts is not illegal, but failing to report that money to U.S. tax authorities is.
Barouh's case is one of a string of guilty pleas secured by the U.S. government from U.S. citizens after UBS AG last year settled a criminal probe for $780 million, admitting it had helped Americans hide money in offshore accounts.
To settle the criminal case, UBS gave the United States nearly 300 account names, and prosecutors have been steadily bringing cases against them.
Under a separate civil agreement, UBS agreed to reveal 4,450 client accounts to Switzerland, which would eventually hand them over to the U.S. government.
But that process may be stalled after a Swiss Court stipulated earlier this year that a UBS client's failure to file a tax form does not constitute tax fraud.
Steinberg said it was "particularly unseemly that UBS was used as an illegal tax haven since it and the other major Swiss banks were exposed in the 1990's as having denied Holocaust survivors access to their accounts after World War II."
Steinberg added that in 1998, a court settlement required Swiss banks to pay back $1.25 billion. (Reporting by Pascal Fletcher; Editing by Gerald E. McCormick)
http://www.alertnet.org/thenews/newsdesk/N23247513.htm
Pour résumer :
Un horloger juif de Floride de 65 ans, Jack Barouh, a plaidé coupable pour fraude fiscale. L'affaire porte sur une somme de 10 millions de dollars.
Son avocat a tenté d'infléchir la cour pour lui obtenir une mesure de clémence, mesure visant à le condamner à une assignation à résidence au lieu de la prison, en évoquant un rapport médical qui précise que :
Attention !! Attachez vos ceintures !!
certaines leçons et comportements de survie appris de ses parents survivants de l'Holocauste ont contribué à lui faire commettre ces détournements !!
Ces charognards n'ont vraiment aucune pudeur
Remarque perso : suivant le jugement qui sera rendu, la cas pourrait faire jurisprudence. Qui sait ? Mahdoff et consors sortiront peut être plus tôt que prévu de taule !!
Dire qu'en ce moment Dieudo est encore sur le point de passer en justice pour avoir dit que les plus grands escrocs du monde étaient juifs!!
Le texte original en anglais sur alertnet.org :
UBS tax evader cites Holocaust "survival behavior"
23 Apr 2010 18:07:38 GMT
Source: Reuters
* Florida watchmaker seeks to stay out of jail
* Plea cites "hide and hoard" behavior from Holocaust
* String of guilty pleas tied to UBS tax evasion probe (Adds comment from Holocaust survivors' group)
By Pascal Fletcher
MIAMI, April 23 (Reuters) - A Jewish Florida watchmaker who faces a possible jail term for filing a false tax return is arguing that "survival behavior" learned from the Holocaust influenced his attempt to hide funds from U.S. tax authorities in Swiss UBS <UBSN.VX> bank accounts.
Jack Barouh, 65, who had owned and operated Michele Watches, a business he sold in 2004, is due to be sentenced on Friday in a Miami federal court. He is asking the court to sentence him to home detention, rather than jail.
Barouh pleaded guilty in February to filing a false tax return by failing to report his offshore bank accounts and not reporting income he received from his UBS accounts.
In his plea deal, Barouh admitted hiding about $10 million in foreign bank accounts he controlled, from 2002 to 2008, in Switzerland and Hong Kong, using the names of sham companies allegedly based in Panama, Hong Kong and the British Virgin Islands, among other places.
Prosecutors have recommended a reduced prison sentence of 20 months, while Barouh has requested a one-year home detention sentence that would keep him out of jail. The maximum term he could face is three years in prison.
In seeking leniency, Barouh's lawyers cited a doctor's report arguing that "certain lessons and survival behavior learned and adopted by the Defendant's parents during the Holocaust and their escape from it" had contributed to his actions in maintaining the undeclared overseas bank accounts.
The report by Dr. Jerald Ratner, as cited in a memorandum submitted to the court, said Barouh, whose parents survived the killing of Jews in Europe by the Nazis during World War II, had experienced discrimination and abuse for being Jewish as a child in Colombia.
HOLOCAUST SURVIVORS SLAM "DEMEANING" ARGUMENT
After moving to the United States, Barouh also experienced discrimination, verbal abuse and some mild physical abuse because of his Colombian accent and, at least initially, somewhat flawed English, the report added.
It said Barouh's actions were motivated by fears of possible persecution and sudden loss and by a "hide and hoard" behavior adopted by Holocaust survivors and their children.
"These beliefs cause a person to compulsively and almost obsessively, want to establish a secret nest egg," the memorandum said, citing this as a reason that Barouh concealed funds from U.S. tax authorities in overseas accounts.
One organization representing Holocaust survivors in the United States criticized the argument used by Barouh, but said it was up to the court to decide his culpability.
"Holocaust survivors and their families reject the demeaning assertion that 'survival behavior' learned from the Holocaust could justify illegal evasion of taxes," Elan Steinberg, vice president of the American Gathering of Holocaust Survivors and their Descendants, said in a declaration sent to Reuters.
According to a statement of facts that accompanied his guilty plea, Barouh admitted skimming income from his watch business into the UBS accounts, with the help of several unnamed Swiss money managers and lawyers.
Keeping money in overseas accounts is not illegal, but failing to report that money to U.S. tax authorities is.
Barouh's case is one of a string of guilty pleas secured by the U.S. government from U.S. citizens after UBS AG last year settled a criminal probe for $780 million, admitting it had helped Americans hide money in offshore accounts.
To settle the criminal case, UBS gave the United States nearly 300 account names, and prosecutors have been steadily bringing cases against them.
Under a separate civil agreement, UBS agreed to reveal 4,450 client accounts to Switzerland, which would eventually hand them over to the U.S. government.
But that process may be stalled after a Swiss Court stipulated earlier this year that a UBS client's failure to file a tax form does not constitute tax fraud.
Steinberg said it was "particularly unseemly that UBS was used as an illegal tax haven since it and the other major Swiss banks were exposed in the 1990's as having denied Holocaust survivors access to their accounts after World War II."
Steinberg added that in 1998, a court settlement required Swiss banks to pay back $1.25 billion. (Reporting by Pascal Fletcher; Editing by Gerald E. McCormick)