Charge of organised crime over VAT fraud
Two VAT officials caught red-handed
The architects behind the €10 million scam at the VAT department are to be arraigned on charges of bribery, fraud and organised crime and will face up to a maximum of 10 years in prison.
The mastermind is an employee at the VAT department who during interrogation admitted to pocketing more than €180,000 from a relatively small scam he had started out with, police sources said.
Eventually it mushroomed into a racket suspected to involve about 30 people, six of them department officials, who will probably be brought to court next Tuesday or Wednesday.
The people to be charged also include a number of businessmen in the catering, air-conditioning supply and construction sectors.
At first the scam entailed taking bribes for waiving fines on late VAT returns. At that point, four people were mainly involved - the department official, a businessman whose relative worked at the department and two shady characters who acted as middlemen, according to police sources.
Because the fines on late VAT returns are draconian, it was the government's policy to waive them when a business fell in line, but many people were unaware of this and the scammers exploited it: They would ask people for bribes in return for purportedly having the fines waived.
Eventually, however, the tentacles reached wider, with different department officials working to waive money that businesses owed the department. In some cases, they would even arrange matters in such a way that instead of being in debt to the department, the companies were falsely owed money by it.
The department ended up owing more than €370,000 over just two years to one company that was meant to have a debt with the department.
The police raided the department on April 3 following three months of investigations that were triggered by a businessman who brought the scam to the attention of Finance Minister Tonio Fenech.
The six department officials were arrested on the day (a couple of them being caught red-handed) and suspended. However, no top ranking official has so far assumed responsibility for the debacle and Mr Fenech said he would like to see the completion of an internal audit before taking a decision on this point.
"I was the person who instigated investigations that were then passed on to the police," VAT Commissoner Joe Sammut said in his defence last April as he dismissed the idea of handing in his resignation.
38 Comments
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Stephen Balzan
Aug 11th 2009, 22:10
I cannot believe how top ranking officials of the vat department did not even realise that they have 10 million euros less. This is what I call gross incompetence on their part. Dear public, pay your taxes so that you pay the salaries for these incompetent officials. These should assume responsibility, resign and leave their post to be taken by competent people.
Albert Critien
Aug 11th 2009, 17:35
Within parliament and government ministries and departments we hear a great deal about transperancy, could the names have been printed in such a fashion
Miguel Micallef
Aug 11th 2009, 15:04
I would sign up instantly for a 7 year prison term If I would get €10 million upon release.
Thank you
Silvio Farrugia
Aug 10th 2009, 23:18
Will we get our money back ? or incompetance went on and assets of these people were not frozen? If the money will not be refunded it is worth it to go to prison for 7 years.Everybody will try to do the same in other things !
P Barbara
Aug 10th 2009, 18:07
We have too see, I hope that the culprits pay back what they stole from us good citizens, when I had a problem with the VAT dept, they didnt even give me a chance ...had to pay ...they told me...go and get a loan ...this was a mater of lm900 , hope that these same people will have a lesson...and a good one !!!
j.c. azzopardi
Aug 10th 2009, 15:04
I agree with Mr Demartino. Please expose these sangi sugi. We pay taxes for these people. Hope that the courts will not shield them because they happen to be known figures. Remember li min ma jisthix.......................tisthix minnhu.
Noel Camilleri
Aug 10th 2009, 09:48
I hope that the police/authorities have ensured that the persons who are to be arraigned have had their assets frozen and that no transfers to any third parties of any of these assets takes place until all court cases against them have been terminated.
Also, why have no names been published? If one commits a petty crime on this island his/her name is splattered all over the media (especially if the person happens to be a foreigner), but it seems to me that if the alleged crime is more serious, then the names of the alleged criminals become secret.
The man on the street deserves to know who has been fiddling around with our taxes.
M Tanti
Aug 9th 2009, 19:02
U tghidx mhux se niblaha li 10 miljuni f serq u hadt ma kien jaf b xejn..!! Naf li jekk ikkolok bicca hanut kif ghandi jien u jkollok kont ta 1000 uero jippruvaw issalbuk, probabli kienu jaghmlu hekk maz zghir biex jitata il-kbir tapparsi ...ara kemm naghmlu xolna sew.... hekk sew allura Sur Ministru !
victor borg
Aug 9th 2009, 12:30
For me, the whole episode hangs on these words, ''because the fines on late VAT returns are draconian''. Meaning that these draconian fines were not for evading tax, but for paying it late. If this was applied all round in today's cash crises, than God forbid us.
Everybody remembers when import duties where exorbitantly high, 120% on a VCR. Evading this customs duty was rampant. Somebody than made a packet. Not the Government.
If you want taxes or fines to be paid, making them too high will only put the perpetrator against the wall and induce him to find ways and means to avoid paying it. This is human nature. The lesson from this story should be, if you want too much than you might end getting very little. Make it a reasonable tax/fine and everybody pays.
Marcel Dingli
Aug 9th 2009, 10:31
@ William Schembri
The excuse of having employees has been "employed" to justify many abuses, from this VAT scandal to exorbitant rises in variations on contracts. I dont think this excuse is morally and legally sustainable. Persoanlly i`d rather have a lower income and have a decent boss, and a gentleman, than have a larger income and be employed by a crook.
simon cutajar
Aug 9th 2009, 10:19
Well done folks ! you've done a great job like the great trian robbery ! poor us that we have to pay more and more taxes for these people that ( if they go ) they go to prison , to feed them and give them all the things they want in there. And when i had my own business happy with they use to come everyday to check people going out with the reicept and once I was charged lm 50 for not given a reicept for lm0.18cents for a gwida . What a shame ! minister please resiange , you are not good and not doing your job !
Charles Micallef
Aug 9th 2009, 09:55
This ‘get rich’ scheme by some of the VAT department employees shows what a shoddy operation this office is, we are talking of €10million and not just a few Euros, what were the auditors doing?
If it wasn’t for someone who sincerely deserves 'Gih ir-Republica Award' who informed the Minister, this scam could have gone on for years and the fraud that was discovered ( God knows the amounts that were not discovered) would have consequently been much, much higher!
It will be interesting to find out the names of the accused when they appear in Court!
G Falzon
Aug 9th 2009, 09:47
@Reno Calleja
Calm down, Sir! Don't jump with such fret to RIDICULOUS conclusions. How can "If the court would persist in not allowing the names of the accused to be published" if the perpetrators have not yet been arraigned? How many self-made judges are at large in this country!
G Falzon
Aug 9th 2009, 09:35
@Joseph Galea
From where did you get " 'Architect' is term that is protected by law "?
Gordon Farrugia
Aug 9th 2009, 09:29
Saviour Muscat - i couldn't have said it better!! Accountability please? Who is going to take responsibility for this? Who is going to take responsibility for the MEPA scandals? Who is going to take responsibility for projects going heavily over-budget (this is also stealing in a way!)? Who is going to take responsbility for the dire state of the country's finances?
G Falzon
Aug 9th 2009, 09:28
Dear All
Please understand that names cannot be divulged by a newspaper unless the alleged perpetrators are brought to court! Reasons are obvious.
GiovDeMartino
Aug 9th 2009, 09:13
Kieku dawn kienu nies "baxxi" kieku mhux biss isimhom u kunjomhom kienu jtuna, imma anki laqamhom halli zgur inkunu nafu min huma.
William Schembri
Aug 9th 2009, 08:56
Just my point of view. From what I can see since these businesses are in the catering, air conditioning, and construction businesses and since large amounts of money such as €370,000 were involved as refunds from the VAT department to a single company the companies involved must be big companies therefore probably employ people maybe even a lot of people. So justice should be done carefully and take into consideration the innocent employed people in such companies. Therefore there is no need to hurry and issue names of the SUSPECTED people in public before a fair trial.
What I cannot understand is why these people were not caught before during a VAT inspection. Did they have a VAT inspection? IF yes and fake purchase invoices were raised were such invoices traced to the respective sales invoices in another company? From what it seems one person has access to a lot of info. why did no one notice that amounts were written off the books and no actual cash was received?
I agree that the people involved should be thrown to prison and have their assets confiscated otherwise if their assets are not confiscated this may result in more fraud.
A Caruana
Aug 9th 2009, 07:53
One thing i can never understand in this country of Malta and perhaps also Italy.
When someone at the top does a blunder (not an error cause we are all humans)... a mega blunder that uncovers the incompetency of the individual instead of just resigning, a dumb excuse is found and nothing happens. The entity involved just goes low profile and that is the end of the story. Just look back at the other blunders in the various sectors. In other countries in the EU block or the US, such events are immediately followed by a resignation. Why is it that here none of this happens?
Also i cannot find any sense in such statements "I was the person who instigated investigations that were then passed on to the police". With all due respect but who was expected to do this? The janitor???
GiovDeMartino
Aug 9th 2009, 04:01
Imbaghad hemm xi whud li malli jitressqu l-qorti jidher mhux biss isimhom imma anki l-laqam li bih ikunu maghrufa halli zgur kulhadd ikun jaf ezatt min huma. Kulhadd xortih!!!!!!!!!
F.Buttigieg
Aug 8th 2009, 21:41
Not a bad deal €10 million = 10 years, with an income of €1 million for one year plus free bed and 3 meal paid by the tax payer for an equivalent period that makes these people the best paid in town.
Do honest people get such a good deal? Maybe if the €10 million would be 10 million days in prison shared between all involved this might be seen as fair. When will our legal system wake up to reality?
Christina Peresso
Aug 8th 2009, 20:30
We want to know the names please , what's to hide, they're the ones committing a crime . JUSTICE PLEASE
reno calleja
Aug 8th 2009, 19:50
If the court would persist in not allowing the names of the accused to be published, one of the M.P.s . should use the privelleg accorded by the House rules, name them and shame them.
In this way the press will not be breaking any law when it publishes the names.
reno calleja
David Gauci
Aug 8th 2009, 19:02
Names should be available when the accused are brought to Court and 'Only in Malta' if the Maigstrate does not issue a ban on the publishing of names. Keep cool my friends... its August.
Ernst Schmidt
Aug 8th 2009, 18:20
Names please!
d bugeja
Aug 8th 2009, 17:47
What are the names of these employees who were arrested. Why are they being held anonymous
R Pace Bonello
Aug 8th 2009, 17:42
Why no names?
lgalea
Aug 8th 2009, 17:07
Make them return every cent and sell their properties and their families properties if they had turned their properties over to their families in order not to have their properties make good for what they stole from the Maltese taxpayers.
c. camilleri
Aug 8th 2009, 15:40
Concessions have always been abused and this is no exception. Considering the amount involved and the duration of the crime i think that the penalty of 10 yr less time for good conduct is small indeed. Is it not about time for the Minister involved to review the whole penal system to bring it up to present day requirements.
Saviour Muscat
Aug 8th 2009, 15:19
In the Holy of all Holiest countries we have hit rock bottom. The biggest robbery of all times and we are told by the Commissioner of the VAT department that he has no intention of resigning. It’s not up to him to decide, he should be dismissed out rightly. 10 million euro pilfered underneath his nose and he is not aware that such a racket was taking place with nearly one fifth of his staff being taken to court. Finance Ministers and Prim Ministers have resigned for less in third world countries. If a civil servant is caught stealing a government stationary he will be expelled without much ado. These are all taxpayers money that we poor sods have to make good in taxes to recuperate the loses. Where is the Opposition in all this? If it was the other way round there would have been such an outcry and riots in the PN media asking for the government to resign. And rightly so, Dr. Lawrence Gonzi followed by finance Minister Tonio Fenech should do the honourable thing RESIGN, and as for the VAT Commissioner he should not set foot again in his office for being so incompetent.
Saviour A Ellul- Bonici
Aug 8th 2009, 14:56
@Joseph Galea@ K Vella
LOL Good job it was not reported that the culprits 'doctored" the books, we would have the Medical association up in arms.
Joseph J. Cassar
Aug 8th 2009, 13:37
Vat officials should resign while perpetrators should return 'our' stolen money.
Anthony Spiteri
Aug 8th 2009, 13:30
How about some names from both sides, or are they 'protected'
K. Vella
Aug 8th 2009, 13:23
@Joseph Galea
ar⋅chi⋅tect
/ˈɑrkɪˌtɛkt/ [ahr-ki-tekt]
–noun
1. a person who engages in the profession of architecture.
2. a person professionally engaged in the design of certain large constructions other than buildings and the like: landscape architect; naval architect.
3. the deviser, maker, or creator of anything: the architects of the Constitution of the United States.
http://dictionary.reference.com/browse/architect
Joseph Galea
Aug 8th 2009, 13:12
I strongly object to the term "Architects" being used to describe the perpetrators of such fraud and criminal activity. 'Architect' is term that is protected by law and should not be used indiscriminately. The Kamra Tal-Periti should make a formal objection.
Michael Neville Cassar
Aug 8th 2009, 11:29
Heartless robberies from the citizens of Malta and Gozo, I hope that those found guilty will be made to return the amounts of money and will serve a long term in prison. Whilst they are disgracefully and permanently discharged, and prevented form holding such a responsible position with the government and in any private public sectors.
Joe Fenech
Aug 8th 2009, 10:23
Hang them!
Miguel Micallef
Aug 8th 2009, 10:11
10 Years?!
That's almost an invitation for everyone to try this.
I'd rather spend 10 years in prison and have the chance to earn 370,000 eur (and more) then work my entire lifetime for the peanuts the average worker earns. I've already spent more than 10 years at work and I dont have 370,000 eur :)
I hope everyone realize that these people did not steal from the VAT dept, they did not steal from the government, but they stole from US. We have to make up for that money through increased taxes.