Seven plead guilty and get suspended sentences
Heftiest penalty likely to be general interdiction
The first seven men to plead guilty in the VAT department scam yesterday were given suspended sentences, three of them also being fined about €1,800 between them.
They also got a general interdiction, which basically removes their legal status in matters such as voting and being party to a contract of any kind.
VAT employee Carmel Deguara faced a maximum 10 years imprisonment and a fine of over €45,000 after he admitted to accepting bribes and disclosing professional secrets.
The rest were facing a similar if slightly lighter sentence but the charges varied from bribery and fraud to trading in influence. They were the first to be arraigned out of a total of 32 people (six VAT department employees, six "go-betweens" and 20 businessmen) who are expected to be charged over the case, which has shaken one of the government's largest revenue streams.
Lawyer Edward Gatt, who was the first to make his case for his three clients - Mr Deguara, 38-year-old middleman Jesmond Abela and businessman Neville Mula, 26 - pointed out that his clients fell under the remit of a suspended sentence.
Another three guilty pleas followed by 54-year-old Sebastian Bonnici, businessman Maurice Agius, 66, and Medairco director Anthony Migneco, 62.
Eventually the hearings were postponed but not before three of the accused, Munther Ananbeh, Ludwig Camilleri and Adrian Debono, were fined €100 for contempt of court after they failed to appear when summoned.
Besides the fines (the highest amounting to €700), the heftiest penalty for those sentenced will likely be the general interdiction, which means that, from here on, they will not be able to perform any form of civil acts, such as selling or buying property, sign official documents, such as contracts, hold a public office or even vote.
The suspended sentences (the highest being a two-year jail term suspended for four years) means that they will not serve time in jail if they go through the period in which the judgment is operative without committing another crime.
Mr Abela was the first to plead guilty to the charges of bribery and fraud. He was given an 18-month jail term suspended for four years.
Mr Mula of Għargħur, who got an identical judgment, was approached by the man believed to be the mastermind, Nigel Abela, who reduced some €11,500 in VAT fines to about €4,750.
Mr Deguara, of Marsascala, admitted to bribery and corruption after he took about €466 to issue an unwarranted VAT refund. He also admitted to disclosing professional information. He was given a two-year jail term suspended for four and fined €450.
Mr Agius, of Swieqi, owed the department over €7,000 in fines and late payments. He approached Nigel Abela and paid him €2,330 to reduce the amounts. The court handed down an 11-month jail term suspended for three years.
Mr Migneco, of Attard, tried to get a reduction on the €198,400 he owed the VAT Department. He was given an 18-month jail term suspended for four years.
Another businessman, Gregory Brincat, 49, of Madliena, pleaded guilty to bribery and fraud. Defence counsel Joseph Giglio said his client had acted on behalf of four companies that were unaware of what was going on and had since paid the department the full amount owed.
Mr Brincat was given an 18-month jail term suspended for four years and fined €700.
Mr Bonnici, of Qormi, also pleaded guilty to bribery, fraud and submitting false VAT returns. He was given an 18-month jail term suspended for four years and fined €700.
The scam was initially based on taking bribes for waiving fines on late VAT returns, with a department official, a businessman and two middlemen being involved, according to police sources.
Many people were unaware that it was the government's policy to waive them anyway when a business fell in line because fines on late VAT returns are draconian. Eventually, the matter developed into a full blown scam in which businessmen who owed money to the department would end up being owed money themselves.
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GiovDeMartino
Sep 12th 2009, 18:30
Daily Express yesterday: The shockiing reality of soft justice in Labour's Britain was exposed yesterday by the revelation thaty 4256 criminals, inc rapists and paedophiles were let off by the police.......IN BRITAIN not in dal-pajjiz tal-Mickey Mouse.
Kenneth Cassar
Sep 11th 2009, 12:31
@ a. micallef:
Bl-istess argument, tista tiftah il-bibien tal-habs berah.
a.micallef
Sep 11th 2009, 08:53
kulhadd subajh dritt hawn malta.min jolli jdejh kulhadd andu xi jxomm................................................
Anthony Mizzi
Sep 11th 2009, 08:09
With the sentences given, makes it truly worthwhile . No deterrent in sentences given.
Culprits should be made to at least made refund the frauded funds.
Kenneth Cassar
Sep 11th 2009, 07:57
@ m mifsud:
Yeah, right. Use the wives and children as human shields.
mario nicholas pace
Sep 10th 2009, 20:55
SHAME ON THE MALTESE JUSTICE!
Robert Callus
Sep 10th 2009, 20:25
Great, so a rehabilitated drug addict who forgot to sign at the police a couple of times gets six months prison and seven people guilty of massive fraud all get a suspended sentence! Justice of course
George Debono
Very well said :)
Denis Catania
Sep 10th 2009, 18:32
Suspended sentences shame, shame, shame lol lol lol. This sentence is a license for all VAT employees and business owners to steal. Also lets not forget that plea with a great deal, means no testimony's from business owners, where others VAT employees and or government officials might be involved, and again will get away with robbing the Maltese people. TONIO FENECH resign at once.
Meanwhile I win a appeal at the VAT dept, they take it to court, I win that appeal in court and 6 months later, I still don't have my money. Maybe I don't know the right people, right Tonio Fenech. Every Minister should be investigated by outside non Maltese investigators hired by the people for the people.
Sandra Ellul
Sep 10th 2009, 17:57
M Mifsud – most of us have children to clothe, feed and send to school and we manage to do that without defrauding anyone.
Can’t understand what you’re ranting about . Do you condone what has happened? Or you believe that the accused have been punished enough and that the people in the street are expecting too much? Do you agree that the money should be refunded to the government coffers?
Two wrongs don’t make a right.
Martin Chetcuti
Sep 10th 2009, 17:32
wow this is really good news. People who dont pay taxes on time etc get a discount!!! Public officials working at the VAT dept just get a scolding!!! Wow the law is really upholding the unlawful lot!!1 hm i'm thinking if i should still remain a lawful citizen!! it does not pay!!
Michael Neville Cassar
Sep 10th 2009, 17:24
M mifsud) the reason why these comments are aired is because we all work for our families. If the criminals involved wanted to take care of their families and children they should have thought at what they were doing. Stealing others is also stealing from our children and families, and not the government. Yes anyone who steals must pay and return every cent and then pay for his/her crime. Anyone who thinks that he can get away will have to pay and pay according to the harm he has caused No more excusable.
Anna Borg
Sep 10th 2009, 17:03
XOGHOL, GUSTIZJA W LIBERTA.
Joe Tabone-Adami
Sep 10th 2009, 15:33
Has the Attorney General any possibility of appealing from the Court's judgement in this case? "Suspended sentence" without possibility of refund is not an unpleasant outcome, is it?
George Caruana
Sep 10th 2009, 15:01
@Victor Ross;
Giving these 'sentences' for convicted fraud are enough to conclude that our justice system is a sham, providing no deterrence to crime, and leaves us feel unsafe and unsecure. Irrespective any civil proceedings and their context.
E. Azzopardi
Sep 10th 2009, 14:49
I personally believe these are very light sentences and I am not alone in this. Incredible but true. And this comes after the amensty on tax. I have been calling myself a real fool lately.
All this does not really give you motivation, does it?
Still, after all this, the person or persons responsible to see that this DOES NOT HAPPEN, should be the first to go or if they don't do it themselves, then somebody else should see them to the main door for the last time.
m mifsud
Sep 10th 2009, 14:07
GET A LIFE ALL OF YIOU
so as you asre all saying, why dont they line them all up against a wall and execute them in the process?????
at the end of the day, these people all have families and children. so what if they place other members of the family at the forefront of their business? they have to feed their children and educate them at the end of the day. next someone is going to sugguest that their kids not be allowed to attend govt school, use public hospitals etc. if they dont work, who is going to support their families or should they go on the dole, then what you all start critiscing them for taking your money all over again.
COME ON ALL, dont tell me NONE OF YOU EVER AVOIDED VAT. let's see : IL-BAJAD, TILE LAYERS, CARPENTERS ETC ETC ETC all have the same 'ghajta' : KIF TRIDU L-KONT ? BIL-VAT JEW MINGHAJR?'
The first person who says he wanted his bill inclusive of VAT, then please feel free to throw the first stone.
George Debono
Sep 10th 2009, 13:54
When I grow up I want to be VAT fraudster.
I will make lots and lots of money and then get caught and fined 5 Eur and given a suspended sentence.
After that I will retire to a life of luxury away from it all on my girlfriend'sn yacht in Montecarlo...
Can't wait !!!
:-)
G
michael fenech
Sep 10th 2009, 13:33
These sentences are nothing but an insult to the general public, with the fines that these people are given they are still making a profit from there crime. WHAT A JOKE.
And shouldn’t the Minister responsible SETP DOWN???????????? AS IF.
P.Cassar
Sep 10th 2009, 13:26
WOULD YOU BELIEVE IT
Such a number of people, inside and outside the dept, involved. Fraud going on for so many YEARS AND THE CUE ABOUT ALL THIS COMES FROM A PERSON who had been approached???
Where are the checks about OUR money??? Who polices the policemen??? and the HON. MINISTER KEEPS SMILING ON!!!!!
Only in Malta.
Michael Neville Cassar
Sep 10th 2009, 13:21
To Whom It May Concern: Sir do you not receive a negative message from these sentence, are we not telling government employees that they have no cause to worry.
Are we not telling the police not to bother too much in investigating criminal activity as the punishments have little to no deterrent effect? In ones mind are such sentences putting serious doubt in the courts? How can the population have trust in the authority the government as a whole in the institution it is a shame and a pity that honest people have to endure this atmosphere of the criminal getting away.
Victor Ross
Sep 10th 2009, 12:50
The Law is quite clear. When a robbery takes place and the thief is caught he is taken to court and given a sentence. Now that sentence doesn't exclude the perpatrator from refunding the goods stolen. As a matter of fact every citizen has a legal right to sue the robber for the return of his goods. No one does it because everyone knows that it would be a waste of time and money. In this case it is even more drastic, because legally the VAT Department have the right to sue these people for its money not only by means of the civil code but also through the criminal code. So in fairness sake before we start coming to conclusions lets wait and see what couse of action the VAT Dept is going to take against these people after THIS case is over. The sentences being meted out now are only for the action i.e. fraud .
J. Buhagiar
Sep 10th 2009, 12:29
Unfortunately the law is an ass. The Magistrate most probably had no alternative but to give these sentences.
What really troubles me is how a fraud of this size (10,000,000 Eur) was not exposed by any auditor from the Vat Departement.
Remember that this was exposed by someone from outside.
So a simple question is: who is responsiblefor the checkes and balances in an institution as the Vat Departement and why weren't there any resignations.
Some may have forgot but weren't there already a scandal at the Vat Departement regarding the Vat Lottery some years back.
And can someone please reaffirm the Public that no other Departement is suffering from the same problem??
Nigel Lawrence
Sep 10th 2009, 11:57
All in all, they are making a pretty good (tax free) profit.
Ramon Casha
Sep 10th 2009, 11:06
Wow, defrauding Malta seems to be a really worthwhile career path. The worst you'll get is a gently pat on the hand.
Joanne Micallef
Sep 10th 2009, 11:05
WE WANT OUR MONEY BACK. The country’s finances are anything but rosy, these people stole from our coffers and we demand to be reimbursed.
Chrissey Galea
Sep 10th 2009, 10:51
WHAT a joke, TRY leaving the island on a false passport ..............PRISON SENTENCE !!!! Defraud the goverment a slap on the wrist for all the criminal business men.
Franco Farrugia
Sep 10th 2009, 10:36
But are these people going to be made to give back what they stole? Because otherwise, what kind of sentences are these? Suspended sentences and disgusting fines? Where is justices in this matter? We, the people in this country, deserve to know. After all, judges are there representing the people, ad when I mean the people, I mean society at large. Otherwise, what messages are these institutions giving??
Claris Galea
Sep 10th 2009, 10:26
I do not care about the pat on the hand for being naughty .
??? How will the Minister responsible be collecting the money which has been defrauded.
And if 10 million was embezzelled , how many more people had their finger in the pie ????
Is this just a smoke screen to cover up for the heads of department who were involved and helped the people in the know ??
Please choose the reason of your report below: