WASHINGTON – Lynn Lakers, a Boulder City, Nev., tax-return preparer, has been permanently barred in connection with an alleged offshore-trust tax scam, the Justice Department announced today. It is alleged that Lakers, participating with three others, prepared false tax returns for phony trusts sold by her fellow defendants. She consented to the injunction order. According to the complaint, the Internal Revenue Service (IRS) estimates that this tax fraud scheme resulted in at least $31 million in lost revenue to the federal Treasury.

The other two defendants who consented to a permanent injunction earlier this year are Daniel Young of Las Vegas, who allegedly created phony domestic and foreign trusts to move customers’ assets from the United States to offshore banks located in the West Indies, and Stephen Nestor of Boise, Idaho, a former IRS revenue officer who allegedly signed false tax returns on behalf of customers’ bogus trusts. The case remains pending against a fourth defendant, Reinhold Sommerstedt.

Judge Brian E. Sandoval of the U.S. District Court for the District of Nevada entered injunctions against Nestor and Young in May 2006 and against Lakers on Nov. 20th. The injunctions prevent the three individuals from promoting the alleged tax-fraud scheme or preparing tax returns based on it. They must also give the government a list of their customers’ names, addresses, e-mail addresses, telephone numbers, and Social Security numbers. Nestor and Young have already complied with this portion of the injunction order.

According to the government’s complaint, the scheme allegedly helped customers hide their income from the IRS in Caribbean bank accounts. The defendants’ customers allegedly used phony loans and gifts to repatriate their money while concealing it from the IRS. Customers allegedly paid as much as $14,500 to participate in the scheme.

In a Tuesday ruling, Judge James Robertson of the US District Court for the District of Columbia declared that "the Treasury Department’s failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates section 504 of the Rehabilitation Act." Section 504 provides that no disabled person shall be "subjected to discrimination . . . under any program or activity conducted by any Executive agency." In support of its decision, the court noted that over half of all countries that print their currency vary its size or texture to aid the blind. The court rejected the government's arguments that the change would be cost prohibitive, increase counterfeiting, and disrupt international recognition of US currency.

Robertson wrote:

Plaintiffs have demonstrated that they lack meaningful access to US currency. They have put forth several potential accommodations that are reasonable on their face. The government has not sustained its burden of showing that any of them would be unduly burdensome to implement... I will grant plaintiffs’ prayer for a declaratory judgment.

The American Council of the Blind filed the action four years ago. Under 28 USC s.1292(b), the government has ten days to appeal the ruling.

WASHINGTON – Kellogg Brown and Root (KBR) has agreed to pay the United States $8 million to settle allegations of overcharging and other procurement irregularities regarding the Houston-based company’s billings to the Army under a contract for logistical support of military operations in the Balkans during 1999 and 2000, the Justice Department announced today. The settlement resolves allegations under the False Claims Act that concerned various purchase orders awarded to 10 different foreign KBR subcontractors or vendors.

Part of the allegations concerned double-billing or delivery of non-comforming products by aggregate suppliers for use in the construction of Camp Bondsteel in Kosovo. The other matters generally involved inflation of prices for various goods resulting from the alleged failure to ensure competitive procurements.

“The Department of Justice remains committed to vigorously pursuing allegations of procurement abuses affecting the military,” said Peter D. Keisler, Assistant Attorney General for the Department’s Civil Division.

The U.S. Army Criminal Investigation Division and the Defense Criminal Investigative Service participated in the investigation of this matter.

Saddam Hussein's genocide trial resumed Monday with testimony from witnesses describing how Hussein's soldiers executed civilians during the "Anfal" campaigns against ethnic Kurds in northern Iraq from 1987 to 1988. All seven defendants appeared in court, though several were represented by court-appointed lawyers while members of the defense team continue their boycott of the proceedings.

In a separate case and ruling issued earlier this month, Hussein was sentenced to death for crimes against humanity committed in the Iraqi town of Dujail. An appeals panel is expected to rule on the verdict and sentence by mid-January 2007. Prosecutors hope to complete the Anfal trial before Hussein is executed.

After the program was first disclosed last year, inspectors general from both the DOJ and the Defense Department refused requests to investigate the program, with Fine citing a lack of jurisdiction. The DOJ request was referred to the department's Office of Professional Responsibility, but the internal probe into the role DOJ lawyers played in designing the program was dropped after the NSA denied investigators clearance to review all relevant documents. Attorney General Alberto Gonzales later said that President Bush personally put an end to the internal OPR investigation.

Jeff  Castaldo
Staff Reporter