Category: Taxation

  • MIL-OSI USA: California Man Sentenced for 20-Year Scheme to Evade Employment Taxes

    Source: US State of California

    Defendant Caused Approximately $60M in Loss to United States Which He Used to Fund a Lavish Lifestyle

    A California man was sentenced today to 96 months in prison and ordered to pay $38 million in restitution for a decades-long scheme to evade employment taxes.

    The following is according to court documents and statements made in court: for more than 20 years, Luis E. Perez was the owner and primary decision-maker for more than a dozen labor staffing companies including Check Mate Inc., BaronHR LLC, BaronHR West Inc., and Fortress Holding Group LLC. Typically, a labor staffing company helps connect job candidates with client-companies looking for temporary employees. The staffing company also usually remains responsible for paying the temporary employees’ wages and complying with associated reporting and tax obligations. Specifically, the companies were responsible for withholding Social Security, Medicare, and income taxes from employees’ wages and paying those funds over to the IRS each quarter. They were also responsible for paying their own Social Security and Medicare taxes. The timely payment of these taxes is critical to the functioning of the U.S. government, because, for example, they are the primary source of funding for Social Security and Medicare. The federal income taxes that are withheld from employees’ wages also account for a significant portion of all federal income taxes collected each year.

    For nearly as long as Perez was in business, he was noncompliant with his tax obligations. Starting as early as 2001, Perez began not paying over the full amount of taxes withheld from employees’ wages or the full amount of Social Security and Medicare taxes his companies owed. In June 2007, Perez personally owed the IRS taxes related to Check Mate Inc., which the IRS was attempting to collect. By 2017, Perez’s outstanding tax liability had ballooned to nearly $30 million. Between 2007 and 2017, Perez tried to hinder IRS collection efforts in a number of ways. He used BaronHR and Fortress Holding Group’s bank accounts to make personal purchases, such as several luxury items, including automobiles and a boat. He titled the items in the names of several nominees to conceal his ownership from the IRS and to prevent the IRS from seizing them. In addition, he opened a credit card in the name of a nominee and used the card to make personal purchases. He then paid the bills for that credit card from those same business bank accounts. Perez also funneled money from BaronHR and Fortress Holding Group to a nominee, but then used the funds for himself. To further impede IRS collection efforts, Perez lied to IRS revenue officers and submitted false forms to the IRS about his income.

    Perez’s misconduct continued even after he was charged for tax offenses in February 2018. From January 2018 through June 2019, he reported that BaronHR West had paid total wages of approximately $54 million and paid approximately $7 million in total taxes on these wages to the IRS. In fact, BaronHR West paid approximately $185 million in total wages and was required but did not pay approximately $37 million in total taxes to the IRS. Similarly, during the first quarter of 2022, BaronHR West paid about $30 million in wages and was obligated to pay nearly $6 million in taxes. The company paid only $76,000.

    In total, Perez caused a tax loss to the IRS of approximately $60 million.

    Instead of paying his tax obligations, Perez used the money to fund a lavish lifestyle for himself, including multiple large residences, courtside seats to the Los Angeles Lakers, a private jet, a yacht, and dozens of luxury automobiles, including Bentleys and Lamborghinis.

    In addition to his prison sentence, U.S. District Court Judge Kenly Kiya Kato for the Central District of California ordered Perez to serve three years of supervised release and pay $38,052,767 in restitution to the IRS.

    Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and U.S. Attorney Bilal A. Essayli for the Central District of California made the announcement.

    IRS Criminal Investigation investigated the case.

    Trial Attorney Robert Kemins of the Tax Division and Assistant U.S. Attorneys Brett A. Sagel and James C. Hughes for the Central District of California prosecuted the case

    MIL OSI USA News

  • MIL-OSI Security: California Man Sentenced for 20-Year Scheme to Evade Employment Taxes

    Source: United States Attorneys General 1

    Defendant Caused Approximately $60M in Loss to United States Which He Used to Fund a Lavish Lifestyle

    A California man was sentenced today to 96 months in prison and ordered to pay $38 million in restitution for a decades-long scheme to evade employment taxes.

    The following is according to court documents and statements made in court: for more than 20 years, Luis E. Perez was the owner and primary decision-maker for more than a dozen labor staffing companies including Check Mate Inc., BaronHR LLC, BaronHR West Inc., and Fortress Holding Group LLC. Typically, a labor staffing company helps connect job candidates with client-companies looking for temporary employees. The staffing company also usually remains responsible for paying the temporary employees’ wages and complying with associated reporting and tax obligations. Specifically, the companies were responsible for withholding Social Security, Medicare, and income taxes from employees’ wages and paying those funds over to the IRS each quarter. They were also responsible for paying their own Social Security and Medicare taxes. The timely payment of these taxes is critical to the functioning of the U.S. government, because, for example, they are the primary source of funding for Social Security and Medicare. The federal income taxes that are withheld from employees’ wages also account for a significant portion of all federal income taxes collected each year.

    For nearly as long as Perez was in business, he was noncompliant with his tax obligations. Starting as early as 2001, Perez began not paying over the full amount of taxes withheld from employees’ wages or the full amount of Social Security and Medicare taxes his companies owed. In June 2007, Perez personally owed the IRS taxes related to Check Mate Inc., which the IRS was attempting to collect. By 2017, Perez’s outstanding tax liability had ballooned to nearly $30 million. Between 2007 and 2017, Perez tried to hinder IRS collection efforts in a number of ways. He used BaronHR and Fortress Holding Group’s bank accounts to make personal purchases, such as several luxury items, including automobiles and a boat. He titled the items in the names of several nominees to conceal his ownership from the IRS and to prevent the IRS from seizing them. In addition, he opened a credit card in the name of a nominee and used the card to make personal purchases. He then paid the bills for that credit card from those same business bank accounts. Perez also funneled money from BaronHR and Fortress Holding Group to a nominee, but then used the funds for himself. To further impede IRS collection efforts, Perez lied to IRS revenue officers and submitted false forms to the IRS about his income.

    Perez’s misconduct continued even after he was charged for tax offenses in February 2018. From January 2018 through June 2019, he reported that BaronHR West had paid total wages of approximately $54 million and paid approximately $7 million in total taxes on these wages to the IRS. In fact, BaronHR West paid approximately $185 million in total wages and was required but did not pay approximately $37 million in total taxes to the IRS. Similarly, during the first quarter of 2022, BaronHR West paid about $30 million in wages and was obligated to pay nearly $6 million in taxes. The company paid only $76,000.

    In total, Perez caused a tax loss to the IRS of approximately $60 million.

    Instead of paying his tax obligations, Perez used the money to fund a lavish lifestyle for himself, including multiple large residences, courtside seats to the Los Angeles Lakers, a private jet, a yacht, and dozens of luxury automobiles, including Bentleys and Lamborghinis.

    In addition to his prison sentence, U.S. District Court Judge Kenly Kiya Kato for the Central District of California ordered Perez to serve three years of supervised release and pay $38,052,767 in restitution to the IRS.

    Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and U.S. Attorney Bilal A. Essayli for the Central District of California made the announcement.

    IRS Criminal Investigation investigated the case.

    Trial Attorney Robert Kemins of the Tax Division and Assistant U.S. Attorneys Brett A. Sagel and James C. Hughes for the Central District of California prosecuted the case

    MIL Security OSI

  • MIL-OSI: Acceleware Ltd. Reports First Quarter 2025 Financial and Operating Results

    Source: GlobeNewswire (MIL-OSI)

    CALGARY, Alberta, May 22, 2025 (GLOBE NEWSWIRE) — Acceleware® Ltd. (“Acceleware” or the “Company”) (TSX-V: AXE), an advanced electromagnetic (“EM”) heating company with highly scalable solutions for large industrial applications, today announced its financial and operating results for the three months ended March 31, 2025 (all figures are in Canadian dollars unless otherwise noted). The Company’s products are branded EM Powered Heat and provide a pathway to economically electrify and decarbonize industrial heating processes previously considered difficult to abate. EM Powered Heat technology is powered by the Company’s proprietary Clean Tech Inverter (“CTI”) for applications including enhanced oil recovery (“RF XL”), mining and mineral processing, carbon capture, cement and concrete, and agri-food. In addition to EM Powered Heat, the Company also provides specialized scientific high-performance (“HPC”) software. This news release should be read in conjunction with the Company’s unaudited interim condensed financial statements and the accompanying notes for the three months ended March 31, 2025 and management’s discussion and analysis (“MD&A”) thereto, together with the audited financial statements for the year ended December 31, 2024, notes and MD&A thereto, all of which are available on Acceleware’s website at www.acceleware.com or on www.sedarplus.ca.

    HIGHLIGHTS

    Financial highlights:

      Three Months Ended
        March 31, 2025     March 31, 2024  
    Revenue $ 431,226   $ 43,594  
    Comprehensive loss $ (382,195 ) $ (969,971 )
    R&D expenditures $ 420,829   $ 501,115  
                 

    Acceleware is piloting RF XL at its commercial-scale RF XL pilot project at Marwayne, Alberta (the “RF XL Pilot”). The RF XL Pilot successfully demonstrated the potential of the technology in an operational environment. RF XL is the first application of the Company’s patent-protected CTI. Functionality of the CTI has been proven through scaled field tests conducted in 2019 and 2020, and over six months of operation at the RF XL Pilot. Please refer to the RF XL PILOT UPDATE section below for more information, and to the MD&A for a complete RF XL Pilot update.

    Based on positive results to date, Acceleware remains confident that RF XL will become viable as a critical technology in the effort to reduce production costs and decarbonize heavy oil and oil sands production. In 2024, the Company’s operations team continued data analysis, “history-matching” simulations and other analyses of operational data from tests in 2022. The analysis provides evidence that the operation of the RF XL Pilot resulted in sustained heating of the formation around the heating well prior to the pause in operations for maintenance and inspection. In particular, the Company successfully injected RF power into the heating well for over 200 days — a significant milestone and something that has never been achieved before. Also of note is that the CTI successfully operated for seven consecutive months at a variety of power levels and operating conditions during this time.

    In the three months ended March 31, 2025, the Company continued to work on the next iteration of the RF XL subsurface system to more concretely address technical issues that were illuminated during the first phase of heating at the RF XL Pilot. These iterations are also expected to significantly reduce the complexity of the subsurface structure, while reducing manufacturing and deployment costs once commercialized. This redesign work is now complete and ready for manufacturing and deployment. The Company is seeking funding for a second phase of heating at the RF XL Pilot incorporating the new subsurface design and existing surface facilities including the CTI. During 2024 the Company confirmed that the expected cost to redeploy the upgraded design at Marwayne would be approximately $5 million including contingency. Also in 2024, the Company announced that it had secured a total of up to $1.3 million in non-dilutive funding from the Clean Resource Innovation Network (“CRIN”) for the next phase of the RF XL Pilot, contingent on the Company sourcing the remaining $3.7 million. The Company has identified several industry and government potential funders and has discussed the project with them. The purpose of the second phase of heating at the RF XL Pilot is to enable higher power to be distributed into the reservoir for a sustained period, resulting in higher reservoir temperatures and oil production, to advance the potential commercial viability of RF XL technology.

    In addition to development work, and with results gained from RF XL deployment in Marwayne to date, Management has also initiated a strategic review of the commercialization plan for RF XL. The process involved analyzing various heavy oil and bitumen reservoirs in western Canada, with the goal of identifying the optimal resources for the demonstration of commercial viability of RF XL. These reservoirs included not only the vast McMurray oil sands, but also heavy oil plays including the Clearwater in north-central Alberta, the Bluesky in west-central Alberta, and the Mannville Stack in eastern Alberta and western Saskatchewan. The review process has led Management to conclude that heavy oil plays offer the greatest near-term potential for commercializing RF XL, due to lower initial capital per well, ability to scale from one heating well to many, lower operating cost to effectively decrease viscosity, and the potential for significant incremental production and ultimate recovery to make uneconomic resources economic. Once proven in heavy oil, Management believes the oil sands will offer significant market expansion potential.

    In Q1 2025 Acceleware’s board of directors approved an initiative proposed by Management to investigate (in parallel with continued effort to progress a second phase of heating at Marwayne) the opportunity for Acceleware, as an operator, to acquire rights to a suitable heavy oil property, and thereafter apply RF XL as a secondary recovery method to improve the property’s production, cashflow, ultimate recovery and asset valuation. Under this scenario, Acceleware would benefit from the valuation enhancement brought about by RF XL. Management has commenced its investigation pursuant to this initiative as of the date of this news release. In the three months ended March 31, 2025 the Company’s subsurface team refined its reservoir selection criteria and identified several promising locations for a commercial demonstration of RF XL.

    As of the date of this news release, the Company completed additional IMII-funded testing of a 100kg per hour prototype potash dryer with further promising results. IMII and its participating members had requested additional testing under various scenarios before considering the Company’s Phase 3 proposal for the design, construction and testing of a new, larger-scale prototype. Acceleware expects to learn if IMII and its members will sanction a Phase 3 project later this year. IMII’s minerals industry members include BHP, Cameco Corporation, Fission Uranium Corp., The Mosaic Company and Nutrien Ltd.

    During the three months ended March 31, 2025, Acceleware continued to invest in developing and protecting new intellectual property with the number of patents issued, allowed, applied for, or in development totalling 62. The Company has 28 patents granted or allowed to protect various proprietary technologies and 34 patent applications pending or under development. The Company uses an integrated strategy for IP protection involving a combination of patenting and trade secrets, working closely with the patent offices and intellectual property advisors.

    RF XL PILOT UPDATE
    Acceleware plans to initiate a second phase of heating after completing a proposed significant subsurface design upgrade to address the moisture ingress issue. Prior to the next phase of heating, all RF XL subsurface components will be removed, and substantially upgraded, and then redeployed. This plan was developed in consultation with industry partners and service providers and among the alternatives examined, it is expected to have the highest probability of achieving higher power injected into the reservoir for a sustained period. The subsurface design was further refined in Q1 2025 to more completely address the moisture ingress issue, to increase simplicity and to reduce costs for the commercial product. The refined design is not expected to materially impact the estimated cost for the second phase of heating at the RF XL Pilot. An estimated additional $5 million of funding is required to complete the redeployment including contingency, and Acceleware is actively working to raise these funds. Acceleware has secured $1.3 million partial funding for the redeployment conditional on securing the balance of the funds from industry partners or other sources. The final timing and cost of the redeployment and subsequent heating is uncertain and remains primarily dependent on financing, partner investment, the time required to source the remaining financing, and the successful deployment of repairs and components.

    Total direct funding received for the first phase of the RF XL Pilot was $24.4 million and included $5.9 million from Alberta Innovates, $5.5 million from Sustainable Development Technology Canada (“SDTC”), $5.0 million from Emissions Reduction Alberta (“ERA”), $3.0 million from CRIN and $5.0 million in aggregate from three oil sands operators. See discussion below in Financial Summary. In exchange for funding, the oil sands operators received exclusive access to detailed technical data and test results, prioritized rights to host a subsequent test, preferred pricing on pre-commercial products and preferred access to RF XL products. These major oil sands producers represent well over one million barrels of oil sands and heavy oil production per day.

    QUARTER IN REVIEW
    Revenue of $431 thousand was recorded in the three months ended March 31, 2025 (“Q1 2025”) compared to $44 thousand in the three months ended March 31, 2024 (“Q1 2024”) and $1.9 million in the previous quarter ended December 31, 2024 (“Q4 2024”). Revenue in Q4 2024 was substantially associated with deferred revenue recognized relating to a contract with one oil sands producer for the RF XL Pilot.

    Total comprehensive loss for Q1 2025 was $383 thousand compared to a comprehensive loss of $1.0 million for Q1 2024 and comprehensive income of $0.9 million for Q4 2024. The reduction in comprehensive loss in Q1 2025 compared to Q1 2024 was due to higher revenue and a significant reduction in R&D and G&A expenses. Comprehensive income in Q4 2024 was higher due to revenue related to the RF XL Pilot. Finance expense includes interest expense on convertible debentures and notes payable which are funding the Company’s working capital. Comprehensive income in all periods was impacted by changes in value of the derivative financial instruments embedded within the convertible debenture. The changes in derivative value are driven primarily by the fluctuation in the Company’s share price.

    R&D expenses incurred in Q1 2025 were $421 thousand compared to $501 thousand in Q1 2024 and $581 thousand in Q4 2024. R&D spending in Q1 2025 and Q4 2024 was related to the IMII dryer for potash ore and included lab engineering, designing and testing, data analysis, and partner consultations, and to further engineering on the next iteration of the RF XL Pilot. R&D spending in Q1 2024 was related to the RF XL Pilot. There was $nil government assistance received in Q1 2025, Q4 2024 and Q1 2024.

    G&A expenses incurred in Q1 2025 were $253 thousand compared to $452 thousand in Q1 2024 and $315 thousand in Q4 2024. There were lower non-cash payroll related costs incurred in Q1 2025 due to the timing of option grants and lower professional fees as the Company continues to prioritize cost control given uncertain economic conditions.

    As at December 31, 2024, Acceleware had negative working capital of $3.6 million (December 31, 2024 – negative working capital of $3.4 million) including cash and cash equivalents of $211 thousand (December 31, 2024 – $272 thousand). The increase in negative working capital is attributable to the decrease in cash as well as an increase in short term notes payable, and an increase in deferred management compensation.

    In the interests of matching cash requirements with a combination of cash generated from operations, external funding, and capital raising activities, the Company actively manages its cash flow and investments in new products. Acceleware intends to maximize cash generated from operations through several initiatives which include continuing to focus on higher gross margin software products that are marketed through a combination of direct and reseller models; minimizing operating expenses where possible; and limiting capital expenditures. As the Company continues to develop its RF Heating technology, new R&D investments will be financed through a combination of internal cash flow from the HPC business, project funding agreements, government assistance and external financing, when available.

    ABOUT ACCELEWARE:
    Acceleware is an innovator of clean-tech decarbonization technologies comprised of two business units: Radio Frequency Heating Technology and Seismic Imaging Software.  

    Acceleware is piloting RF XL, its patented low-cost, low-carbon production technology for heavy oil and oil sands that is materially different from any heavy oil recovery technique used today. Acceleware’s vision is that electrification of heavy oil and oil sands production can be made possible through RF XL, supporting a transition to much cleaner energy production that can quickly bend the emissions curve downward. With clean electricity, Acceleware’s RF XL technology could eliminate greenhouse gas (GHG) emissions associated with heavy oil and oil sands production. RF XL uses no water, requires no solvent, has a small physical footprint, can be redeployed from site to site, and can be applied to a multitude of reservoir types. Acceleware is also actively developing partnerships for RF heating of other industrial applications using the Company’s proprietary CTI.

    Acceleware and Saa Dene Group (co-founded by Jim Boucher) have created Acceleware | Kisâstwêw to raise the profile, adoption, and value of Acceleware technologies. The shared vision of the partnership is to improve the environmental and economic performance of the energy sector by supporting ideals that are important to Indigenous peoples, including respect for land, water, and clean air.

    The Company’s seismic imaging software solutions are state-of-the-art for high fidelity imaging, providing the most accurate and advanced imaging available for oil exploration in complex geologies. Acceleware is a public company listed on Canada’s TSX Venture Exchange under the trading symbol “AXE”.

    NOTE REGARDING FORWARD-LOOKING INFORMATION AND OTHER ADVISORIES
    This news release contains “forward-looking information” within the meaning of Canadian securities legislation. Forward-looking information generally means information about an issuer’s business, capital, or operations that are prospective in nature, and includes disclosure about the issuer’s prospective financial performance or financial position. 

    The forward-looking information in this press release can be identified by terms such as “believes”, “estimates”, “plans”, “potential”, and “will”, and includes information about, the expected commercialization of RF XL, the expected cost of the RF XL Pilot, the timing of the execution of the RF XL Pilot and the redeployment, expected financing required for the RF XL Pilot redeployment, the anticipated economic and societal benefits of the RF XL technology, and the future development plans related to potash ore drying prototypes. Acceleware assumes that current cost estimates are accurate, current timelines will not be delayed by either internal or external causes, that research and development effort including the commercial-scale test plans will result in commercial-ready products, and that future capital raising efforts will be successful.  

    Actual results may vary from the forward-looking information in this press release due to certain material risk factors. These risk factors are described in detail in Acceleware’s continuous disclosure documents, which are filed on SEDAR at www.sedar.com. 

    Acceleware assumes no obligation to update or revise the forward-looking information in this press release, unless it is required to do so under Canadian securities legislation. 

    This news release does not constitute an offer to sell or a solicitation of an offer to buy any of the securities described in this release in the United States. The securities have not been and will not be registered under the United States Securities Act of 1933, as amended (the “U.S. Securities Act”), or any state securities laws and may not be offered or sold within the United States or to U.S. persons unless registered under the U.S. Securities Act and applicable state securities laws or an exemption from such registration is available. 

    DISCLAIMER

    Neither the TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.

    For more information:
    Geoff Clark
    Tel: +1 (403) 249-9099
    geoff.clark@acceleware.com

    Acceleware Ltd.
    435 10th Avenue SE
    Calgary, AB, T2G 0W3
    Canada
    Tel: +1 (403) 249-9099
    www.acceleware.com

    The MIL Network

  • MIL-OSI USA: PLASKETT RELEASES STATEMENT ON HOUSE PASSAGE OF RECONCILIATION BILL

    Source: United States House of Representatives – Congresswoman Stacey E. Plaskett (USVI)

    PLASKETT RELEASES STATEMENT ON HOUSE PASSAGE OF RECONCILIATION BILL

    Washington, D.C., May 22, 2025

    For Immediate Release                                          Contact: Tionee Scotland 

    May 22, 2025                                                           202-808-6129 

    PRESS RELEASE 

    PLASKETT RELEASES STATEMENT ON HOUSE PASSAGE OF RECONCILIATION BILL 

    Washington, DC – Early this morning, the House of Representatives passed the Republican reconciliation package (H.R. 1) with a vote of 215-214-1. Every Democrat in the House voted no.  

    The 2 Republicans who voted against the bill, Congressman Thomas Massie (KY-4) and Congressman Warren Davidson (OH-8), opposed the legislation as they wanted to see further federal funding cuts. They held out hoping for full dismantlement.  

    This bill includes the largest cuts to healthcare in American history. This loss of funding – nearly one trillion dollars – will eliminate healthcare coverage for at least 13.7 million Americans and make it harder for people to access vital medical services. In Medicaid alone, funding is cut by more than $730 billion, which will leave 7.6 million people uninsured. The Virgin Islands presently has 21,000 Medicaid enrollees presently, many of whom will be impacted through loss of service or disenrollment.  

    Medicare funding was cut by more than $500 billion and vital programs, including the Social Services Block Grant – which provides more than $4.2 million to the Virgin Islands – are eliminated until 2034. With 20,000 Medicare enrollees in the U.S. Virgin Islands, services are sure to be impacted.  Federal funding for the Virgin Islands’ Meals on Wheels Program and the Low-Income Home Energy Assistance Program (LIHEAP) has also been eliminated until 2034. 

    Republicans’ reconciliation bill will make everyday life more expensive for Americans and removes programs which gave opportunities and support for a better life. It is estimated that more than 4 million students will see a reduction, or elimination, of their Pell Grants. The requirements for ‘full-time’ students are increased from 12 to 15 credits, which will decrease the maximum award for any student taking 12 credits by $1,479. In addition, students that are enrolled less than half-time will no longer receive Pell aid.  

    This bill harms efforts to lower energy costs, increase clean energy manufacturing and jobs, and eliminate economic assistance for communities on the frontline of the climate crisis. Unobligated funds will be rescinded from Inflation Reduction Act programs including Environmental Justice Block Grants, State-Based Home Energy Efficiency Contractor Training Grants, and the Greenhouse Gas Reduction Fund.  One of these programs already in place in the Virgin Islands is the Solar for All Program, which provided $62.5 million for homes and businesses. 

    Republicans voted to cut $35 billion in funding for the Supplemental Nutrition Assistance Program (SNAP), which includes children, working families, seniors, veterans and people with disabilities. This includes a $1 million cut to the Summer Electronic Benefits Transfer (EBT program), which gives food assistance to children when they cannot rely on school lunches. This will impact the more than 15,000 Virgin Islands residents who rely upon SNAP for access to nutritious food for their wellbeing. The $35 billion cut includes a $1 billion decrease in funding for the Nutrition Assistance Program in Puerto Rico despite tremendous efforts and advocacy from their lobbyists, led by Republican Governor, Jenniffer Gonzalez-Colon and Congressman Pablo Hernandez. 

    The reconciliation bill does not provide the increased rum cover over rate. Rum cover over is the rebate of federal excise taxes on distilled spirits produced in or imported into the rest of the United States from the Virgin Islands and Puerto Rico. Despite Congresswoman Plaskett’s success in securing a Republican lead for the rum cover over legislation (H.R. 1378), Congressman Ron Estes (KS-4), and the support of 24 of her colleagues – 16 Republicans and 8 Democrats – the extension for Puerto Rico and the Virgin Islands was not included in the bill.  

    It is unfortunate that at the last minute while trying to find additional funds, the Republicans attempted to remove duty drawback – an export-promotion program that American alcohol and tobacco companies rely upon for a refund of duties paid at the time of import when similar goods are exported.  That program saves the alcohol industry alone approximately $30 billion.  Because of that concern, the full push of the rum industry was not present for rum cover over as the industry prioritized its efforts on safeguarding duty drawback which represented direct dollars to their industry. It’s also important to recognize that many discretionary provisions that made it into the bill were included to secure the necessary votes to advance the legislation – which ultimately was not the case with the provision for an increased rum cover over rate.  

    During the 18-hour markup in the Ways and Means Committee for the tax provisions of the reconciliation bill, Congresswoman Plaskett offered an amendment to increase the rate of the rum cover offer, to publicly demonstrate the bipartisan support for this provision. Both Democrats and Republicans emphasize the importance of the increased rum cover over rate.  The Ways and Means Chairman, Jason Smith, publicly stated that he would work to advance this, and the Committee is expected to craft a bipartisan tax bill this summer. “I will continue to work with my colleagues, Democrats and Republicans, to secure the increased rum cover over rate of $13.25, both retroactively and with an extension, for the Virgin Islands and Puerto Rico.” 

    While Congresswoman Plaskett cannot support the bill in its entirety, Plaskett’s legislation, the Restore Economic Vitality and Investment in the Virgin Islands (REVIVE VI) Act is included in the Republicans’ bill – one of only four Democrat Ways and Means provisions. REVIVE VI fixes an unintentional consequence of the Global Intangible Low Tax Income (GILTI) regime which, as a practical matter, inadvertently overrode the U.S. Virgin Islands’ economic development program that was previously authorized by Congress. This provision restores the Virgin Islands’ right to have an economic development program which will benefit our economy and workforce.  

    The U.S. Senate is anticipated to draft an entirely different bill that proposes fewer cuts to critical programs. Then, the Senate bill and House bill will likely be negotiated on a version that can be passed in both chambers of Congress and then be signed by the President.  

    Congresswoman Plaskett shared, “This bill is a wholesale betrayal of the working class and the future of America. The nonpartisan Congressional Budget Office found that the bottom 10%–working- and middle-class Americans will be 4% poorer in household wealth under this bill, with most of the benefits going to the top 10% of Americans. Not only does the bill make the largest healthcare cut in our nation’s history, it also makes the largest cuts to food assistance, energy projects and Pell grants. All to give additional money to the wealthiest Americans – an average of $278,000 per year, $762 per day, to the top 0.1% of Americans. This bill is cruel, shameful, unfair and unamerican.”  

    MIL OSI USA News

  • MIL-OSI Security: Owner of O.C. Staffing Companies Sentenced to 8 Years in Prison for Tax Crimes, Admits to Cheating IRS Out of Nearly $60 Million

    Source: Office of United States Attorneys

    RIVERSIDE, California – The owner of Orange County-based temporary staffing companies was sentenced today to 96 months in federal prison for willfully evading the payment of nearly $30 million in taxes, penalties and interest, assessed against him to the IRS as well as causing a false tax return to be filed with the IRS as part of defendant’s efforts to conceal nearly $30 million in additional tax liabilities incurred by his staffing companies.

    Luis E. Perez, 56, who has maintained residences in Anaheim Hills, Yorba Linda, and Dove Canyon, was sentenced by United States District Judge Kenly Kiya Kato, who also ordered him to pay $38,052,767 in restitution. At today’s hearing, Judge Kato emphasized the “astonishing” period of time defendant engaged in his criminal conduct and the “staggering” amount of money he caused in loss to the government.

    Perez pleaded guilty in September 2024 to one count of tax evasion and one count of aiding and assisting in the preparation of a false tax return.

    According to his plea agreement, Perez’s companies – which include Checkmates Staffing Inc.; Staffaide Inc.; BaronHR, LLC; BaronHR West Inc.; and Fortress Holding Group LLC – were required to withhold taxes from employee wages and to pay the withheld amounts to the IRS on a periodic basis. These withheld taxes, sometimes known as “trust fund taxes,” include income taxes and Federal Insurance Contributions Act (FICA) taxes that fund Social Security and Medicare.

    From May 2009 to January 2017, Perez’s companies failed to pay the IRS the payroll taxes for the tax years 2001, 2002, 2003, 2006, 2007, 2008 and 2010, including trust fund taxes that Perez’s companies withheld from employees’ paychecks. Beginning in June 2007, the IRS attempted to collect Perez’s outstanding tax liability, including penalties and interest. By February 2017, the outstanding balance had grown to $29,593,378, which included the unpaid taxes, interest and the “Trust Fund Recovery Penalty.”

    Perez attempted to thwart the IRS’s collection efforts by purchasing luxury items from his business bank accounts – including numerous cars and a boat – and concealing his ownership by placing the titles of these items in the names of his businesses and other individuals. Those luxury items included a Ferrari 360 Spider F, a Rolls Royce Phantom, a Duffy D 22 Bay Island boat, a Mercedes-Benz SLS, a Mercedes-Benz G-Class, and a Lamborghini Aventador. Perez also evaded the IRS’s collection efforts by obtaining a Visa Black credit card in the name of another person (now his wife) to make personal purchases and paid off the credit card using funds from his business bank accounts.

    As part of his efforts to impede the IRS, Perez lied to IRS revenue officers during interviews and failed to include material information in documents submitted to the IRS. For example, Perez falsely claimed that he received a salary of only $1,000 per week from BaronHR and he did not receive any other funds from the company, when in fact, Perez distributed money to himself from his businesses by making payments to his now wife for his own benefit.

    While on pretrial release for the abovementioned criminal conduct, Perez engaged in additional criminal tax violations. From October 2018 to August 2019, Perez willfully aided and assisted in the preparation of false tax returns that substantially understated the wages paid to the employees of Anaheim-based temporary staffing company BaronHR West from January 2018 through June 2019.  Specifically, Perez admitted in his plea agreement that he caused BaronHR West to underreport employee wages and other compensation paid by the company by approximately $130,879,521, which resulted in the company’s failure to pay approximately $29,633,516 in federal employment taxes.

    Perez has been in federal custody since August 2024, when a federal magistrate judge revoked his bond after a two-day evidentiary hearing finding probable cause to believe that Perez had violated the terms of his pretrial release by committing still more criminal tax violations between 2021 and 2023. In a motion to revoke Perez’s bond filed with the court in August 2024, the government alleged that Perez had willfully caused his staffing companies to fail to pay over $25 million in federal payroll taxes (including over $13 million in federal trust fund taxes withheld from employee wages) since March 2021. 

    “[Perez] is a prolific employment tax cheat who engaged in a decades long pattern of willful non-payment, false statements, and outright evasion,” prosecutors argued in a sentencing memorandum. “[Perez] has been unrepentant and unwavering in his violations of the internal revenue laws; he continued his pattern of tax fraud despite extensive efforts to halt his behavior.”

    IRS Criminal Investigation investigated this matter.

    Assistant United States Attorneys Brett A. Sagel of the Orange County Office, James C. Hughes of the Major Frauds Section, and Robert A. Kemins of the Department of Justice Tax Division prosecuted this case.

    MIL Security OSI

  • MIL-OSI USA: ICYMI: On MSNBC, Rosen Discusses Her Successful Passage of Her Bipartisan Bill to Eliminate Taxes on Tips

    US Senate News:

    Source: United States Senator Jacky Rosen (D-NV)
    WASHINGTON, DC – Last night, U.S. Senator Jacky Rosen (D-NV) joined The Weeknight on MSNBC to discuss how she was able to pass her bipartisan No Tax on Tips Act in the Senate. The bill, which Senator Rosen passed by unanimous consent, would exempt American workers’ tipped wages from federal income tax. It now heads to the U.S. House of Representatives to be considered. Nevada has the highest concentration of tipped workers in the nation, and the bipartisan No Tax on Tips Act would allow workers to keep their tips without having to pay federal income tax on them. This bipartisan legislation also includes guardrails to ensure that it benefits workers who need it most, not CEOs and the ultra-wealthy.
    MSNBC: Rosen Discusses Senate Passage of Her Bipartisan No Tax On Tips Act
    HOST: I did want to give you the shout-out on the tax on tips bill that you called up yesterday. And it passed.
    ROSEN:  Yes. Yes, it did.
    HOST:  Tell us, what magic did you bring to that?
    ROSEN:  Well, I want to tell you, my motto is, agree where you can, fight where you must.
    And so this is a great bill for Nevada, because 25 percent of our workforce is in hospitality. 
    You may not know this, but I put myself through school as a waitress. I worked as a member of the Culinary Union. And even after I got my first job as a computer programmer, I continued to wait tables because I didn’t make enough money. So I know what it means to live on tips.
    [The] Average Nevadan makes about 40 grand a year. Our bill, the bill in the Senate, is a stronger bill with guardrails, so those who need to not pay taxes on their tips are really the tip workers, not some CEO or billionaire like Elon Musk and the entire Cabinet, so they can declare their salary as a tip.
    So, this bill is a stronger, better bill. It should stand on its own. I’m going to challenge the House to pass it, because in that reckless reconciliation bill that they have been working on since 1:00 a.m., the middle of the night, they have a different bill for tax on tips. It doesn’t have the guardrails. And so I urge them to pass this one and get it over the finish line.

    MIL OSI USA News

  • MIL-OSI USA: Cassidy Delivers Floor Speech Calling for Affordable Flood Insurance Ahead of Hurricane Season

    US Senate News:

    Source: United States Senator for Louisiana Bill Cassidy

    [embedded content]

    WASHINGTON – U.S. Senator Bill Cassidy, M.D. (R-LA) delivered a speech on the U.S. Senate floor highlighting the need for the National Flood Insurance Program (NFIP) to remain affordable and the danger that Risk Rating 2.0 poses to low- and middle-income families’ ability to be enrolled in the program.
    “With Risk Rating 2.0 driving up costs for low- and middle-income families, about a fifth of those enrolled in NFIP will be forced to drop their coverage altogether over the next ten years,” said Dr. Cassidy.
    “If we really want to put Americans first, we start by making NFIP affordable now and keeping it affordable 10, 15 years from now,” continued Dr. Cassidy. 
    Background
    In April, Cassidy delivered a speech on the Senate floor calling for the continuation of FEMA’s Building Resilient Infrastructure and Communities (BRIC) grant program, which helps fund pre-disaster mitigation and flood prevention projects in Louisiana and nationwide.
    In March, Cassidy delivered a floor speech calling for a long-term extension of the National Flood Insurance Program (NFIP) and introduced legislation to extend the program through December 31, 2026. Cassidy also met with the Jefferson Business Council where he discussed his efforts to keep flood insurance affordable and extend NFIP long-term.
    In February, Cassidy introduced the Flood Insurance Affordability Tax Credit Act to give low- and middle-income households enrolled in the National Flood Insurance Program (NFIP) a 33% refundable tax credit to combat rising flood insurance premiums. Cassidy released a report last fall outlining the current state of the NFIP and the issues that have led to skyrocketing premiums for millions of homeowners.
    Last year, the U.S. Senate Banking Committee held a hearing on NFIP at the request of Cassidy. The hearing highlighted the urgent need for Congress to act and featured a Louisiana witness. Cassidy also participated in a roundtable hosted by GNO, Inc. and the Coalition for Sustainable Flood Insurance to hear from community leaders and advocates on the issue.
    Cassidy traveled St. Bernard Parish in 2023 to talk with residents about their flood insurance premiums, recording the second episode of his Bill on the Hill series.
    Cassidy’s remarks as prepared for delivery are below:
    Mr. President,
    Folks in Louisiana are preparing for hurricane season.
    I just had a meeting with the Calcasieu Parish Police Jury who sent me some photos of a few Lake Charles homes.
    To reduce flood risk and their monthly flood insurance premiums, people are paying to have their houses raised.
    That costs anywhere between 25,000 and 40,000 dollars.
    If your foundation needs repairs, you’re looking at up to 25,000 dollars in additional costs.
    A full replacement of the foundation can cost 100,000 dollars.
    It seems like a worthwhile investment.
    Lifting your home lowers your risk of flooding and insurance premiums go down, saving you money in the long run.
    But unfortunately, that is not the experience people in Louisiana are having under Risk Rating 2.0—FEMA’s current risk assessment program.
    Here are just two instances in Calcasieu Parish in which homeowners invested in flood mitigation to lower their flood insurance premiums.
    These people did everything right!
    They did what they were supposed to!
    These people are not going to flood. And yet, after Risk Rating 2.0, this is what happened to their premiums!
    You’d feel like you got ripped off if that happened to you.
    One pre-mitigation premium nearly doubled.
    This is bad news for all Americans, particularly lower-income families.
    When the number of families getting a bill like this goes up, the number of people able to afford flood insurance at all goes down.
    With Risk Rating 2.0 driving up costs for low- and middle-income families, about a fifth of those enrolled in NFIP will be forced to drop their coverage altogether over the next ten years.
    The pool of policyholders shrinking at this rate will force the program into what’s called an actuarial death spiral.
    Risk Rating 2.0 is like termites eating away at the foundation of a house.
    If we do nothing, it’s going to collapse.
    I introduced legislation back in February to give low- and middle-income households enrolled in NFIP a 33% reduction in their NFIP premium in the form of a refundable tax credit that would go directly to their premium payment at the time it’s due. 
    Hurricane season will not wait on those who need flood insurance to get it. Americans in my state and across the country need relief now.
    If we really want to put Americans first, we start by making NFIP affordable now and keeping it affordable 10, 15 years from now.
    The issue is a pocketbook issue for many families, but when you flood like so many in Louisiana have, it becomes a personal issue—an issue of loss.
    Since the start of 2025, at least 21 Americans across 8 states have been killed as a result of flooding and storms hitting their communities.
    Millions have been without power or evacuated from their homes.
    When you hear “flood insurance” you might think, “Well I don’t live in a coastal state like Louisiana, for example. My house won’t get destroyed by a flood. I don’t need flood insurance!”
    I wish that were true.
    States hit the hardest aren’t the only states hit.
    This is not a one-state problem.
    This is a one-nation problem.
    All fifty states have NFIP policyholders.
    And there are many who don’t have flood insurance who, unfortunately, wish they did.
    When more rain comes—and it will—all Americans need stability.
    The National Flood Insurance Program can provide that certainty.
    Maybe you won’t see flooding as extreme as losing your house—I hope you don’t.
    But I’m not just talking about the worst-case scenario.
    Let’s say you get a couple of inches of water in your living room.
    You’ve got to pull up your carpets and replace the drywall. You’re going to wish you had flood insurance.
    And you probably would if it were affordable.
    The National Flood Insurance Program, often the only flood insurance option for many communities, is broken.
    Right now, the very program designed to help Americans is failing them.
    And when millions of Americans are impacted, Washington must act.
    Let me be very clear: NFIP is a federal program—meaning we can change and improve it. We just need to have the will.
    I urge my colleagues to join me in working with President Trump’s Administration to end Risk Rating 2.0.
    In 2019, my office worked with the Trump administration to successfully delay Risk Rating 2.0 because of the lack of transparency on how FEMA was calculating rates.
    President Trump understood then and understands now that Americans are tired of being ripped off.
    When rivers swell, Americans should not have to fear the cost of rebuilding without insurance.
    Let’s make NFIP affordable for the homeowner, accountable to the taxpayer, and sustainable for future generations.
    Severe weather is relentless. We must be too.
    With that, I yield.

    MIL OSI USA News

  • MIL-OSI New Zealand: Parliament Hansard Report – Taxation (Budget Measures) Bill (No 2) — In Committee—Part 1 – 001481

    Source: Govt’s austerity Budget to cause real harm in communities

    Hon SIMON WATTS (Minister of Revenue): Thank you very much, Madam Chair. Look, a very good morning, everyone. Welcome back to the growth Budget, and what a great Budget it is. I don’t mind doing a basic lesson in what depreciation is for the member because, in effect, what we are doing is increasing the rate at which people can claim a tax deduction, increasing it in the first year and the balance will be claimed for the rest of the asset life. This is a timing difference; we are bringing forward that ability to claim that tax deduction. We’re not creating some new world or new paradigm of other aspect. We are simply moving that benefit forward so that New Zealand businesses can achieve a tax deduction—from yesterday—and get the benefit of that in terms of less tax this year.

    That is a significant investment and opportunity for them as a business. But it in no way has any impact on what would be a normal rate of depreciation on any economic asset over the life of that asset. So the whole premise of the question is uninformed and without basis. Our policy is very much focused on delivering that economic growth. And heck, I mean, I guess some people in the House are concerned about too much economic growth. But on this side of the House, we think a little bit differently. We sort of think economic growth is a good thing. It sort of helps us with a range of factors including higher paid jobs, better standard of living, and more tax revenue flows.

    CHAIRPERSON (Barbara Kuriger): That’s true, but that’s not what the member asked the Minister, thank you.

    Hon SIMON WATTS: Well, the member asked about the risks in regards to the policy and I have clarified that it is a depreciation policy which is well articulated in accounting standards.

    MIL OSI New Zealand News

  • MIL-OSI New Zealand: Parliament Hansard Report – Thursday, 22 May 2025 (continued on Friday, 23 May 2025) – Volume 784 – 001482

    Source: Govt’s austerity Budget to cause real harm in communities

    Hon SIMON WATTS (Minister of Revenue): Thank you very much, Madam Chair. Look, a very good morning, everyone. Welcome back to the growth Budget, and what a great Budget it is. I don’t mind doing a basic lesson in what depreciation is for the member because, in effect, what we are doing is increasing the rate at which people can claim a tax deduction, increasing it in the first year and the balance will be claimed for the rest of the asset life. This is a timing difference; we are bringing forward that ability to claim that tax deduction. We’re not creating some new world or new paradigm of other aspect. We are simply moving that benefit forward so that New Zealand businesses can achieve a tax deduction—from yesterday—and get the benefit of that in terms of less tax this year.

    That is a significant investment and opportunity for them as a business. But it in no way has any impact on what would be a normal rate of depreciation on any economic asset over the life of that asset. So the whole premise of the question is uninformed and without basis. Our policy is very much focused on delivering that economic growth. And heck, I mean, I guess some people in the House are concerned about too much economic growth. But on this side of the House, we think a little bit differently. We sort of think economic growth is a good thing. It sort of helps us with a range of factors including higher paid jobs, better standard of living, and more tax revenue flows.

    CHAIRPERSON (Barbara Kuriger): That’s true, but that’s not what the member asked the Minister, thank you.

    Hon SIMON WATTS: Well, the member asked about the risks in regards to the policy and I have clarified that it is a depreciation policy which is well articulated in accounting standards.

    MIL OSI New Zealand News

  • MIL-OSI USA: Pelosi on the Republican Tax Scam: “One of the Largest Transfers of Wealth in our History.”

    Source: United States House of Representatives – Congresswoman Nancy Pelosi Representing the 12th District of California

    Washington, D.C. – Today, Speaker Emerita Nancy Pelosi voted NO on the Republican Tax Scam bill: Donald Trump’s extreme legislation that will kick nearly 14 million people off their health care, take food out of the mouths of hungry kids and raise costs for health care and groceries across the board.

    For more than 29 hours, Speaker Emerita Pelosi and fellow House Democrats led sustained opposition to the Republican Tax Scam bill. Democrats offered hundreds of amendments to stop Republican cuts to health care and food assistance and to remove new tax breaks that Republicans are giving to their billionaire donors like Elon Musk.

    Watch Speaker Emerita Pelosi’s Floor remarks in opposition to the bill here.

    Watch Speaker Emerita Pelosi’s interview with Jen Psaki on MSNBC here.

    Watch Speaker Emerita Pelosi’s interview with Raj Mathai on NBC Bay Area here.

    Read the transcript of Speaker Emerita Pelosi’s Floor remarks below:

    Ranking Member Jim McGovern.  I’d like to yield two minutes to the gentlewoman from California, the Speaker Emerita, Ms. Pelosi.

    Speaker Emerita Pelosi. I thank the gentleman for yielding and for his exceptional leadership, and to all the members of the Rules Committee for your stamina and for your values.

    Mr. Speaker, the Reverend Martin Luther King Jr. said, ‘Of all the forms of inequality, injustice in health is the most shocking and the most inhuman because it often results in physical death.’ He went on to talk about access to health care as a right.

    But the inequality and inhumanity of this bill is exactly what Republicans have in store for the American people.

    I sat for five hours at the Rules Committee—some of you were there even longer. It was stiff competition to determine which provision was the worst. But let’s just talk for a moment about work requirements.

    They said, with great pride: ‘If you have a seven-year-old child, you have to go to work.’ A seven-year-old child is a little child.

    I recalled a conversation I had with some moms. One of them said: ‘If there’s a work requirement tied to Medicaid, this is what it means for me: If my child is sick, I can’t go to work because I can’t afford childcare. If I miss work, I miss pay—and I can’t afford to miss that pay. If I don’t go to work, I can be fired. So I’m forced to put my sick child on the school bus—because I need to go to work to keep my Medicaid.’

    And as we mentioned, about the silencers, it’s just beyond comprehension in terms of safety for our children.

    Because of the Republicans’ tax bill scam, millions of American families—seniors, veterans, vulnerable children, people with disabilities—will lose their health care. Rural hospitals will be closed. And millions of jobs will be destroyed across America.

    And all of this to give another massive tax cut to the richest people in America.

    It is a Republican Robin Hood in reverse: one of the largest transfers of wealth from working families to the rich that our country has ever seen.

    I urge a ‘no’ vote on the rule and the bill.

    MIL OSI USA News

  • MIL-OSI New Zealand: Parliament Hansard Report – Taxation (Budget Measures) Bill (No 2) — In Committee—Part 2 – 001483

    Source: Govt’s austerity Budget to cause real harm in communities

    Part 2 Amendments to other enactments

    CHAIRPERSON (Maureen Pugh): Members, we now come to Part 2. This is the debate on clauses 17 to 30, to the “Amendments to other enactments”. Part 2 contains changes to the KiwiSaver regime as well as changes to the Tax Administration Act 1994. The question is that Part 2 stand part.

    Rt Hon ADRIAN RURAWHE (Labour): Point of order. Thank you, Madam Chair. I refer to two matters. Before the closure motion and the vote on Part 1, the Chair seemed to indicate that despite the end of Part 1, that those elements of the KiwiSaver from Part 1 could be debated in Part 2. I just want to confirm that that’s the case, mainly because it is a bit odd given that we’ve voted on amendments to KiwiSaver clauses—but that’s what she indicated. There were very few calls on the KiwiSaver and I note that colleagues from the Green Party and Te Pāti Māori were seeking calls but were not given the opportunities to speak on that part of Part 1—

    CHAIRPERSON (Maureen Pugh): I understand.

    Rt Hon ADRIAN RURAWHE: So my question, just for clarity of the committee, is: have I heard that correctly?

    CHAIRPERSON (Maureen Pugh): You have heard that correctly, sir. And I was watching the debate and I heard the previous Chair make reference to being able to go back, where relevant, into clause 1 as it relates to KiwiSaver.

    Hon Dr DEBORAH RUSSELL (Labour): Speaking to the point of order. I just want to really, really clarify this because, with respect, the operative changes to the KiwiSaver regime actually occurred in Part 1. The Chair seemed to think that we could, in actual fact, discuss those operative changes in Part 2, but that’s going to be very hard because we can’t relate them to a clause in Part 2—they actually sit in Part 1. The amendments in Part 2 are very, very technical and just to do with a very small part of the changes. So may I suggest that provided we bring up new points, that we have a rather more thematic debate in Part 2 around KiwiSaver? We could confine it to KiwiSaver and always make sure we are bringing up a new idea rather than repeating ideas, rather than trying to relate specifically to clauses.

    Tim van de Molen: Speaking to the point of order.

    CHAIRPERSON (Maureen Pugh): I’ll just take some advice from the Clerk. Speaking to the point of order, Tim van de Molen.

    TIM VAN DE MOLEN (National—Waikato): Thank you, Madam Chair. There is, obviously, under Part 2, clause 17, which relates to KiwiSaver. My understanding of the comments from the Chair during the previous part were that KiwiSaver can, of course, be debated in Part 2 because there is a clause for that. But it would not be appropriate to give the committee the ability to rehash everything in clause 1 aspects of KiwiSaver because, of course, that’s been dealt with and voted on and completed under that part. So it should indeed be constrained to this part.

    CHAIRPERSON (Maureen Pugh): We’re all in agreement. I think everyone understands as it—and I did listen to the previous Chair and she has provided me with confirmation of her ruling. So I think you’re correct, Dr Russell, that we can refer back to clause 1 as it relates to the KiwiSaver. But I think we’ll just see how the substantive questions come through. To your point about the repetition, we will be very alert to that. Thank you.

    MIL OSI New Zealand News

  • MIL-OSI USA: WHAT THEY ARE SAYING: One, Big, Beautiful Bill Clears House

    US Senate News:

    Source: The White House
    President Donald J. Trump’s One, Big, Beautiful Bill — a once-in-a-generation opportunity to cement an America First agenda of prosperity, opportunity, and security into law — is one step closer to the finish line following its passage by the House of Representatives.
    Here’s what they’re saying about the One, Big, Beautiful Bill:
    American Farm Bureau Federation President Zippy Duvall: “Farm Bureau applauds the House passage of H.R.1, which modernizes farm bill programs and extends and improves critical tax provisions that benefit America’s small farmers and ranchers. Updated reference prices will provide more certainty for farmers struggling through tough economic times. Making business tax deductions permanent and continuing current estate tax exemptions will ensure thousands of families will be able to pass their farms to the next generation. We urge the Senate to work together and swiftly pass legislation to deliver much-needed relief to America’s farm and ranch families.”
    U.S. Chamber of Commerce Executive Vice President Neil Bradley: “The House sent a clear message today—American workers and businesses want and need permanent tax relief. A competitive, pro-growth tax code doesn’t just grow the overall U.S. economy, it raises wages for workers and improves the lives of Americans. The legislation passed out of the House this morning contains critical measures that support main street businesses, enhance America’s global competitiveness, and bolster sustained economic growth. The Chamber commends Speaker Johnson for his leadership and commitment to ensuring the permanence of President Trump’s pro-growth tax reforms, and applauds the lawmakers involved in driving this effort forward. We encourage the Senate to continue to move the legislative process forward to deliver lasting benefits for American workers and businesses.”
    Airlines for America: “A4A commends the House for passing the One Big Beautiful Bill Act which includes a critical investment of $12.5 billion for modernizing the Federal Aviation Administration’s air traffic facilities, systems and infrastructure. ATC staffing shortages and antiquated equipment, such as copper wires, floppy disks and paper strips, have been a serious concern for years—we are past time to make meaningful change and ensure that the United States has a world-class aviation system. This funding is a vital down payment on updating the system that guides 27,000 flights, 2.7 million passengers and 61,000 tons of cargo every day. The legislation also makes smart, strategic investments in Customs and Border Protection personnel and training for the aviation workforce of tomorrow while supporting American energy dominance in aviation fuel production. We encourage the Senate to move swiftly to pass this bill and send it to the President.”
    National Cattlemen’s Beef Association President Buck Wehrbein: “Cattle farmers and ranchers need Congress to invest in cattle health, strengthen our resources against foreign animal disease, support producers recovering from disasters or depredation, and pass tax relief that protects family farms and ranches for future generations. Thankfully, this reconciliation bill includes all these key priorities. NCBA was proud to help pass this bill in the House and we will continue pushing for these key policies until the bill is signed into law.”
    Uber CEO Dara Khosrowshahi: “Big news from DC—the House just passed President Trump’s tax bill, bringing No Tax On Tips one step closer to the finish line. While it still needs to clear the Senate, this is a big win for hardworking @Uber drivers and couriers across the country 👏”
    Job Creators Network CEO Alfredo Ortiz: “Congratulations to President Trump and Speaker Johnson for passing their reconciliation bill in the House. This bill offers historic tax cuts for small businesses and ordinary Americans. By making the Tax Cuts and Jobs Act permanent and expanding key provisions, such as the small business tax deduction, which Job Creators Network was the loudest voice for, this bill offers significant tax relief for decades to come. It will allow small businesses, the backbone of the American economy, to expand, hire, raise wages, and reinvest in their communities, ushering in a new economic Golden Age. On behalf of all small businesses, JCN thanks President Trump and Speaker Johnson for their leadership in passing this bill, which the media said couldn’t be done on this aggressive timeline. Now it’s time for the Senate to follow suit and pass similar legislation, which includes the House’s key small business tax cuts, as soon as possible.”

    Click here to see how the One, Big, Beautiful Bill helps small businessesNational Association of Manufacturers President and CEO Jay Timmons: “Today’s House passage of this historic legislation marks a major victory for manufacturers across America. This pro-growth legislation preserves crucial tax policies that will enable manufacturers to create jobs, invest in their communities, grow here at home and compete globally. In short, this is a manufacturers’ bill … This is a pivotal moment. It’s time to double down on policies that encourage manufacturers to invest and create jobs in America and keep our industry strong and our nation competitive on the world stage—because when manufacturing wins, America wins.”
    Business Roundtable President and COO Kristen Silverberg: “Under Speaker Johnson’s leadership, the House has achieved a major milestone toward extending and strengthening President Trump’s historic tax reform. Business Roundtable commends the House on taking a giant step forward to protect and boost the economic benefits that tax reform delivered for American businesses, workers and families. By maintaining a competitive corporate tax rate and enhancing essential domestic and international tax provisions, the House budget reconciliation bill will help fuel U.S. investment, innovation and economic growth. As the Senate prepares to act, we stand ready to continue working with Congress and the Administration to pass the most competitive, pro-growth tax package possible.”
    American Petroleum Institute President and CEO Mike Sommers: “We applaud the House of Representatives for passing the One Big Beautiful Bill Act to help restore American energy dominance. By preserving competitive tax policies, beginning to reverse the ‘methane fee,’ opening lease sales and advancing important progress on permitting, this historic legislation is a win for our nation’s energy future. We look forward to working with the Senate to strengthen pro-investment provisions and keep America at the forefront of energy innovation.”
    National Association of Wholesaler-Distributors CEO Eric Hoplin: “We applaud the House of Representatives for passing the One Big Beautiful Bill Act and extend our sincere thanks to Speaker Mike Johnson, Chairman Jason Smith, the Ways and Means Committee, and House leadership for championing this pro-business, pro-worker legislation. This is a win for the people who roll up their sleeves every day to power our economy, entrepreneurs who build businesses from the ground up, and the workers who keep them running. We urge the Senate to act swiftly and send this bill to the President’s desk so America’s job creators and workers can keep driving our economy forward. The bill makes the 199A deduction permanent and expands it to 23%, helping millions of small businesses, including most wholesaler-distributors. It raises the death tax exemption, protecting family-owned businesses, and restores vital incentives that encourage investment, innovation, and long-term economic growth.”
    Small Business & Entrepreneurship Council President and CEO Karen Kerrigan: “H.R. 1 delivers a big, beautiful boost to U.S. entrepreneurship and small businesses. SBE Council applauds U.S. House passage of this critically important legislation. In addition to permanent tax relief and incentives that will help entrepreneurs and small business owners grow their firms, level up their businesses, and support their employees, various measures in the legislation correctly right-fit various federal programs and functions that have gone awry and consequently have undermined fiscal accountability and the private sector. Time is of the essence in getting the One Big Beautiful Bill to President Trump’s desk, and we urge the U.S. Senate to move post haste on the work that must be done to deliver the big benefits of the package to small business owners, all taxpayers, and the U.S. economy.”
    National Business Aviation Association President and CEO Ed Bolen: “We commend the House for recognizing the importance of improving ATC infrastructure and strengthening the controller workforce to enhance safety and efficiency in the National Airspace System. Business aviation’s ability to serve citizens, companies and communities is only possible because the U.S. leads the world in aviation … As the House reconciliation bill moves to the Senate for consideration, we look forward to working with lawmakers on both sides of the aisle to advance these forward-looking provisions that bolster an essential industry, support countless workers and promote American competitiveness.”
    America’s Credit Unions President and CEO Jim Nussle: “Thank you to the U.S. House of Representatives for securing credit unions’ not-for-profit tax status as part of H.R. 1 and recognizing the industry’s importance to strong Main Streets across the country. More than 142 million Americans trust and rely on credit unions to achieve their American Dream, and this bill allows them to continue on their path of financial freedom. We will continue to advocate for policies that create more opportunities for credit unions to bolster our nation’s economic prosperity. We call on the U.S. Senate to continue to protect the credit union tax status as they consider this legislation.”
    National Taxpayers Union Executive Vice President Brandon Arnold: “The bill passed by the House contains growth-focused tax relief and some important first steps toward long-needed spending restraint. The Senate now has a strong package that it can build upon and further improve.”
    National Association of REALTORS Executive Vice President Shannon McGahn: “We appreciate House leaders for taking this important step with this tax reform bill, which supports hardworking families and strengthens the real estate economy. With lower tax rates, SALT relief, and new incentives for small businesses and community development, this proposal brings real benefits to everyday Americans.”
    National Electrical Contractors Association CEO David Long: “These provisions recognize the real-world needs of the electrical construction industry. Whether it’s power generation, grid modernization, cutting-edge data center projects, or clean energy installations, electrical contractors are at the forefront of America’s infrastructure evolution. This legislation gives our contractors the certainty they need to plan, invest, and grow.”
    American Hotel & Lodging Association President and CEO Rosanna Maietta: “This is a win for Main Street businesses. We commend lawmakers for including critical tax provisions in the budget reconciliation bill that will prevent a tax increase on American workers and the small businesses that are the backbone of America’s hotel and lodging industry. This is a critical step to stave off the expiration of important tax provisions that will provide our members, the majority of whom are small business owners, the level of certainty they need to effectively operate their businesses. We urge the U.S. Senate to swiftly pass this legislation and send it to President Trump’s desk.”
    National Pork Producers Council President Duane Stateler: “America’s pork producers are one step closer to more certainty with the House’s reconciliation bill passage, which includes necessary legislation to keep farms afloat during uncertain times.”
    Associated Equipment Distributors President and CEO Brian P. McGuire: “AED commends House Speaker Mike Johnson and his leadership team for securing House passage of the budget reconciliation bill. This legislation delivers pro-growth tax policies, streamlines energy project approvals and strengthens surface transportation infrastructure investments. We look forward to working with the Senate to ensure final passage of this comprehensive package.”
    American Federation for Children CEO Tommy Schultz: “We are grateful for the efforts of Speaker Johnson and Congressional leaders in both chambers who have stood up so far to ensure that President Trump’s goal of school choice for every family in every state becomes a reality. American parents deserve nothing less, and we will continue working to get school choice across the finish line as the Senate can deliver on a historic national school choice tax credit. Bringing school choice to every state will be a legacy item for the lawmakers who stand boldly behind parents. We will continue to stand with them to achieve this goal.”
    National Federation of Independent Business SVP for Advocacy Adam Temple: “The One Big Beautiful Bill Act includes the most important thing Congress can do to help small businesses and their workers – increasing and making the Small Business Deduction permanent. The bill also provides a tax cut for small business owners through lower individual rates, encourages new capital investments, and helps small business owners provide greater health care benefits to their employees. Members of Congress have a historic opportunity to provide over 33 million small business owners with permanent tax relief and NFIB strongly encourages them to do so.”
    Growth Energy CEO Emily Skor: “We’re grateful to our champions on Capitol Hill who have worked hard to preserve and extend rural priorities, like the 45Z clean fuel production tax credit. This budget reconciliation package would give farmers and ethanol producers the freedom and flexibility to deliver for the American people. It ultimately delivers on the President’s agenda—it’s good for rural communities, good for innovation, good for investment, and good for American energy dominance.”
    Americans for Prosperity Chief Government Affairs Officer Brent Gardner: “On behalf of our network of grassroots activists and small business owners nationwide, AFP congratulates Speaker Johnson, Majority Leader Scalise, Whip Emmer, and all the committee chairs for shepherding this legislation through the U.S. House of Representatives. Thanks to the efforts of policy champions across the House GOP conference, we are one step closer to giving Americans the pro-growth tax policy they voted for in November. Beyond cementing the foundation for a post-Biden economic recovery, we are poised to embrace an all-of-the-above approach to U.S. energy production, and finally secure our southern border.”
    National Foreign Trade Council Vice President for International Tax Policy Anne Gordon: “We would like to once again thank Chairman Smith and the Ways & Means Committee and staff for their tireless work on this bill and Speaker Johnson and the leadership team for their efforts to bring critical U.S. tax legislation one step closer to becoming a reality. We congratulate the House on passing the One, Big, Beautiful Bill and urge the Senate to take up work on it as quickly as possible.”
    American Land Title Association CEO Diane Tomb: “We commend the House for passing legislation that recognizes the needs of American small businesses, including the thousands of title and settlement companies ALTA represents. The expanded deduction under Section 199A is a welcome step that supports the long-term health of our small business members and the communities they serve. ALTA is especially pleased to see the preservation of Section 1031 like-kind exchanges, which play a vital role in fueling real estate investment, promoting property improvements and driving local economic growth. Provisions supporting homeownership, including those related to mortgage interest and capital gains exclusions, help provide certainty for buyers, sellers and lenders alike—strengthening the entire housing ecosystem. We urge the Senate to build on this momentum and protect the real estate and housing incentives that help Americans build wealth, promote generational stability and drive our economy forward.”
    NRA Institute for Legislative Action Executive Director John Commerford: “This morning, the U.S. House of Representatives passed President Trump’s One, Big, Beautiful Bill, which includes the complete removal of suppressors from the National Firearms Act (NFA). This represents a monumental victory for Second Amendment rights, eliminating burdensome regulations on the purchase of critical hearing protection devices. The NRA thanks the House members who supported this bill and urges its swift passage in the U.S. Senate.”
    RATE Coalition Executive Director Dan Combs: “Today’s vote is an historic step toward securing a tax code that rewards investment, supports job growth, and puts American workers first. This legislation builds on the success of the Tax Cuts and Jobs Act, preserving the policies that have helped drive wages up, unemployment down, and investment back into the U.S. economy. The House has done its part to move this forward. Now it’s time to keep that momentum going and get this across the finish line.”
    Independent Women’s Center for Economic Opportunity Director Patrice Onwuka: “BOOM. Tax cuts, welfare reforms, green spending cuts, and border strengthening. Major credit is due to @SpeakerJohnson for getting @potus @realDonaldTrump #OneBigBeautifulBill through the House. He has proven to be a quiet force for conservatives. Now onto the Senate.”
    Border Czar Tom Homan: “Thank you to the House and the leadership of President Trump in passing the Big Beautiful Bill. This Bill will add infrastructure and technology to make our gains on the borders permanent. It puts more boots on the ground to target cartel activity, alien smuggling, child trafficking and drug smuggling.  It will provide the needed funds and manpower to increase the great work of ICE on our deportation operations nationwide. We have many more public safety and national security threats to remove. This funding will allow ICE to vastly increase these efforts and keep the promise to America that we will enforce immigration law against those that are in this country illegally.  Now the Senate needs to step up. Border Security and National Security should not be a partisan issue. Let’s get this done!”

    MIL OSI USA News

  • MIL-OSI USA: Senator Marshall Joins Charlie Kirk to Discuss President Trump’s ‘One Big, Beautiful Bill’ as it Heads to the Senate and the MAHA Commission Report

    US Senate News:

    Source: United States Senator for Kansas Roger Marshall
    Washington – U.S. Senator Roger Marshall, M.D. (R-Kansas) joined The Charlie Kirk Show today to discuss the status of President Donald Trump’s ‘One Big, Beautiful Bill’, why State and Local Tax (SALT) deductions need to be re-evaluated, and the contents of the newly released Make America Healthy Again (MAHA) Commission report. 
    Click HERE or above to watch Senator Marshall’s full interview with Charlie Kirk
    Highlights from the interview include:
    On what the Senate can do for the ‘One, Big Beautiful Bill’:
    Senator Marshall: “President Trump is the best closer in the country. Mike Johnson gave us the best bill that he could get passed over there. Think of the Senate as like a saucer and think of the House as a hot cup of coffee, and it’s spilling over. The job of the Senate is to take that bill and make it better.
    “I think for us over here, what I’m looking at is, where can we save some more taxpayers dollars? Where are the opportunities to cut some spending? What do we do with those SALT taxes? So, I think that’s the big thrust over here. How can we make this bill better? How can we deliver on President Trump’s promises, no tax on tips, overtime, Social Security, and make the Trump tax cuts permanent?”
    On SALT:  
    Senator Marshall: “In these big blue states, they have high taxes, and they’re able to deduct that from their federal taxes… What the House has done will still cost American taxpayers $300 billion over the next 10 years. They’re going to let people from these blue states write off up to $30,000 of their taxes, which will decrease revenue to the state.
    “It is that simple to the tune of $300 billion over 10 years. So, what else could we do with that $300 billion? We could deliver the president’s Golden Dome, that would be one simple thing, and more. We would take that money and make Medicaid and Medicare even better. There’s just better ways to spend that money. We can use it to secure the border, to help our military out, to give our troops more wages…”
    On the president’s ‘One, Big Beautiful Bill’:
    Senator Marshall: “What we did with Social Security since, by the law, we cannot touch Social Security, but what we did is we’re giving seniors a $4,000 tax credit, in addition… We increased the Child Tax Credit. Republicans doubled the tax credit in 2017 with this bill, and now we increased it another $500. So we increased the tax deduction for having children to $2,500 as well, so that would be another answer. A little second amendment, we’ve slipped in there. There’s some rules and regulations around what I would call a silencer, a muffler on guns, that type of thing. So, there are a whole lot of low-hanging fruit in here.”
    “The Golden Dome is in here, President Trump’s Golden Dome, the first down payment on some type of satellite system to help intercept nuclear warheads, that type of thing. Huge pay raises for our troops, for the border patrol officers, and funding to help get those illegal aliens out of this country. We have 400,000 violent criminal aliens in this country… Charlie, it may cost $100,000 per person to escort them out of this country. Thank you. Joe Biden.”
    “And we’ll take care of that for four years. We don’t have to go back to the Democrats every year and say, hey, we want money for the border. We want money for the military. We have significant money in here to take care of the military for the most part, for four years, and the president’s border security and the removal of illegal aliens.”
    On the MAHA Commission report:
    Senator Marshall: “Look, I think number one when I think about Make America Healthy Again is 60% of Americans have a chronic disease of some sort, most of it is nutritionally related or related to toxins. So, I expect this MAHA report to talk about the importance of soil health and the nutrient quality that we’re feeding to, especially our children… I’m especially concerned about the children getting them off on the right foot as well. The toxins that they’re being exposed to are probably in these ultra-processed foods.”
    “70% of the calories Americans consume are an ultra-processed food. I think that they’ll address that… Gold standard science. I really, as a doctor, can’t sit there and say, what type of oil is best to cook supper in tonight? Is it soybean oil? Is it tallow? What is it? So, we need gold-standard research, not influenced by commercial operations. Look, 50-60% of Americans are on a prescription drug right now, and I think we want to look into what that’s all about.”

    MIL OSI USA News

  • MIL-OSI USA: Tuberville, Banks Call for End of Taxpayer-Funded Student Loans for Terrorists

    US Senate News:

    Source: United States Senator for Alabama Tommy Tuberville
    WASHINGTON – U.S. Senator Tommy Tuberville (R-AL) joined U.S. Senator Jim Banks (R-IN) in introducing the No Loan Forgiveness for Terrorists Act. This bill prohibits students from receiving credit for Public Service Loan Forgiveness (PSLF) while working at organizations that engage in illegal activities. The legislation works to codify an Executive Order from President Trump that would end taxpayer-funded student loan forgiveness for students that participate in illegal, anti-American behavior.
    “Hard-working Americans should not be footing the bill for radical students who support and embolden blatant terrorism. No one should be rewarded for wreaking havoc on college campuses. The President has ended taxpayer-funded loan forgiveness, and it is Congress’ job to make his Executive Order permanent. I look forward to working with my colleagues to move this legislation along and stop funding college for terrorists,” said Sen. Tuberville.
    “Taxpayers shouldn’t be forced to pay student loans for radicals who aid terrorists, mutilate children, or promote illegal immigration. This bill codifies President Trump’s order to stop subsidizing anti-American extremism,” said Sen. Banks.
    Read full text of the bill here. 
    BACKGROUND:
    Sen. Tuberville currently serves as the Chairman of the HELP Subcommittee on Education and the American Family, where he has frequently spoken out against the antisemitism, riots, and lawlessness we are seeing on college campuses. He has expressed that people have the right to free speech in this country, but they do not have the right to riot or commit crimes. If these students – or paid activists in some cases – are breaking the law, they should go to jail.
    The No Loan Forgiveness for Terrorists Act would:
    Preventing students from receiving credit through the PSLF program while working at organizations that engage in the following activities:
    Aiding or abetting violations of federal immigration laws
    Materially supporting terrorism
    Materially supporting the castration or mutilation of children
    Aiding and abetting illegal discrimination
    Violating State tort laws, including against trespassing and disorderly conduct
    Last year, Sen. Tuberville also cosponsored the No Bailouts for Campus Criminals Act which would prevent pro-Hamas protestors convicted of a crime from having their student loans forgiven. 
    Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, HELP and Aging Committees.

    MIL OSI USA News

  • MIL-OSI Australia: Guide to functional currency rules

    Source: New places to play in Gungahlin

    How to use the functional currency rules guide

    The electronic version of this document is the only authorised version. Printed copies may be out of date.

    Read this guide to find out more about the functional currency rules, including:

    • eligibility requirements
    • the implications for tax accounting and tax reporting.

    You can use this guide if you are:

    • an Australian resident or a non-resident with a permanent establishment in Australia and both of the following apply
      • you keep your accounts solely or predominantly in a particular foreign currency
      • you wish to work out your taxable income (or tax loss) using that foreign currency – that is, using your ‘applicable functional currency’
    • a non-resident disposing of indirect interests in real property in Australia and the sole or predominant currency in which you keep your accounts at the time of disposal is a foreign currency. The application of functional currency rules is mandatory in this situation.

    This guide does not cover income from overseas permanent establishments of resident taxpayers.

    Functional currency translation rules

    The functional currency translation rules are an exception to the core foreign currency translation rules.

    Under the core foreign currency translation rules, amounts in a foreign currency must be translated into Australian dollars (A$). There are also rules about when and at what exchange rate a translation is to take place for a given type of transaction.

    Under the functional currency rules, you can use a currency other than A$ as the unit of account to work out your taxable income or tax loss. The core foreign currency translation rules continue to apply to amounts and transactions not covered by the functional currency rules.

    If you are an eligible taxpayer who keeps your accounts solely or predominantly in a particular foreign currency, you can choose to use that foreign currency as the unit of account to work out your taxable income or tax loss.

    If you have made such a choice (that is, an effective functional currency choice), you do not translate transactions you undertake in either a foreign currency or in your applicable functional currency into A$. Rather, you translate only your net amount of taxable income or tax loss calculated in your applicable functional currency into A$.

    The core foreign currency translation rules are contained in section 960-50 of Subdivision 960-C of the Income Tax Assessment Act 1997 (ITAA 1997).

    The functional currency translation rules are contained in section 960-80 of Subdivision 960-D of the ITAA 1997.

    How the functional currency rules work

    Once you choose to use a non-Australian dollar applicable functional currency, you must use that currency as the unit of account in your day-to-day tax accounting. After working out your taxable income or tax loss in the applicable functional currency, you must translate that amount into A$ to report on your tax return.

    You must also carry out your instalment income calculations in your applicable functional currency and translate that amount into A$ for reporting purposes.

    Eligibility to account in a functional currency

    Only certain taxpayers can choose to work out their taxable income or tax loss using a non-Australian dollar applicable functional currency. This guide is relevant only if you are either of the following:

    • a resident who must prepare financial reports under section 292 of the Corporations Act 2001
    • a non-resident carrying on business through a permanent establishment in Australia.

    Your applicable functional currency is the sole or predominant currency in which you keep your ‘accounts’ at the time you choose to use functional currency.

    ‘Accounts’ means ledgers, journals, statements of financial performance, profit and loss accounts, balance sheets and statements of financial position and includes statements, reports and notes attached to, or intended to be read, with such items.

    Find out more in subsection 960-70(4) of the ITAA 1997.

    The following taxpayers using a non-A$ applicable functional currency are not covered in this guide:

    • Australian residents carrying on business through overseas permanent establishments, using a non-A$ applicable functional currency to work out their taxable income or loss
    • attributable taxpayers in respect of controlled foreign companies (CFC) and transferor trusts, using a non-A$ applicable functional currency to work out the ‘attributable income’ of the CFC or transferor trust.

    When to make a functional currency choice

    The functional currency rules started to apply on 1 July 2003.

    Ordinarily, if you choose to use a foreign currency as your applicable functional currency to work out your taxable income or tax loss, your choice will take effect after the end of the tax year during which you made it.

    You must make your functional currency choice in writing.

    In some circumstances, you can make your functional currency choice after the start of the tax year in which you intend it to take effect. This is referred to as a ‘backdated start up choice’. You must make a ‘backdated start up choice within 90 days of either of the following:

    • the start of the tax year, if your entity existed at that time
    • the day your entity came into existence, if it did not exist at the start of the tax year.

    See details on:

    Withdrawing an existing functional currency choice and substituting a new choice

    You can withdraw your existing functional currency choice if the functional currency you are using ceases to be the sole or predominant currency in which you keep your ‘accounts’. Your functional currency choice withdrawal will take effect from the end of the tax year in which you withdraw it.

    Your withdrawal:

    • cannot be backdated
    • must be made in writing
    • should be available as part of the business’s tax records.

    After your previous functional currency choice is withdrawn, you can make a choice to use the new sole or predominant currency in which you keep your accounts to work out your taxable income or tax loss. You must make this choice in writing. If you don’t make a new functional currency choice, the core foreign currency translation rules will apply, which means that all amounts must be translated into A$.

    See details on:

    Documenting your choice to use a non-Australian dollar applicable functional currency

    When making your written choice to use a non-Australian dollar currency as your applicable functional currency, include all the following:

    • the name and tax file number of the entity making the choice
    • the use to which the functional currency is being put – for example, to work out taxable income or tax loss
    • the date the choice takes effect
    • the unit of account that the entity intends to use as its functional currency
    • the signature of the entity’s public officer and the date the written functional currency choice was signed.

    You do not need to send your written functional currency choice to us. However, it should be available as part of your business’ tax records.

    Non-functional currency amounts you receive or pay

    All amounts included in working out your taxable income or tax loss must be in the applicable functional currency. This means you must translate all amounts you receive or pay in another currency, including A$ amounts, into the applicable functional currency.

    The functional currency translation rules, including applicable exchange rates, follow the principles in the core foreign currency translation rules for translating foreign currency amounts to A$. This is covered in subsection 960-50(6) of Subdivision 960-C and also subsection 960-80(6) of Subdivision 960-D of the ITAA 1997.

    However, the A$ is treated as a foreign currency while your applicable functional currency is not a foreign currency for the purposes of working out your taxable income or tax loss in the applicable functional currency. This is covered in subsection 960-80(1) of the ITAA 1997.

    A foreign exchange (forex) realisation gain or loss may arise for certain amounts if there is a difference in prevailing exchange rates at the relevant times. For example, the exchange rate applicable at the time you incur an amount may be different from the exchange rate applicable when you pay it. In this situation, changes in the value of the A$ against the applicable functional currency can bring about a forex gain or loss – an example follows.

    Example 1: trigger of foreign currency loss

    Stellar Rex Incorporated (Stellar Rex), a USA company with a branch (permanent establishment) in Australia, chooses to account for their Australian branch’s taxable income in a functional currency. For Stellar Rex’s purposes, US dollars (US$) is the applicable functional currency and A$ is a foreign currency.

    Stellar Rex contracts to purchase a depreciating asset from an Australian company in A$ as follows:

    Year 1

    Stellar Rex contracts to purchase the asset for A$10,000. Stellar Rex holds the asset from the date of contract.

    At the contract time, A$1.00 = US$0.50.

    Therefore, the cost of the asset in the applicable functional currency is US$5,000.

    Year 2

    Thirteen months after beginning to hold the asset, Stellar Rex pays A$10,000 for the asset.

    At this time A$1.00 = US$0.55, so the A$10,000 Stellar Rex pays is equivalent to US$5,500.

    A forex realisation loss of US$500 is made under Forex realisation event (FRE) 4 when Stellar Rex pays A$10,000 for the asset in year 2. As the payment was made more than 12 months after first holding the asset, the loss is not a short-term forex realisation loss – refer to section 775-75 of the ITAA 1997.

    Therefore, Stellar Rex will take this loss into account as an allowable deduction when calculating the taxable income or tax loss of its Australian branch for year 2. The taxable income of the Australian branch is calculated in US$ and translated into A$ at the end of the tax year for the purpose of working out the amount of A$ income tax it is liable to pay.

    End of example

    Find out more about foreign currency translation (conversion) rules.

    Pre-choice amounts

    Special translation rules apply to amounts that are attributable to transactions or events that happened before your current functional currency choice took effect (‘pre-choice’ amounts). Pre-choice amounts that are relevant for working out your taxable income or tax loss for a year after your functional currency choice takes effect must be translated into your applicable functional currency in accordance with these special rules. This includes pre-choice amounts that are denominated in the same non-A$ currency as your applicable functional currency.

    See details on:

    If you haven’t previously made a functional currency choice, you should translate a relevant pre-choice amount as follows:

    • firstly, into A$ at the exchange rate applicable at the time of the transaction or event
    • secondly, into the applicable functional currency at the exchange rate at the time your functional currency choice took effect.

    If you have previously made a choice to use a non-A$ currency as your applicable functional currency, you should translate a relevant pre-choice amount:

    • firstly, into the previous applicable functional currency at the exchange rate applicable at the time of the transaction or event
    • secondly, into the new applicable functional currency at the exchange rate at the time your new functional currency choice took effect.

    Example 2: sale of assets acquired before making a functional currency choice

    Fion Incorporated (FION), a non-resident corporation, operates through a permanent establishment in Australia. FION conducts most of its business in Yen (¥).

    In the year ended 30 June (year 1) FION chooses to use ¥ as its applicable functional currency. The choice applies for the year commencing 1 July (year 2).

    In the year ended 30 June (year 3) FION sells a tourist resort for ¥600 million, which it had purchased before year 1 for ¥500 million.

    As FION’s applicable functional currency is ¥, the capital gain or capital loss on the disposal of the tourist resort will be calculated in ¥. However, FION had not made a choice to use ¥ as its applicable functional currency at the time it purchased the tourist resort – that is, it was still using A$ for tax purposes. Therefore, the ¥ cost of the resort is translated to A$ at the exchange rate prevailing at the time of the purchase. This A$ amount is then translated to ¥ at the exchange rate prevailing at the time FION’s choice to use ¥ as its applicable functional currency took effect.

    For the purposes of this example, the exchange rates were:

    • A$1.00 = ¥68.50 at the time FION purchased the resort
    • A$1.00 = ¥62.00 at the time FION’s functional currency choice took effect.

    This means the cost base for the purpose of calculating the capital gain or loss on the disposal of the tourist resort is:

    • (¥500,000,000 ÷ 68.50) × 62.00
    • = A$7,299,270 × 62.00
    • = ¥452,554,745.

    The capital gain calculated in FION’s applicable functional currency is:

    • sale proceeds = ¥600,000,000
    • less ¥452,554,745
    • capital gain = ¥147,445,255.

    End of example

    Tax reporting and functional currency

    The functional currency rules allow you to work out your taxable income or tax loss in your applicable functional currency. However, all tax reporting must still be expressed in A$. When reporting on your tax return or activity statement, work out the reported amounts in your applicable functional currency and then translate these amounts into A$.

    For tax reporting purposes, when a translation is needed for label amounts (other than the taxable income amount), use the same translation rate as the taxable income translation rate. If you don’t have a taxable income amount in a given income year (that is, you have a tax loss), you should use the same rate you would have used to translate a taxable income amount into A$.

    How to treat different amounts

    Amount type

    Treatment

    Amounts used in working out taxable income or tax loss in the applicable functional currency (FC).

    Note sections 6AB and 6AC of the Income Tax Assessment Act 1936 (ITAA 1936) with regard to foreign income and foreign tax and the ‘grossing-up’ of foreign income to include foreign tax paid.

    Include the amount in the taxable income calculation in the FC before translating taxable income from the FC into A$.

    Amounts used to work out taxable income or a tax loss that are in a foreign currency. For example:

    • A$ amounts, including the ‘gross-up’ amount for a franked dividend
    • amounts of foreign income, including the ‘gross-up’ amount for foreign tax paid in respect of that income.

    Section 6AC of the ITAA 1936 requires the amount of foreign income included in your assessable income to be ‘grossed-up’ to include any foreign tax you paid in relation to the foreign income. If you receive a franked dividend, section 207-20 of the ITAA 1997 requires you to ‘gross-up’ your assessable income by the amount of the franking credit – and also entitles you to a tax offset equal to the amount of the franking credit.

    Translate into the FC using the applicable exchange rate for that amount.

    As ‘gross-up’ amounts contribute to the calculation of your taxable income or tax loss, you must translate them into the FC. Include the FC value in the taxable income calculation before translating taxable income from FC into A$ – see Example 3 and Example 4.

    Carry-forward losses

    Carry-forward losses are allowable deductions that reduce taxable income.

    Identify the carry forward loss amount in the FC from the previous income year.

    Include these amounts in the taxable income calculation in the FC before translating taxable income from FC into A$.

    When reporting the value of a tax loss, translate it from FC into A$.

    Tax exempt amounts that reduce carry-forward losses

    Tax exempt amounts that reduce carry-forward losses are translated into the FC generally upon being derived. They are then used to absorb the loss to the extent of their value.

    When reporting the value of a tax exempt amount, translate it into A$.

    Foreign income tax offsets (FITO)

    Subsection 770-10(1) of the ITAA 1997 provides that you are entitled to a foreign income tax offset for foreign income tax you paid in respect of an amount of foreign income that is included in your assessable income in a year of income. (FITO in relation to the ‘attributable income’ of a CFC is not dealt with in this guide.)

    The value of foreign income tax offset amounts is not used in working out taxable income, except for when calculating the ‘attributable income’ of a controlled foreign company (CFC) or transferor trust.

    The core foreign currency translation rules apply, and the value of foreign tax paid used to calculate foreign income tax offsets is translated into A$ when the foreign tax is paid – see Example 3.

    Franking credits

    A credit that arises in the franking account of an entity (a franking credit) is a tax offset.

    The amount of the tax offset you are entitled to as a result of receiving a franked dividend is not translated into your FC. Your tax offset amount will equal the A$ amount of the franking credit attached to the dividend you received before it was translated into functional currency.

    Add the A$ value of franking credits to your franking account without translation into FC – see Example 4.

    You must keep your franking account in A$.

    Tax offsets and rebates

    Tax offsets and rebates are not used to work out taxable income or a tax loss.

    The core foreign currency translation rules apply.

    If the amount is already in A$, then no translation takes place.

    If the amount is in a non-A$ currency, translate the amount into A$.

    Do not translate into FC first.

    Values expressed in law

    Paragraph 960-80(2)(i) of the ITAA 1997 covers this.

    Translate these amounts to FC at the applicable rate – see Example 5.

    Example 4: franking credits

    US$1.00 = A$2.00

    XYZ Corporation (XYZ) is an Australian resident company, which chooses to use US$ as its applicable functional currency.

    XYZ derives a fully franked dividend as follows:

    • A$70 cash.
    • A$30 gross-up amount (franking credit value).

    To find out more, refer to subsection 207-20(1) of the ITAA 1997.

    Assessable income calculation

    XYZ translates A$100 ($70 + $30) into US$ as follows:

    • A$100 × 0.5 = US$50.

    At the end of the tax year, US$50 (and other taxable income values) are translated into A$ at regulation rate.

    Franking account balance

    Add A$30 to franking account balance. No translation takes place.

    End of example

    Mandatory application of functional currency for indirect Australian real property interests

    If:

    • you are a foreign resident
    • a CGT event happens in relation to a CGT asset that is an indirect Australian real property interest for you, and
    • at the time of the CGT event, the sole or predominant currency in which you keep your accounts is a currency other than Australian currency

    you must use the applicable functional currency to work out the amount of any capital gain or capital loss. Subsection 960-61(2) of the ITAA 1997 covers this.

    This requirement applies to CGT events that happen on or after 12 December 2006.

    Capital gains and losses

    There are 2 steps to work out a capital gain or capital loss.

    Step 1 translate an amount that is not in the applicable functional currency into the applicable functional currency.

    Step 2 translate the amount of any capital gain or capital loss into Australian currency.

    See more details at table item 6 of subsection 960-80(1) of the ITAA 1997.

    Exchange rates to apply

    Different exchange rates apply to the translation of amounts that are elements in the calculation of capital gain or loss.

    See more details at subsection 960-80(4) of the ITAA 1997.

    The exchange rate to be used when translating amounts will be either the:

    • rate at the time the costs are incurred
    • rate at the time of the CGT event.

    Exchange rate applicable at the time the costs are incurred

    Amounts relating to the payments made and costs incurred that form part of the cost base of a CGT asset, are translated into your functional currency at the exchange rate applicable at the time the costs are incurred.

    See details in:

    • table item 5 of subsection 960-50(6) of the ITAA 1997
    • TR 2007/5 Income tax: functional currency – when is an amount not in the ‘applicable functional currency’? paragraphs 110 and 153.

    Exchange rate applicable at the time of the CGT event

    Amounts which are relevant for working out the capital gain or capital loss (capital proceeds or market value of other property) on the happening of a CGT event, are translated into the applicable functional currency at the exchange rate applicable at the time of the CGT event.

    See details in:

    Amount of capital gain or capital loss calculated in the applicable functional currency

    This amount is translated into the Australian currency at the exchange rate applicable at the time of CGT event.

    See details in:

    • table item 5 in subsection 960-50(6) of the ITAA 1997
    • TR 2007/5 Income tax: functional currency – when is an amount not in the ‘applicable functional currency’?

    Reporting during the year

    Business activity statements

    When completing a business activity statement (BAS):

    1. calculate your instalment income in the applicable functional currency
    2. translate your instalment income into Australian dollars at the appropriate rate
    3. complete label T1 of the BAS accordingly.

    Company tax return

    The functional currency rules allow some taxpayers to choose to work out their taxable income or tax loss by using a non-A$ currency as their applicable functional currency (FC).

    All amounts disclosed on the company tax return must be disclosed in A$.

    When a label amount is accounted for in a non-A$ FC, that sum should be translated into A$ using the same functional currency translation rate (shown at label 8N Functional currency translation rate of the company tax return) used to translate the taxable income or tax loss figure.

    The following amounts are always accounted for in A$, and not in the FC:

    • Label 7 J Franking credits
    • Label 7 C Australian franking credits from a New Zealand Company.

    The following amounts do not need to be translated into A$ before completion of the return:

    • Label 7 R Tax losses deducted
    • Label 7 S Tax losses transferred in.

    Tax losses are allowable deductions from taxable income. If you carry forward losses, you should account for and claim them in your FC. Report any losses used during the income year at label 7R by translating the value of the loss used into A$ at the FC translation rate.

    As mentioned above, label 8N is where you show the exchange rate used to translate the FC taxable income figure (and many other figures on the company tax return) into A$.

    At label 8N, show the translation rate the company used to translate the taxable income figure from the FC into A$. The translation rate is the amount the FC amount is divided by to get an equivalent amount of A$. That is, the number of non-A$ currency units that equal one A$ rounded to 4 significant figures – see Examples for labels 8N and 8O.

    Label 😯 – functional currency chosen

    Label 😯 is where you show your chosen FC using the 3-letter code from the international standard ISO 4217 – ‘Currency codes’. See the list of Currency codes for label 😯.

    Labels 8N and 😯 must be completed by:

    • Australian resident taxpayers who use FC to work out their taxable income or tax loss
    • foreign residents carrying on an activity or business at, or through, an Australian permanent establishment, who use FC to work out their taxable income or tax loss.

    You should not complete labels 8N and 😯 if you are an Australian resident taxpayer using FC only to work out the attributable income of a controlled foreign company (CFC) or transferor trust.

    The following are examples of correctly completed labels 8N and 8O. The exchange rates used are from 26 September 2003.

    Examples for labels 8N and 😯

    Applicable FC

    Label N

    Label O

    US Dollar

    .6695

    USD

    Yen

    77.18

    JPY

    New Zealand Dollar

    1.1385

    NZD

    Won

    785.8

    KRW

    Rupiah

    5679

    IDR

    As mentioned previously, if you choose to use FC, you should account for the value of any carry-forward losses using that FC.

    The value of those tax losses and net capital losses carried forward to later income years should be reported in A$ at ‘Losses information’ – labels 13U and 13V – on the company tax return.

    Calculation statement

    The calculation statement on the company tax return shows you how to work out the amount of tax payable or refundable. It starts with the ‘Taxable income’ figure at label A. This figure should have been worked out earlier, using the applicable FC and then translated into A$.

    Other figures in the calculation statement are either of the following:

    • A$ amounts, such as pay as you go (PAYG) instalments raised
    • amounts translated into A$ previously, such as any foreign income tax offset.

    Currency codes for label 😯

    These currency codes are from international standard ISO 4217 – Currency codes.

    A–F, G–K, L–P, Q–U, V–Z

    A

    • Afghan Afghani – AFN
    • Albanian Lek – ALL
    • Algerian Dinar – DZD
    • Angolan Kwanza – AOA
    • Argentine Peso – ARS
    • Armenian Dram – AMD
    • Aruban Guilder – AWG
    • Azerbaijani Manat – AZN

    B

    • Bahamian Dollar – BSD
    • Bahraini Dinar – BHD
    • Bangladeshi Taka – BDT
    • Barbados Dollar – BBD
    • Belarusian Ruble – BYN
    • Belize Dollar – BZD
    • Bermudian Dollar – BMD
    • Bhutanese Ngultrum – BTN
    • Bolivian Boliviano – BOB
    • Bosnia & Herzegovina Convertible Marks – BAM
    • Botswanan Pula – BWP
    • Brazilian Real – BRL
    • British Pound – GBP
    • Brunei Dollar – BND
    • Bulgarian Lev – BGN
    • Burundi Franc – BIF

    C

    • Cambodian Riel – KHR
    • Canadian Dollar – CAD
    • Cabo Verde Escudo – CVE
    • Cayman Islands Dollar – KYD
    • CFA Franc BCEAO – XOF
    • CFA Franc BEAC – XAF
    • CFP Franc – XPF
    • Chilean Peso – CLP
    • Chinese Yuan Renminbi – CNY
    • Colombian Peso – COP
    • Comorian Franc – KMF
    • Congolese Franc – CDF
    • Costa Rican Colon – CRC
    • Cuban Peso – CUP
    • Czech Koruna – CZK

    D

    • Danish Krone – DKK
    • Djibouti Franc – DJF
    • Dominican Peso – DOP

    E

    • East Caribbean Dollar – XCD
    • Egyptian Pound – EGP
    • El Salvador Colon – SVC
    • Eritrean Nakfa – ERN
    • Ethiopian Birr – ETB
    • Euro – EUR

    F

    • Falkland Islands Pound – FKP
    • Fijian Dollar – FJD

    G

    • Gambian Dalasi – GMD
    • Georgian Lari – GEL
    • Ghanaian Cedi – GHS
    • Gibraltar Pound – GIP
    • Guatemalan Quetzal – GTQ
    • Guernsey Pound Sterling – GBP
    • Guinean Franc – GNF
    • Guyanese Dollar – GYD

    H

    • Haitian Gourde – HTG
    • Honduran Lempira – HNL
    • Hong Kong Dollar – HKD
    • Hungarian Forint – HUF

    I

    • Icelandic Krona – ISK
    • Indian Rupee – INR
    • Indonesian Rupiah – IDR
    • Iranian Rial – IRR
    • Iraqi Dinar – IQD
    • Isle of Man Pound Sterling – GBP
    • Israeli New Sheqel – ILS

    J

    • Jamaican Dollar – JMD
    • Japanese Yen – JPY
    • Jersey Pound Sterling – GBP
    • Jordanian Dinar – JOD

    K

    • Kazakhstani Tenge – KZT
    • Kenyan Shilling – KES
    • Kuwaiti Dinar – KWD
    • Kyrgystani Som – KGS

    L

    • Laotian Kip – LAK
    • Latvia Euro – EUR
    • Lebanese Pound – LBP
    • Lesotho Loti – LSL
    • Liberian Dollar – LRD
    • Libyan Dinar – LYD
    • Lithuania Euro – EUR

    M

    • Macanese Pataca – MOP
    • Macedonia Denar – MKD
    • Malagasy Ariary – MGA
    • Malawian Kwacha – MWK
    • Malaysian Ringgit – MYR
    • Maldivian Rufiyaa – MVR
    • Mauritanian Ouguiya – MRU
    • Mauritius Rupee – MUR
    • Mexican Peso – MXN
    • Moldovan Leu – MDL
    • Mongolian Tugrik – MNT
    • Moroccan Dirham – MAD
    • Mozambique Metical – MZN
    • Myanmar Kyat – MMK

    N

    • Namibia Dollar – NAD
    • Nepalese Rupee – NPR
    • Netherlands Antillean Guilder – ANG
    • New Zealand Dollar – NZD
    • Nicaraguan Cordoba Oro – NIO
    • Nigerian Naira – NGN
    • North Korean Won – KPW
    • Norwegian Krone – NOK

    O

    • Omani Rial – OMR
    • Other – OTH

    P

    • Pakistani Rupee – PKR
    • Panamanian Balboa – PAB
    • Papuan Kina – PGK
    • Paraguayan Guarani – PYG
    • Peruvian Nuevo Sol – PEN
    • Philippine Peso – PHP
    • Polish Zloty – PLN
    • Pound Sterling – GBP

    Q

    • Qatari Rial – QAR

    R

    • Romanian New Leu – RON
    • Russian Ruble – RUB
    • Rwandan Franc – RWF

    S

    • Saint Helena Pound – SHP
    • Samoan Tala – WST
    • Sao Tome and Principe Dobra – STN
    • Saudi Riyal – SAR
    • Serbian Dinar – RSD
    • Seychelles Rupee – SCR
    • Sierra Leonean Leone – SLE
    • Singapore Dollar – SGD
    • Solomon Islands Dollar – SBD
    • Somali Shilling – SOS
    • South African Rand – ZAR
    • South Korean Won – KRW
    • South Sudanese Pound – SSP
    • Sri Lankan Rupee – LKR
    • Sudanese Pound – SDG
    • Surinam Dollar – SRD
    • Eswatini Lilangeni – SZL
    • Swedish Krona – SEK
    • Swiss Franc – CHF
    • Syrian Pound – SYP

    T

    • Taiwanese New Dollar – TWD
    • Tajikistani Somoni – TJS
    • Tanzanian Shilling – TZS
    • Thai Baht – THB
    • Tongan Pa’anga – TOP
    • Trinidad and Tobago Dollar – TTD
    • Tunisian Dinar – TND
    • Turkish Lira – TRY
    • Turkmenistan New Manat – TMT
    • Tuvalu Australian Dollar – AUD

    U

    • UAE Dirham – AED
    • Ugandan Shilling – UGX
    • Ukrainian Hryvnia – UAH
    • Uruguayan Peso – UYU
    • US Dollar – USD
    • Uzbekistan Sum – UZS

    V

    • Vanuatuan Vatu – VUV
    • Venezuelan Bolivar Soberano – VES
    • Vietnamese Dong – VND

    Y

    • Yemeni Rial – YER

    Z

    • Zambian Kwacha – ZMW
    • Zimbabwe Gold – ZWG

    MIL OSI News

  • MIL-OSI New Zealand: Investment Boost tax incentive takes effect immediately

    Source: NZ Music Month takes to the streets

    Investment Boost has passed into law, meaning a major new tax incentive to encourage businesses to invest, grow the economy, and lift wages is now in place, Finance Minister Nicola Willis says.
    “Investment Boost takes effect immediately. This means businesses that go out today and buy machinery or tools or equipment or vehicles or technology can immediately deduct 20 per cent of that cost from taxable income – meaning a much lower tax bill.
    “The feedback to Investment Boost has already been massive, with businesses telling us it will be a game-changer.
    “This change will benefit farmers, tradies, hairdressers, manufacturers, and other businesses by helping them invest in productivity improving assets. It is all designed to help firms become more competitive and, therefore, able to lift workers’ wages.
    “The Treasury and Inland Revenue estimate Investment Boost will improve economic growth, lifting New Zealand’s GDP by 1 per cent, wages by 1.5 per cent and our capital stock by 1.6 per cent over the next 20 years, with around half these gains expected in the first five years.
    “Investment Boost applies to new assets purchased in New Zealand as well as new and used assets imported from overseas. It includes commercial buildings but excludes land, residential buildings, and assets already in use in New Zealand.
    “There’s no cap on the value of eligible investments. All businesses, regardless of size, can benefit.
    “Investment Boost delivers more bang for buck than a company tax cut because it only applies to new investments, not those made in the past.
    “The policy will reward businesses who make new investments by reducing their tax bills in the year they purchase new assets. For example, with Investment Boost, an advanced manufacturing firm that purchases a $200,000 environmental test chamber would reduce its tax bill by more than $10,000 in the year of purchase.
    “After many difficult years, New Zealand is once again on a steady economic growth path, thanks to our careful economic management supporting lower inflation, lower interest rates, and more business-friendly policies.
    “Businesses have been knocked around by challenging local and international economic conditions. This tax incentive shows that we are backing them to succeed. 
    “Now is the right time to support New Zealand’s economic recovery by making it easier for businesses to invest, hire more workers, pay them better, and contribute more to our long-term prosperity. 
    “It is only through a strong economy we can create jobs, lift incomes and afford the frontline public services like schools, hospitals and Police that Kiwis deserve.”

    MIL OSI New Zealand News

  • MIL-OSI Security: Nineteen Members of a Drug Trafficking Ring Indicted in Cleveland

    Source: US FBI

    CLEVELAND – A federal grand jury in the Northern District of Ohio has returned a 29-count indictment against 19 members and associates of a Cleveland drug trafficking ring. Those charged are Derek Brantley, 41, Cleveland Heights; Juan Johnny Colon, 42, Cleveland; Luis Joel Rondon, 44, Cleveland; Sydney Anthony, 25, Parma Heights; Ryan Bell, 39, Brunswick; Mark Byrd, 44, Cleveland; Nicholas Calvert, 37, Avon Lake; Jocelyn Dolan, 22, Newton Falls; Antonio Greenlee, 37, Cleveland; Andre Jenkins, 43, Cleveland; Melanie Crespo, 32, Elyria; Jordan Marsh, 27, Cleveland; Nicholas Malusky, 38, Parma; Sean Masters, 54, Fort Pierce, Florida; Brandon Payne, 32, Cleveland; Lee Pomales, 38, Cleveland; Mason Pulvino, 28, North Ridgeville; Martha Rios, 68, Cleveland; and Kalem Watts, 45, Cleveland.

    Federal and local law enforcement agents and officers made the apprehensions in a series of coordinated arrests.

    According to court documents, from October 2023 to December 2024, the defendants charged were alleged to have trafficked various controlled substances but were mostly dealing cocaine. Although based in Cleveland, the ring operated throughout Northeast Ohio and as far away as Fort Bragg, North Carolina. Their operations also included attempts to infiltrate the Ohio prison system.

    Throughout the investigation, authorities seized thousands of dollars in cash and a number of illegal drugs that included cocaine, methamphetamine, and fentanyl. Several illegally possessed firearms were also confiscated throughout the investigation.

    During the investigation, several locations in Cleveland were found to be used as stash houses to store and package cocaine and methamphetamine, as well as store firearms.

    An indictment is merely an allegation. Defendants are presumed innocent and entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

    If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to the case, including each defendant’s prior criminal record, if any, their role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum, and, in most cases, it will be less than the maximum.

    This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi­-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.

    The specific mission of the OCDETF Cleveland Strike Force is to disrupt and dismantle major criminal organizations and subsidiary organizations, including criminal gangs, transnational drug cartels, racketeering organizations, and other groups engaged in illicit activities that present a threat to public safety and national security and are related to the illegal smuggling and trafficking of narcotics or other controlled substances, weapons, humans, or the illegal concealment or transfer of proceeds derived from such illicit activities in the Northern District of Ohio. The OCDETF Cleveland Strike Force is composed of agents and officers from the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms (ATF), and Explosives, Homeland Security Investigations, United States Marshals Service (USMS), U.S. Postal Inspection Service, Internal Revenue Service, and U.S. Border Patrol, along with task force officers from numerous local law enforcement agencies, including the Cleveland Division of Police. Prosecutions are led by the Office of the United States Attorney for the Northern District of Ohio.

    This case was investigated by the FBI Cleveland Division.

    Assistant United States Attorney Robert F. Corts for the Northern District of Ohio is leading the prosecution in this case.

    MIL Security OSI

  • MIL-OSI Security: Charlotte Man Sentenced to Prison for His Role in Multimillion-Dollar Bank Fraud Scheme

    Source: US FBI

    CHARLOTTE, N.C. – A Charlotte man was sentenced to prison today for his role in a multi-million dollar bank fraud scheme, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina. Bruce Howard Marko, 66, was sentenced to 12 months and a day in prison followed by two years of supervised release, and was ordered to pay restitution in the amount of $1.5 million. Marko pleaded guilty to conspiracy to commit wire fraud and bank fraud.

    Marko’s three co-defendants, Kotto Yaphet Paul, 50, of Waxhaw, N.C., Latoya Tamieka Ford, 50, of Covington, Georgia, and Love Norman, 50, of West Palm Beach, Florida, have each pleaded guilty to wire fraud and bank fraud conspiracy and are awaiting sentencing. Paul also pleaded guilty to money laundering.

    According to filed court documents and today’s sentencing hearing, beginning in 2018, Marko conspired with Peebles, Paul and Ford to orchestrate a fraudulent loan scheme that defrauded at least 17 federally insured financial institutions of more than $17 million. Marko participated directly in at least five of these fraudulent loans totaling over $2.8 million. To execute the scheme, Marko and his co-defendants submitted loan applications to financial institutions that contained fraudulent information, including false employment and income information, false tax returns, and misrepresentations regarding the applicants’ assets, liabilities, and the intended use the loan proceeds. Based on the fraudulent loan applications, Marko and his co-defendants secured at least 42 loans from the victim financial institutions. Contrary to information provided on the loan applications about the purposes of the loans, the defendants used the loan proceeds to purchase real estate, cover unrelated business expenses, make investments, make payments toward earlier loans, and pay for personal expenditures. Court documents show that the defendants defaulted on most of the loans, causing substantial losses to the victim financial institutions that issued the loans.

    Four additional defendants were previously convicted of bank fraud conspiracy for their involvement in the scheme. Amrish D. Patel was sentenced to 15 months in prison, Dwight A. Peebles, Jr. was sentenced to 18 months in prison. Denise Woodard was ordered to serve 36 months in prison, and Derrick L. Harrison, was sentenced to a year and a day in prison. The defendants were also ordered to pay restitution ranging from $620,000 to more than $3.1 million.

    In making today’s announcement, U.S. Attorney Ferguson credited the Office of the Inspector General of the Board of Governors of the Federal Reserve System, the Office of the Inspector General for the Federal Housing Finance Agency, the Office of the Inspector General for the Federal Deposit Insurance Corporation, the Federal Bureau of Investigation in Charlotte, and the Charlotte Field Office of the Internal Revenue Service’s Criminal Investigation, for the investigation of this case.

    Assistant U.S. Attorney Don Gast with the U.S. Attorney’s Office in Asheville is prosecuting the case.

     

    MIL Security OSI

  • MIL-OSI Security: Johnstown Woman Sentenced to Over Eight Years in Prison for Narcotics Trafficking

    Source: US FBI

    JOHNSTOWN, Pa. – A resident of Johnstown, Pennsylvania, was sentenced in federal court to 100 months in prison, to be followed by three years of supervised release, on her convictions of conspiracy to distribute and possession with intent to distribute heroin, crack, methamphetamine, and fentanyl, Acting United States Attorney Troy Rivetti announced today.

    United States District Judge Marilyn J. Horan imposed the sentence on Jessica Wilson, 39, on May 8, 2025.

    According to information presented to the Court, from in and around January 2021 to July 2021, in the Western District of Pennsylvania, Wilson conspired to distribute and possessed with intent to distribute quantities of heroin, crack, and methamphetamine. Wilson was intercepted on a federal wiretap obtaining quantities of the drugs that she distributed to others. During a separately charged offense, from in and around April 2024 to June 2024, Wilson conspired to distribute and possessed with intent to distribute quantities of mixtures containing fentanyl and crack.

    Assistant United States Attorneys Maureen Sheehan-Balchon and Arnold P. Bernard Jr. prosecuted these cases on behalf of the government.

    Acting United States Attorney Rivetti commended the Federal Bureau of Investigation’s Laurel Highlands Resident Agency and Homeland Security Investigations for the investigation that led to the successful prosecution of Wilson. Additional agencies participating in this investigation included the Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service–Criminal Investigation, United States Postal Inspection Service, Pennsylvania Office of Attorney General, Pennsylvania State Police, Cambria County District Attorney’s Office, Indiana County District Attorney’s Office, Cambria County Sheriff’s Office, Cambria Township Police Department, Indiana Borough Police Department, Johnstown Police Department, Upper Yoder Township Police Department, Richland Police Department, Ferndale Police Department, and other local law enforcement agencies.

    This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

    MIL Security OSI

  • MIL-OSI Security: Sonoma Real Estate Developer Arrested On Charges Of Defrauding Hundreds Of Investors

    Source: Office of United States Attorneys

    Former President of LeFever Mattson Allegedly Used Victims’ Money to Fund Personal Expenses and Pay Existing Investors

    SAN FRANCISCO – Kenneth W. Mattson, 63, of Sonoma, was arrested today pursuant to an indictment returned by a federal grand jury charging him with wire fraud, money laundering, and obstruction of justice.  

    According to the nine-count indictment filed May 13, 2025, and unsealed today, Mattson was the President of LeFever Mattson, a corporation based in Citrus Heights, Calif., that controlled several limited partnerships that owned and managed commercial and residential properties.  For more than a decade, Mattson allegedly solicited and obtained millions of dollars in investments from hundreds of investors—many of whom were nearing or in retirement—in what he represented were legitimate and safe interests of limited partnerships that owned real estate.  Those representations were false: although many of the partnerships were real entities, Mattson’s victims, referred to in the indictment as “off-books investors,” never had interests in those partnerships.

    “This indictment alleges that Kenneth Mattson defrauded hundreds of victims, many of whom entrusted him with retirement savings they could not afford to lose.  He allegedly raised tens of millions of dollars by falsely claiming that investors would have legitimate stakes in real estate projects.  Instead of delivering the investment returns he promised, Mr. Mattson is charged with cheating these investors out of their hard-earned money and, in many cases, out of their life savings,” said Acting United States Attorney Patrick D. Robbins.  “Mr. Mattson will now be held to account on charges of perpetrating a scheme that he kept afloat only by using new investors’ money to pay obligations to earlier investors—a classic Ponzi scheme.”

    “As alleged, Mattson orchestrated a fraudulent real estate investment scheme over several years, stealing millions of dollars from hundreds of victims, many of them retirees or nearing retirement.  This case underscores the serious impact financial fraud can have on a community, particularly on those least able to recover,” said FBI Special Agent in Charge Sanjay Virmani.  “The investigation in this case is ongoing.  We encourage anyone who believes they may be a victim to come forward.  The FBI and our partners remain steadfast in our commitment to uncovering the truth and seeking justice for those affected.”

    “The allegations against Mr. Mattson describe a long-standing scheme with hundreds of victims duped out of millions of dollars,” said IRS Criminal Investigation (IRS-CI) Oakland Field Office Special Agent in Charge Linda Nguyen. “Simply put, white-collar crime is not victimless, and our special agents and professional staff are the experts at tracing money trails and building cases that lead to justice while simultaneously deterring future criminal activity.”

    “Postal inspectors will not allow the mail to be used to defraud people. The American people trust us to end fraud schemes and bring fraud perpetrators to justice—we are proud to work with our federal law enforcement partners in investigations like this one,” said U.S. Postal Inspection Service (USPIS), San Francisco Division Inspector in Charge Stephen M. Sherwood.

    The indictment describes that, from at least 2009 and continuing through 2024, Mattson solicited investments from off-books investors into Divi Divi Tree, LP (Divi Divi), a LeFever Mattson-controlled partnership that owned an apartment complex in Riverside County, Calif.  The vast majority of these investors used their retirement funds to invest in Divi Divi.  Mattson never told the LeFever Mattson company about these investors, and the investors were not listed as partners in the company’s official books and records.  Contrary to Mattson’s representations to these victims, these “off-books” investors never became true owners in the partnership.  Although some investors received distribution payments from their “off-books” investments, that money did not come from the rents of the partnership’s underlying property, as Mattson promised; instead, it came from loans, Mattson’s comingling of other assets, and from new investors, in the manner of a Ponzi scheme.

    Mattson’s scheme reached beyond Divi Divi to other LeFever Mattson limited partnerships, including Heacock Park Apartments, LP, an entity that was formed to purchase another apartment complex.  Among other conduct, the indictment describes Mattson’s concealment from the “off-books” investors of the 2021 sale of the Heacock Park Apartments, the asset underlying Heacock Park, which resulted in net proceeds of over $8 million.  Notwithstanding Mattson’s prior representations to “off-books” investors that they would be notified upon sale and be entitled to share in profits proportionate to their ownership stake, Mattson concealed the sale from existing “off-books” investors and omitted that the primary asset of the entity had, in fact, been sold when recruiting new investors for Heacock Park.

    The indictment also alleges that Mattson engaged in similar fraudulent conduct through another real estate holding entity over which he exercised sole business control, KS Mattson Partners, LP.

    Between 2019 and 2024, Mattson obtained at least $28 million from investors for “off-books” investments in Divi Divi and Heacock Park alone.

    The indictment further alleges that Mattson learned of an investigation into his conduct by the U.S. Securities and Exchange Commission (SEC) in April 2024.  After the SEC instructed Mattson to preserve and retain relevant evidence and served him with a subpoena for documents, Mattson deleted thousands of files that were relevant to the SEC’s investigation.  

    The indictment charges Mattson with seven counts of wire fraud in violation of 18 U.S.C. § 1343, one count of engaging in monetary transactions in property derived from specified unlawful activity (money laundering) in violation of 18 U.S.C. § 1957, and one count of destruction of records in a federal investigation (obstruction of justice) in violation of 18 U.S.C. § 1519.

    Mattson is scheduled to make his initial federal court appearance at 10:30 a.m. on May 23, 2025, before U.S. Magistrate Judge Alex G. Tse in San Francisco.

    An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, Mattson faces a maximum sentence of 20 years in prison as to each count of wire fraud and the obstruction of justice count and 10 years in prison as to the money laundering count.  Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.  

    Individuals who believe that they are “off-books” investors with Mattson are urged to fill out the following form: https://forms.fbi.gov/victims/lfminvestors and send copies of any relevant documents to LFMInvestors@fbi.gov.

    The SEC today filed a civil enforcement action against Mattson and KS Mattson Partners LP in the Northern District of California.  

    Assistant U.S. Attorneys Christoffer Lee and Nikhil Bhagat are prosecuting the case with the assistance of Mimi Lam.  The prosecution is the result of an investigation by the FBI, IRS-CI, and USPIS.  The U.S. Attorney’s Office thanks the San Francisco Regional Office of the SEC for its assistance in the investigation.

    Mattson Indictment
     

    MIL Security OSI

  • MIL-OSI Security: President and CEO of Las Vegas-Based Company Pleads Guilty for Role in Investment Fraud Scheme Where He Stole Millions in Victim Investor Funds

    Source: US FBI

    LAS VEGAS – A Nevada man pleaded guilty yesterday to one count of wire fraud stemming from his role in a years-long fraud scheme, during which he stole more than $6.1 million in victim investor funds.

    According to court documents, Mykalai Kontilai, formerly Michael Contile, 55, of Las Vegas, facilitated an investment fraud scheme involving his company, Collector’s Coffee Inc., doing business as Collector’s Café (Collector’s Coffee), a company incorporated in California and headquartered in Las Vegas. From 2012 to 2018, Kontilai made or caused to be made numerous materially false and misleading representations to induce victims to invest in Collector’s Coffee — a company he claimed was on the verge of launching an online auction house for third-party owned collectibles, such as Hollywood and sport memorabilia. As a result of Kontilai’s numerous false and misleading statements, including that investor funds would be used for legitimate business purposes, that Kontilai had personally invested millions of his own money in the company, and that he did not take a salary, Kontilai successfully raised approximately $23 million from Collector’s Coffee investors. However, rather than using the proceeds as represented, Kontilai stole approximately $6.1 million for his own personal use, including for the purchase of luxury goods, apartments, and vehicles.

    The U.S. Securities and Exchange Commission (SEC) began investigating Kontilai for misappropriating investor funds in or around 2017. Kontilai obstructed the investigation by forging documents that he caused to be transmitted to the SEC and lied under oath to the SEC. Kontilai was charged in connection with this conduct both in the present case on June 3, 2020, and in a separate case in the District of Colorado on March 10, 2020. While under investigation but prior to charging, Kontilai fled to Russia and was ultimately arrested on an Interpol Red Notice in Germany in 2023. He was extradited back to the United States to face the pending charges in May. As part of the plea agreement in this case, the government will move to dismiss the Colorado case at sentencing.

    Kontilai pleaded guilty to one count of wire fraud. He is scheduled to be sentenced on Dec. 4 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Jason M. Frierson for the District of Nevada; Special Agent in Charge Spencer L. Evans of the FBI Las Vegas Field Office; and Special Agent in Charge Carissa Messick of IRS Criminal Investigation (IRS-CI) made the announcement.

    The FBI and IRS-CI are investigating the case. The Justice Department’s Office of International Affairs provided significant assistance in securing the extradition from Germany of Kontilai.

    Trial Attorneys Brandon Burkart and Sara Hallmark of the Criminal Division’s Fraud Section (FRD) and Assistant U.S. Attorney Jessica Oliva for the District of Nevada prosecuted this case. Former FRD Trial Attorney Emily Scruggs provided valuable assistance. 

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    MIL Security OSI

  • MIL-OSI Security: President and CEO of Las Vegas-Based Company Sentenced for Role in Investment Fraud Scheme Where He Stole Millions in Victim Investor Funds

    Source: US FBI

    LAS VEGAS — A Nevada man was sentenced yesterday to 51 months in prison and was ordered to pay $6.1 million in restitution stemming from his role in a years-long fraud scheme.

    According to court documents, Mykalai Kontilai, formerly Michael Contile, 55, of Las Vegas, facilitated an investment fraud scheme involving his company, Collector’s Coffee Inc., doing business as Collector’s Café (Collector’s Coffee), a company incorporated in California and headquartered in Las Vegas. From 2012 to 2018, Kontilai made or caused to be made numerous materially false and misleading representations to induce victims to invest in Collector’s Coffee — a company he claimed was on the verge of launching an online auction house for third-party owned collectibles, such as Hollywood and sport memorabilia. As a result of Kontilai’s numerous false and misleading statements, including that investor funds would be used for legitimate business purposes, that Kontilai had personally invested millions of his own money in the company, and that he did not take a salary, Kontilai successfully raised approximately $23 million from Collector’s Coffee investors. However, rather than using the proceeds as represented, Kontilai stole approximately $6.1 million for his own personal use, including for the purchase of luxury goods, apartments, and vehicles.

    The U.S. Securities and Exchange Commission (SEC) began investigating Kontilai for misappropriating investor funds in or around 2017. Kontilai obstructed the investigation by forging documents that he caused to be transmitted to the SEC and lied under oath to the SEC. Kontilai was charged in connection with this conduct both in the present case on June 3, 2020, and in a separate case in the District of Colorado on March 10, 2020. While under investigation but prior to charging, Kontilai fled to Russia and was ultimately arrested on an Interpol Red Notice in Germany in 2023. He was extradited back to the United States to face the pending charges in May.

    On Nov. 21, Kontilai pleaded guilty to one count of wire fraud. As part of the plea agreement in this case, the government has moved to dismiss the Colorado case.

    Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Jason M. Frierson for the District of Nevada; Special Agent in Charge Spencer L. Evans of the FBI Las Vegas Field Office; and Special Agent in Charge Carissa Messick, IRS Criminal Investigation (IRS-CI)’s Phoenix Field Office made the announcement.

    FBI and IRS-CI investigated the case. The Justice Department’s Office of International Affairs provided significant assistance in securing the extradition from Germany of Kontilai.

    Trial Attorneys Brandon Burkart and Sara Hallmark of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Jessica Oliva for the District of Nevada prosecuted this case. Former Fraud Section Trial Attorney Emily Scruggs provided valuable assistance.

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    MIL Security OSI

  • MIL-OSI Security: Rapids Theatre Owner Pleads Guilty to Defrauding COVID Relief Programs Out of More Than $1.8 Million

    Source: US FBI

    BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that John L. Hutchins, 71, of Lewiston, NY, pleaded guilty before Judge Meredith A. Vacca to conspiracy to commit wire fraud and bank fraud, which carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

    Assistant U.S. Attorneys Paul E. Bonanno and Douglas A. C. Penrose, who are handling the case, stated that between March 2020, and March 2024, Hutchins conspired with co-defendant Roberto Soliman and others to file fraudulent loan applications under the Economic Injury Disaster Loan (EIDL), the Paycheck Protection Program (PPP), and the Shuttered Venue Operators Grant (SVOG). The loans available for these programs were designed to provide emergency financial assistance pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES Act). Hutchins and Soliman applied for loans under the following companies, which were owned by Hutchins:

    •           Rapids Theatre Niagara Falls, USA, Inc.

    •           1711 Main, LLC

    •           Bear Creek Entertainment, LLC

    •           Hutch Enterprises, LLC

    •           The Hutchins Agency, LLC

    •           CWE Entertainment, Corp. (owned by defendant Soliman)

    Between March and August 2020, Hutchins and Soliman received five Economic Injury Disaster Loans totaling $779,500.00. In addition, they received SVOG loans totaling $989,905.05, a PPP loan from Bank on Buffalo totaling $74,838, and a PPP loan from Northwest Bank totaling $41,140. In support of each of the loans, Hutchins and Soliman submitted false revenue and expense figures for the businesses on the loan applications.

    Charges remain pending against Roberto Soliman.

    The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Harry Chavis, U.S. Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations, and the New York State Office of Professional Discipline. 

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    MIL Security OSI

  • MIL-OSI Security: Jury Convicts Two Defendants Who Were Charged with 23 Other Ohioans in Narcotics Distribution Ring

    Source: US FBI

    One defendant also convicted of sex-trafficking victims through use of drug withdrawals, violence

    COLUMBUS, Ohio – A federal jury has convicted two local men for their roles in a narcotics distribution ring involving bulk amounts of fentanyl, crack cocaine, cocaine, methamphetamine & other narcotics. As part of this case, the government has seized more than $1.7 million, 50 firearms, and nine vehicles, including a motorcycle. One of the defendants convicted at trial also sex-trafficked at least three adult victims.

    The jury found David Price, 56, of Columbus, guilty on all counts, and Tavaryyuan Johnson, 25, of Columbus, guilty on drug trafficking counts.

    The verdict was announced on Feb. 5 following a trial that began on January 13, 2025 before U.S. District Judge Edmund A. Sargus, Jr.

    A multi-agency law enforcement task force initially announced the case in July 2022 after a federal grand jury initially indicted 11 defendants for distributing bulk amounts of fentanyl, cocaine, and crack cocaine in central Ohio within 1,000 feet of a Columbus elementary school.

    A superseding indictment returned in October 2022 charged additional co-conspirators with distributing those same drugs in addition to methamphetamine, heroin, marijuana, Xanax and Oxycodone.

    Price, who is also known as “DP,” was charged in a third superseding indictment in December 2024 with 11 drug, firearm and sex trafficking crimes. He faces a minimum of 25 years and up to life in prison.

    Johnson is also known as “Gucci” and “TJ,” and was also charged in a third superseding indictment in December 2024. He was convicted of four drug offenses, including using a family residence in Columbus as his stash house for bulk amounts of narcotics. Johnson faces a minimum of 10 years and up to life in prison.

    According to court documents and trial testimony, the two men were part of a conspiracy to distribute and possess to distribute 400 grams or more of fentanyl, five kilograms or more of cocaine, 280 grams or more of “crack” cocaine and 100 grams or more of heroin, as well as marijuana, oxycodone and alprazolam. The drug trafficking organization operated from January 2008 until it was dismantled by law enforcement in 2022.

    Drug offenses took place at residences on Burgess and Harris avenues, which are within 1,000 feet of Burroughs Elementary School.

    In July 2021, Price distributed fentanyl, methamphetamine and cocaine that resulted in the overdose death of an adult female.  The testimony at trial indicated he purposefully killed her to get rid of her as she was talking to the police about his drug business.

    The government also proved beyond a reasonable doubt at trial that Price conspired to commit sex trafficking. From 2016 until 2022, Price and other members of the conspiracy would force and/or coerce adult female drug addicts into performing commercial sex acts by providing, withholding, or threatening to withhold controlled substances and lodging. Law enforcement’s investigation showed that various women engaged in a “rinse and repeat” cycle where they would be allowed to stay at a drug residence associated with Price, receive a front of drugs so they were not in active drug withdrawal, go to Sullivant Avenue, have sex for money, pay the debt from the front drugs, and then be allowed to remain at the house.

    Price was also found guilty of three counts of sex trafficking related to his violence and coercion towards three adult females.  The testimony at trial indicated that he would lock the females inside his residence for days or weeks at a time and refuse to let them leave, forcing them to engage in sex acts.  One victim was locked in a dog cage, shot and stabbed by Price. Another was restrained.  A third was beaten and choked and left with a black eye. Price would refuse to provide them drugs unless or until they engaged in the sex acts, forcing them into withdrawal if they did not comply.

    U.S. Attorney Kenneth L. Parker commended the investigation coordinated by Ohio Attorney General Dave Yost’s Ohio Organized Crime Investigations Commission task force, which includes Columbus Division of Police Chief Elaine Bryant; Angie M. Salazar, Special Agent in Charge, Homeland Security Investigations (HSI) Detroit; and Andrew Lawton, Acting Special Agent in Charge, U.S. Drug Enforcement Administration (DEA). Other agencies that have assisted the task force with the investigation include the Franklin County Sheriff’s Office, HIDTA Task Force, IRS-Criminal Investigation, FBI, Ohio Bureau of Criminal Investigations (BCI), Ohio National Guard Counter Drug Task Force, Pickerington Police Department, New Albany Police Department, and the Fairfield County Sheriff’s Office SWAT Team.

    Assistant United States Attorneys Timothy Prichard and Emily Czerniejewski are representing the United States in this case.

    This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about OCDETF can be found at https://www.justice.gov/OCDETF.

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    MIL Security OSI

  • MIL-OSI Security: Redmond Man Sentenced to Federal Prison for Identity Theft and Evading Tax Debt Payments

    Source: US FBI

    EUGENE, Ore.—A Redmond, Oregon man was sentenced to federal prison Tuesday for using a stolen identity to open more than 30 bank accounts and credit cards and evading payments on his $1.1 million tax debt.

    Michael David Anastasia, 69, was sentenced to 24 months in federal prison and three years’ supervised release. He was also ordered to pay $777,899 in restitution to his victim. Restitution to the IRS will be determined at a later date.

    According to court documents, from 2002 until January 2020, Anastasia knowingly and intentionally used the social security number of a victim to open numerous bank accounts and credit cards. In addition, between 1991 and 2003, Anastasia received $1.4 million from another victim after convincing them of a fabricated agreement with the United States to secure access to allegedly seized funds. In 2007, Anastasia was convicted of tax evasion for failing to pay federal income taxes on the funds received from the victim.

    In November 2015, following his release from prison, Anastasia entered into an agreement with the IRS whereby he would make payments towards his tax debt if he received more than $4,526 per month. Rather than pay his taxes, Anastasia convinced the victim to send funds over this amount to his roommate. Anastasia instructed his roommate to withdraw the overage in cash, which Anastasia stored in a safe in his residence. Between March 2016 and September 2018, Anastasia evaded paying more than $180,000 to the IRS.

    On February 15, 2024, a federal grand jury in Eugene returned a nine-count superseding indictment charging Anastasia with wire fraud, aggravated identity theft, tax evasion, and making false statements to financial institutions.

    On September 4, 2024, Anastasia pleaded guilty to tax evasion and identity theft.

    This case was investigated by the FBI and IRS. It was prosecuted by Gavin W. Bruce and William M. McLaren, Assistant U.S. Attorneys for the District of Oregon.

    MIL Security OSI

  • MIL-OSI New Zealand: Budget 2025 – Oranga Whenua, Oranga Tangata: Hāpai Te Hauora Responds to Budget 2025

    Source: Hapai Te Hauora

    Hāpai Te Hauora says Budget 2025 is not a Budget for whānau – it is a Budget for landlords, corporates, and cuts.
    Finance Minister Nicola Willis promised no lolly scramble; but somehow, the sweet stuff still landed in boardrooms and business accounts, while the pantry stayed locked for whānau.
    “This Budget is a choice – and that choice is clear,” says Jacqui Harema, CEO of Hāpai Te Hauora. “A choice to gut pay equity. A choice to ask rangatahi to prove their poverty. A choice to back the boardroom while gutting community support.”
    Businesses receive a 20% tax write-off on new assets. Meanwhile, whānau get 25-cent KiwiSaver contributions, tighter benefit rules, and income-tested child payments. “A baby’s best start now depends on a parent’s payslip – that’s not equity,” Harema says.
    The wealthy retain their capital gains. Yet rangatahi on Jobseeker now face new restrictions based on their parents’ income. “We’re means-testing the vulnerable while letting privilege off the hook.”
    Health receives funding, but only just. Emergency departments remain overwhelmed. Nurses are still burning out. And while primary care sees a modest boost, there is no targeted investment in Māori health – and prevention is notably missing.
    “If we want to reduce long-term costs and create better outcomes, we must fund prevention,” says Jason Alexander, COO of Hāpai. “That means backing kaupapa Māori solutions before harm happens – not waiting until our people are in crisis.”
    Education receives $2.5 billion, but $614 million of that comes from scrapped initiatives. Programmes like Kāhui Ako are axed, and school lunches (Ka Ora, Ka Ako) are set to expire in 2026. “You do not build brighter futures by cutting kai from classrooms,” says Harema.
    Tax cuts favour business, while low- to middle-income families receive just $14 more a fortnight under Working for Families tweaks – roughly the cost of a pack of nappies.
    This Budget did not prioritise Māori health, wellbeing, or equity. It disestablished Te Aka Whai Ora, clawed back unspent Māori housing funds, and continued the short-term funding cycle.
    Hāpai Te Hauora’s Budget 2025 Wishlist included:
    • Investment in Māori-led housing
    • Protection of school lunch programmes
    • Long-term contracts for Māori health services
    • Increased income support and kaupapa Māori employment pathways
    • Serious investment in prevention
    What we got instead were cuts, exclusions, and short-term gains.
    “This is not the Budget for tamariki. Not for our mokopuna. Not for our taiao,” Harema says. “Whānau deserve better.” 

    MIL OSI New Zealand News

  • MIL-OSI Security: Anchorage Doctor and Her Husband Charged with Health Care Fraud and Tax Evasion

    Source: US FBI

    The doctor allegedly deceived patients about what substances were injected and the defendants received more than $10M in fraud proceeds and filed false tax returns

    ANCHORAGE, Alaska – A federal grand jury in Alaska returned an indictment last week charging an Anchorage doctor and her husband with health care fraud and tax evasion.

    According to court documents, from 2010 to 2023, Claribel Tan, 60, a practicing rheumatologist, and her husband, Daniel Tan, 69, operated Claribel K. Tan MD LLC (CKTMD), a medical clinic in Anchorage. The indictment alleges that the couple defrauded health care benefit programs by causing the submission of false claims that misrepresented the type and dosage of medication, and the scope of medical services provided to patients. Further, the indictment alleges that both defendants deceived patients regarding the necessity of receiving medication at the clinic and created false medical records. The indictment also alleges that Claribel Tan deceived patients regarding what substances she injected into their bodies. In total, the Tans received over $10 million in fraudulently obtained funds. In a separate civil action, the Justice Department seized roughly $8.5 million of those funds from the defendant’s accounts.

    The indictment also alleges that the Tans evaded income taxes for 2014, 2015 and 2017 by providing false information to their return preparer that overstated CKTMD’s expenses and filing false tax returns that understated their income. The indictment further alleges that Daniel Tan evaded income taxes for 2016 when he provided the Tans’ accountant with false information for that return. The accountant allegedly ceased preparing tax returns for them, and the Tans did not file tax returns for 2016.

    The indictment further alleges that the Tans did not file tax returns for 2018 through 2021, despite being required to by law.

    The defendants are each charged with one count of health care fraud and four counts of willful failure to file a tax return. Daniel Tan is charged with four counts and Claribel Tan is charged with three counts of attempting to evade and defeat tax. The defendants will make their initial court appearance today before U.S. Magistrate Judge Scott A. Oravec of the U.S. District Court for the District of Alaska.

    If convicted, they face a maximum sentence of 10 years in prison for health care fraud, five years for each count of tax evasion and one year for each count of failing to file a tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney S. Lane Tucker for the District of Alaska made the announcement.

    The IRS Criminal Investigation, Defense Criminal Investigative Service, FBI, Defense Contract Audit Agency, Department of Veterans Affairs Office of Inspector General Criminal Investigations Division, Department of Labor Employee Benefits Security Administration, Food and Drug Administration Office of Criminal Investigations and State of Alaska Division of Insurance Investigation Unit are investigating the case.

    Trial Attorney Dominick Giovanniello of the Justice Department’s Tax Division and Assistant U.S. Attorneys Morgan Walker and Seth Beausang for the District of Alaska are prosecuting the case.

    An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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    MIL Security OSI

  • MIL-OSI Security: U.S. Attorney’s Office Announces Additional Charges Against Leader, Member of Alaska Organized Drug Crime Ring

    Source: US FBI

    ANCHORAGE, Alaska – A federal grand jury in Alaska returned a superseding indictment adding new charges against the leader and a high-ranking member of a large-scale organized drug crime ring operating in Alaska.

    In January, the U.S. Attorney’s Office for Alaska announced charges against 53 defendants allegedly connected to the drug trafficking enterprise. Conspiracy to distribute fentanyl, methamphetamine, heroin and cocaine, continuing criminal enterprise, killing in furtherance of a continuing criminal enterprise, kidnapping conspiracy, kidnapping resulting in death and carjacking resulting in death, were among the original charges against leaders, members and associates of the organization.

    According to court documents, Heraclio Sanchez-Rodriguez, 57, is allegedly the leader of the transnational organized crime and drug trafficking ring targeting Alaska. Tamara Bren, 41, is a high-ranking member known as one of his “wives.” Per the new charges, from August 2022 to September 2023, Bren and Sanchez-Rodriguez allegedly conspired to launder money by directing members of the enterprise to use money transferring services, like wire transfers, mobile applications and money orders, to attempt to launder over $1.3 million in drug proceeds.

    Court documents also charge Sanchez-Rodriguez with allegedly altering and falsifying investigative reports by the DEA, FBI, and U.S. Postal Inspection Service, to impede, obstruct and influence the investigation on Dec. 20, 2023.

    According to the superseding indictment, law enforcement has seized over 92 kilograms of fentanyl, 26 kilograms of meth, 11 kilograms of heroin and 110 grams of cocaine in connection to this enterprise.

    In addition to the original charges, Sanchez-Rodriguez and Bren are charged with one count of money laundering conspiracy in violation of 18 U.S.C. §1956(h), and Sanchez-Rodriguez is charged with one count of obstruction of justice in violation of 18 U.S.C. §1519.

    U.S. Attorney S. Lane Tucker of the District of Alaska, Assistant Special Agent in Charge David Zahn of the Drug Enforcement Administration Anchorage District Office, Inspector in Charge Anthony Galetti of the U.S. Postal Inspection Service Seattle Division, Special Agent in Charge Rebecca Day of the FBI Anchorage Field Office and Special Agent in Charge Adam Jobes of the IRS Criminal Investigation Seattle Field Office made the announcement.

    The Drug Enforcement Administration Seattle Division Office and Anchorage District Office, FBI Anchorage Field Office, IRS Criminal Investigation Seattle Field Office, U.S. Postal Inspection Service Seattle Division and Anchorage Domicile, Homeland Security Investigations Anchorage, Alaska Office, Alaska State Troopers, Anchorage Police Department and Palmer Police Department, with significant law enforcement support from the U.S. Marshals Service, are investigating the case.

    Assistant U.S. Attorneys Stephan Collins, Christopher Schroeder, Karen Vandergaw and Alana Weber are prosecuting the case.

    This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

    An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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    MIL Security OSI

  • MIL-OSI Security: Grand Jury Indicts Local Doctor on False Statements, Writings Charges Related to 1989 Rape

    Source: US FBI

    Court documents detail 2 additional alleged victims; law enforcement continues to seek information in Ohio, Colorado & Kansas

    DAYTON, Ohio – A federal grand jury returned a six-count indictment today against a Sycamore Township man whose DNA implicated him in a 1989 rape.

    Frederick Louis Tanzer, 66, is charged with four counts of making false statements to an agency or officer of the United States and two counts of making or using a false document or writing. Each count is punishable by up to five years in prison. These federal crimes are prosecutable even if an underlying offense has passed the statute of limitations.

    Tanzer has been in custody since his arrest on Dec. 11 and will remain in custody pending trial.

    According to court documents, Tanzer’s DNA was confirmed by a forensic laboratory as a match to the DNA the rapist had left at the 1989 crime scene, where the victim was violently raped over the course of five and a half hours in her condominium on Creighton Place in Cincinnati after arriving home from work.

    It is alleged that Tanzer made several materially false statements to federal investigators when approached about the rape last week, including denying having seen or interacted with the victim on the date she was raped.

    Tanzer is a medical doctor who has lived and practiced medicine in Ohio, Kansas and Colorado.

    According to a recent filing relating to detention, during a search warrant executed on Dec. 11 at Tanzer’s home, investigators located restraints, a gag, a black hat and zip ties together in Tanzer’s dresser.

    The same filing also detailed that two additional victims have been identified who were repeatedly drugged and raped by Tanzer, including as recently as two and a half years ago in Kansas. The document includes information about Tanzer drugging the women in order to have sex with them without their consent and about Tanzer using a burner phone to engage with sex workers when he traveled for work for weeks or months at a time.

    Federal law enforcement officials ask the public to consider the circumstances of the rapes, and the locations where Tanzer has lived, and to contact the FBI with any similar information at 1-800-CALL-FBI.

    Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Division; and Cincinnati Police Chief Teresa A. Theetge announced the arrest. The IRS-Criminal Investigation Cincinnati Field Office assisted in the investigation. Assistant United States Attorneys Kelly K. Rossi and Julie D. Garcia are representing the United States in this case.

    An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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    MIL Security OSI

  • MIL-OSI Security: Law Enforcement Seeks Information Related to 1989 Rape

    Source: US FBI

    DAYTON, Ohio – A Sycamore Township man was arrested by federal agents today and charged with making false statements related to a 1989 rape. Officials ask anyone with information regarding this or any other similar rape to contact the FBI at 1-800-CALL-FBI.

    It is alleged that Frederick Louis Tanzer, 66, knowingly made a false statement to FBI agents. His home on Kenwood Road and vehicles were searched today, and Tanzer appeared in federal court in Dayton following his arrest.

    According to an affidavit filed in support of the criminal complaint, Tanzer was recently identified as the prime suspect in the cold-case rape. In recent months, agents collected DNA evidence from a Starbucks cup that Tanzer discarded at a local BMV. The DNA extracted from Tanzer’s coffee cup was confirmed by a forensic laboratory as a match to the DNA the rapist had left at the 1989 crime scene.

    It is alleged that Tanzer made several materially false statements to federal investigators when approached today, including denying having seen or interacted with the victim on the date she was raped.

    Tanzer is a medical doctor who has lived and practiced medicine in Ohio, Kansas and Colorado.

    The affidavit details that on Aug. 1, 1989, the victim was violently raped in her condominium on Creighton Place in Cincinnati after arriving home from work.

    Federal law enforcement officials ask the public to consider these circumstances of the rape and to contact the FBI with any similar information:

    • When the victim arrived home, she noticed an odor that smelled to her like brewed tea or burnt marijuana.
    • The rapist was dressed from head to toe in black Lycra, including black gloves and a face mask. He had a black gym bag with him.
    • The assailant held a knife to the victim’s throat.
    • The rapist used white surgical tape from the gym bag to wrap around the victim’s eyes and head. He used stockings and panty hose from the victim’s dresser to bind her hands and feet to the headboard and footboard of her bed.
    • The rapist cut or tore the victim’s clothing and used Vaseline.
    • The rapist assaulted the victim vaginally, orally and anally. In between bouts of sexual conduct, the assailant used a cloth to wipe the victim’s mouth and genital areas.
    • The rapist said nothing during the entire encounter. He occasionally took breaks from sexually assaulting the victim while the victim remained tied to her bed.
    • The rapist listened to and erased answering machine messages. He looked through papers in the victim’s living room and rummaged through her purse. He unplugged and/or disconnected telephones.
    • On the handset of the telephone in the bedroom, the rapist taped a piece of newspaper that had been cut from the paper on the couch in the victim’s living room and wrote, “No police or I’ll be back Mis [sic] [name of victim’s employer]”
    • The victim described the rapist as white, with dark brown hair, approximately six feet tall with a thin or athletic build.
    • The assault took place over the course of more than five and a half hours.

    Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Division; and Cincinnati Police Chief Teresa A. Theetge announced the arrest. The IRS-Criminal Investigation Cincinnati Field Office assisted in the investigation. Assistant United States Attorneys Kelly K. Rossi and Julie D. Garcia are representing the United States in this case.

    A criminal complaint merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

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    MIL Security OSI