Sydney couple plead guilty to $1.5m NDIS fraud that funded 'lavish lifestyle'
The pair rorted the National Disability Insurance Scheme by claiming fraudulent payments from people on disability plans or those managing them.
S. Avi-Yonah (Michigan), Why Study Tax History? (reviewing Studies in the History of Tax Law, Vol. 9 (Peter Harris (Cambridge) & Dominic de Cogan (Cambridge) eds. 2019))
DOJ Tax Announces Convictions in Massive Biodiesel Tax Fraud
This DOJ Tax announcement is noteworthy even though it does not involve one of the Title 26 crimes or a conspiracy to commit a Title 26 offense or an offense conspiracy to defraud the IRS: Jury Finds Los Angeles Businessman Guilty in $1 Billion Biodiesel Tax Fraud Scheme: Four Members of Kingston Family, including the CEO and CFO of Washakie Renewable Energy, Previously Pleaded Guilty(3/16/20), here.
Swiss Bank Account Records as Business Records for Hearsay Exception
In a designated order, Tax Court Judge Lauber rejected taxpayer objections to the introduction of records obtained by the IRS pursuant to the DOJ and Swiss government agreement to provide information from Swiss banks concerning "accounts of interest.” Harrington v. Commissioner (Designated Order 2/7/20), here. This seems to be a resolution of a hearsay objection by applying the exception for business records.
Stop the Coronavirus Corporate Coup Matt Stoller
Trump: ‘I don’t know’ if my businesses will receive coronavirus assistance CNBC. Words fail me.
Kristin E. Hickman (Minnesota), Justice Gorsuch and Waiving Chevron:
The Supreme Court has denied certiorari in Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, also known as the bumpstocks case. The D.C. Circuit relied on Chevron deference in upholding the regulations banning bumpstocks. In a statement respecting the denial of certiorari, Justice Gorsuch objected to the D.C. Circuit’s reliance on Chevron deference.
One of Justice Gorsuch’s reasons for objecting to Chevron deference in Guedes is well known toChevron observers. Specifically, the interpretation of the relevant statute contained in the regulation could lead to criminal penalties in the future. I wrote about this concern many years ago. Since then, Judge Jeffrey Sutton of the Sixth Circuit has written eloquently about this issue, first in Carter v. Welles-Bowen Realty, and subsequently in Esquivel-Quintana v. Lynch, arguing that the rule of lenity should take precedence over Chevron deference. The Supreme Court dodged that issue in Esquivel-Quintana by concluding that the statute in that case was otherwise clear. Oddly, although Justice Gorsuch in his Guedes statement cited Judge Sutton’s opinion inEsquivel-Quintana, Justice Gorsuch did not mention the rule of lenity by name. The Supreme Court’s statements regarding Chevron, civil cases, and the rule of lenity have been mixed over the years. In 2014, in a statement regarding the Supreme Court’s denial of certiorari in Whitman v. United States, Justice Scalia called upon the Court in future to consider whether courts “owe deference to an executive agency’s interpretation of a law that contemplates both criminal and administrative enforcement,” also citing Judge Sutton. Although Esquivel-Quintana did not yield such consideration, perhaps Justice Gorsuch’s statement in Guedes will prompt litigants to try again regarding the relationship between Chevron and lenity. ...
Minister backflips on MyGov cyber attack claims, as long queues form outside Centrelink offices
The Federal Government now says a cyber attack was not to blame for the MyGov website falling over this morning as thousands of Australians tried to access Centrelink payments amid the coronavirus pandemic.
Pete Recommends Weekly highlights on cyber security issues March 22, 2020 – Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weisshighlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness. Four highlights from this week: Critics see Trump health data rules as boon for big tech; Scammers use robocalls to falsely offer free coronavirus test kits and low-priced health insurance; Letter Carriers Say the Postal Service Pressured Them to Deliver Mail Despite Coronavirus Symptoms; The Coronavirus Crisis Is Showing Us How to Live Online; and How coronavirus COVID-19 is accelerating the future of work.
