Just announced: the UK's most famous libel firm, Carter-Ruck, is being prosecuted before the Solicitors Disciplinary Tribunal for recklessly enabling a $4bn fraud
It's astonishing how reckless Carter-Ruck was - likely causing $$$ more to be lost to fraudsters
We then conducted a detailed investigation and legal analysis of what Carter-Ruck did, and what they should have known at the time. I'll summarise in this thread, but way more detail here: taxpolicy.org.uk/2023/12/18/car…
OneCoin was founded in 2014. It presented itself as a cryptocurrency, better than BitCoin, “mined” by computers, held on a blockchain, and traded on an exchange. OneChain was aggressively marketed online and offline.
Everything was a lie – OneCoin was one of the biggest scams in history. There was no “mining”. There was no blockchain. The “exchange” presented fake prices, designed to make investors think the price of OneCoin was rising. thetimes.com/uk/law/article…
OneCoin failed spectacularly in 2017, and its executives are all now either in jail or in hiding. Around $4bn was stolen from millions of investors, across 125 countries. Its founder, Ruja Ignatova, is one of the FBI’s ten most wanted fugitives.
Carter-Ruck started acting for OneCoin in 2016. At that point there was a *pile* of evidence OneCoin was a fraud:
@Cointelegraph is a website publishing news on the cryptocurrency industry. Its Twitter account has 2.8 million followers.
In May 2015 it published an article accusing OneCoin of being a fraud...
@Cointelegraph On 8 July 2016, Coin Telegraph received a letter from Carter-Ruck:
@Cointelegraph The letter is scandalous. Here's their denial that OneCoin is a Ponzi scheme, which anyone with even the slightest understanding would realise amounts to an admission OneCoin *is* a Ponzi scheme:
@Cointelegraph Here's Coin Telegraph's claim that Sebastian Greenwood and Nigel Allan had previous involvement in scams. And here's Carter-Ruck's response.
@Cointelegraph This is a very peculiar paragraph. Coin Telegraph didn’t say they were “directors”. It said they were “working in various capacities” and that Allan was the “ex-president” of OneCoin. A Google search in 2016 would have immediately revealed that these statements were true.
@Cointelegraph The paragraph was false and misleading. Beyond reckless for a lawyer to write it.
@Cointelegraph And Carter-Ruck then abused GDPR to try to silence Coin Telegraph:
There's a journalism exception from GDPR. This was a meritless threat. A disgrace.
@Cointelegraph It then gets worse. A woman called Jen McAdam had invested in OneCoin but became convinced it was a Ponzi scheme in part based upon accusations made by Bjørn Bjercke, a Norwegian cryptocurrency expert. She discussed them in this webinar:
@Cointelegraph Mr Bjercke had established that OneCoin transactions did not actually appear on what OneCoin claimed was their blockchain. It was a fraud.
And that claim triggered another threat from Carter-Ruck:
@Cointelegraph The letter fails to engage with, or even mention, Mr Bjercke’s evidence that the OneCoin blockchain was faked. It's just pure intimidation. Again, a disgrace.
(Technically: the letter fails to comply with the pre-action protocol for defamation)
@Cointelegraph There's more. The attempt in Norway to bring a claim against Mr Bjercke. The intimidation of the FCA, resulting in the FCA withdrawing its warning notice. The mounting evidence of fraud, which Carter-Ruck ignored.
@Cointelegraph Carter-Ruck continued to act until right before OneCoin failed. Their efforts to protect OneCoin's reputation were highly successful. Articles weren't published. The FCA warning notice was removed.
And this likely resulted in millions more being lost to the fraud.
@Cointelegraph The SRA decided last month to prosecute the Carter-Ruck partner responsible, Claire Gill. Carter-Ruck tried to prevent this becoming public, but the SRA - to its credit - persisted. sra.org.uk/consumers/soli…
This is, of course, all completely barking. It's from Iain Clifford Stamp, a "sovereign citizen" scammer who was sentenced to twelve months imprisonment last month, for completely ignoring court orders. .judiciary.uk/judgments/comm…
In 2017, a new corporate criminal offence was created: failure to prevent tax evasion. It was meant to change everything.
Since then? Zero prosecutions.
Until now...
HMRC is prosecuting an accounting firm, Bennett Verby Ltd, for failure to prevent facilitation of UK tax evasion, contrary to section 45 of the Criminal Finances Act (2017).
It's connected with alleged Research and Development repayment fraud. Six individuals are also being prosecuted.
All due to appear at Manchester Crown Court (Crown Square) on August 7.
In 2022, Nadhim Zahawi’s solicitor sent me a libel threat - and said I wasn’t even allowed to say he’d written to me.
The Solicitors Disciplinary Tribunal ruled that was improper.
Now he’s appealing.
A 🧵 on why it matters.
In July 2022, I wrote that I thought Nadhim Zahawi had lied about his taxes. I was right. Nadhim Zahawi lied repeatedly about his tax affairs...
... and continued to do so until it became public that - at the same time he was saying he'd always paid taxes in full - he was negotiating a £5m settlement with HMRC, including back-taxes plus penalties.
No, charging VAT on private healthcare is not a re-run of the VAT/education debate.
It wouldn't just impact 5% of the population - everyone who sees a private dentist/optician would pay more.
And it wouldn't raise £2bn. Plausibly it would lose money.
Thread
I'm going to ignore the political question of whether we *should* be thinking about scrapping the VAT healthcare exemption. I'll just focus on whether it works on its own terms.
Lord Kinnock's £2bn HMRC figure seems to come from the HMRC "estimated cost of structural tax reliefs" table
No: the government hasn’t raided the National Insurance Fund.
No: the surplus can’t be used for anything you like, without loading our children with debt/taxes.
Here’s why. 🧵
First, that "surplus" is there for a reason: as a buffer to cover pensions/social security for an aging population. The Government Actuary estimates that the fund will be exhausted by 2043/44
Take money out of the fund now, and we hit a fiscal crisis in 20 years' time
Second, governments have not "raided it to fund NIC cuts for the rich". There have been no NIC cuts for the rich in my lifetime.
We reported two years ago on an outrageous "tax avoidance" scheme (which we thought was fraud) which split one business into 10,000 companies, each claiming small business tax reliefs, and hiring Filipino directors off Facebook to prevent HMRC investigating.
What's worse, the scheme was enabled by an opinion from Giles Goodfellow KC. He should have known the scheme was fraudulent. He certainly shouldn't have said the scheme worked as a matter of law
HMRC has been attacking these structures. In a v similar case last year, a tribunal ruled that the thousands of artificial companies couldn't claim small business reliefs, but (for technical reasons) prevented HMRC from deregistering the companies from VAT.