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Tuesday 28 August 2012

Amber Gold affair is one of the biggest financial scandals to hit Poland since the fall of communism in 1989.

It was pretty much all the money Bozena Oracz had after a working life as an accountant: the equivalent of $15,000. She placed it in a fund investing in gold, with the hope of paying for her daughter's studies and getting treatment for a bad knee.

Those dreams were dashed when she discovered she had fallen victim to an elaborate fraud scheme that has left thousands of Poles, many of them elderly, facing financial ruin.

The so-called Amber Gold affair is one of the biggest financial scandals to hit Poland since the fall of communism in 1989. The extent of wrongdoing is still murky, but it seems to have some elements of a pyramid scheme, meaning the financial institutionused funds from new clients to pay off older clients rather than investing them.

Consumed with anger and desperation, 58-year-old Oracz traveled last week from a small town near Warsaw to a law firm in the capital to consider whether, after losing 50,000 zlotys, she should risk another 3,000 zlotys ($920; €730) on the fee to join a class-action lawsuit seeking to recover some of the losses.

"This was a lot of money to me — it was my savings," Oracz said, fighting back tears. Now retired and living on a small pension, she sees no way of building another nest egg. "My pension barely covers my needs," she said.

The affair has raised questions about the effectiveness of Poland's justice system and government because authorities failed to act against the scheme despite red flags from regulators and the criminal record of its young owner. Scrutiny has also focused on the prime minister due to business dealings his son had with those running the scheme. The scandal has even touched democracy icon Lech Walesa, who fears it could tarnish his good name.

Prosecutors say investors lost about 163 million zlotys ($50 million; €40 million), a number that has been mounting as more and more victims come forward. Any law suits could take care years to go through the courts, with no guarantee of their outcome.

"People are desperate," said Pawel Borowski, a lawyer preparing the class-action suit that Oracz is considering joining. "In most cases the clients lost life savings or sold family properties to make investments."

The financial institution, Amber Gold, promised guaranteed returns of 10 to 14 percent a year for what it claimed were investments in gold. Many of its clients were older Poles who grew up under communism and lacked the savvy to question how a financial firm could guarantee such a high return on a commodity whose value fluctuates on the international market. The promised returns compared well to the 3 to 5 percent interest offered by banks on savings accounts — earnings essentially wiped out by the country's 4 percent inflation rate.

"These were people with a low level of financial education," said Piotr Bujak, the chief economist for Poland at Nordea Markets. "They think it's still like in the old times, where everything was guaranteed by the state. They underestimated the risk."

Amber Gold launched in 2009, opening branches in city centers alongside respected banks, with white leather sofas and other sleek touches that conveyed sophistication and respectability. It bombarded Poles with convincing advertisements. Some early investors got out with their expected gains, adding to the fund's credibility.

The company, based in Gdansk, capitalized on gold's allure while playing on people's anxieties in unpredictable financial times. "We are dealing with a loss of confidence in the entire financial system and an urgent need for safe investments," one ad said. "The environment for gold is perfect."

Amber Gold drew in 50,000 investors over its three years of operation, though the company's founder, Marcin Plichta, said there were only about 7,000 at the time of liquidation.

Soon after Amber Gold began operations, the Polish Financial Supervision Authority put it on a "black list" of institutions that operate like banks without authorization. There are 17 other such black-listed institutions in operation, but the regulators lack the authority to shut them down. This has sparked a debate in the government and news media about whether courts should be more aggressive in intervening.

According to prosecutors, the company did use some of its money to invest in at least one legitimate business: It was the main investor in budget airline OLT Express. It was this investment that brought Amber Gold down — when the airline filed for bankruptcy, Amber Gold entered liquidation and its scheme of investments unraveled. Its bank accounts were blocked and it was unable to return the money of thousands of its customers.

Plichta was charged this month with six counts of criminal misconduct.

Prime Minister Donald Tusk's center-right government went into damage-control mode when it emerged that the leader's son, Michal Tusk, had done PR work for the airline. Tusk said he had warned his son against doing business with Plichta but that ultimately he son makes his own decisions.

Leszek Miller, the head of the opposition Democratic Left Alliance, asked how Tusk could warn his son against involvement in the airline but not warn the thousands of Poles who invested in the fund. Miller has called for a parliamentary inquiry into the scandal.

Public discontent is also centering on the justice system because Plichta, 28, has past convictions for fraud, and many Poles are asking why authorities — aware of his criminal record — didn't stop him sooner. Born Marcin Stefanski, he took his wife's last name to distance himself from his past crimes.

The country's top prosecutor, Andrzej Seremet, admitted Monday that prosecutors were negligent in failing to heed multiple warnings since 2009 about Amber Gold from the financial supervisory body. He announced personnel changes in the office he blamed for mistakes.

The affair also has an unlikely connection to the Solidarity leader and former president, Lech Walesa, because an Oscar-winning director, Andrzej Wajda, was relying on money from Amber Gold to produce a film about Walesa's struggle in the 1980s.

Walesa came out publicly to make clear he is not involved in any way, saying he doesn't want his name "dirtied."

Many of the unlucky investors are not only furious but wracked by shame and guilt.

Engineer Andrzej Malinowski, 61, put three months of salary — 25,000 zlotys ($7,660; €6,100) — into Amber Gold. He made the investment without consulting with his wife, sensing that there was some risk and that she would not have agreed.

Now he is so shaken and embarrassed that he doesn't want to talk about it, leaving his wife, Danuta Malinowska, to help unravel the mess.

"He saw that gold was going higher and higher so he believed that maybe it would be a good deal," Malinowska said. "Now he has so much guilt that I am trying to help — contacting the lawyer, filling in the forms, writing to the prosecutors. But the justice system is very ineffective. I don't believe we will be getting any of this money back."

Monday 20 August 2012

Former fugitive tycoon Asil Nadir has been found guilty of three counts of theft by an Old Bailey jury, which is still considering a further nine counts.


Asil NadirAsil Nadir faced 13 counts of theft over the collapse of his Polly Peck business empire (Picture: AP)

The 71-year-old, from Mayfair, is accused of looting his Polly Peck business empire of £34million between 1987 and 1990.

Nadir, who was cleared of one count of theft by the jury of three women and seven men, fled Britain in 1993 but returned in 2010.

Mr Justice Holroyde has told the jury at the Old Bailey that he will accept verdicts of nine to one on the remaining nine charges.

The jury has been considering its verdicts for seven days after a seven-month trial in which two jurors were discharged for health reasons.

Nadir, who originally fled to his native northern Cyprus, denied all 13 charges and claimed he was unfairly treated by the Serious Fraud Office.

He looked shocked as the verdicts were announced, while his wife Nur, 28, looked on from the side of the dock.

Polly Peck, a conglomerate dealing in fruit, leisure, textiles and electronics, was one of the success stories of the 1980s but collapsed in 1990 with debts of around £550m.



Thursday 16 August 2012

A most-wanted list of 20 alleged tax-dodgers accused of fleeing the UK while owing the Treasury millions has been issued in an appeal for help to track them down.

 

Names and pictures of the fugitives have been published by Her Majesty's Revenue and Customs (HMRC) for the first time. They include Hussain Chohan, 44, believed to be in Dubai, who was convicted at Birmingham crown court for his role in a £200m fraud, part of which involved importing 2.25 tonnes of tobacco worth £750,000 in duty. Chohan was given 11 years for smuggling and fraud offences and for failing to appear in court. He is also subject to a £33m confiscation order.

Wayne Joseph Hardy, 49, believed to be in South Africa, was convicted at Ipswich crown court for costing the taxpayer an estimated £1.9m by manufacturing tobacco products and not paying duty. He was given a three-year sentence in October 2011.

Nasser Ahmed, 40, was sentenced to six years at Bristol crown court in 2005 for his part in VAT fraud worth £156m, but fled before verdicts were given and is thought to be in Pakistan or Dubai. He was convicted and sentenced in his absence.

Gordon Arthur, 60, believed to be in the US, is suspected of illegally importing cigarettes and alcohol and failing to pay about £15m in duty. He fled in 2000 and a warrant was issued for his arrest at Maidstone crown court in 2002.

Zafar Baidar Chisthi, 33, now believed to be in Pakistan, is wanted over another VAT fraud worth £150m. He fled while on bail and was jailed for 11 years in his absence at Kingston crown court for conspiracy to defraud the public purse.

The three are among 20 people whose pictures and details will be posted at 9am on Thursday on HMRC's Flickr page.

Treasury minister David Gauke said: "These criminals have collectively cost the taxpayer over £765m and HMRC will pursue them relentlessly. We hope that publishing their pictures in this way will enable members of the public to contribute to the effort to catch them."

The top 20 most-wanted tax fugitives

• Hussain Asad Chohan, 44, believed to be in Dubai. He was convicted at Birmingham crown court in his absence and sentenced to 11 years for his part in fraud worth about £200m, which included importing 2.25 tonnes of tobacco worth £750,000 in duty. Chohan has also been served with a £33m confiscation order.

• Nasser Ahmed, 40, believed to be in Pakistan or Dubai, was convicted at Bristol crown court in 2005 for his role in VAT fraud worth £156m. He fled before verdicts were given, and was convicted and sentenced to six years in prison in his absence.

• Zafar Baidar Chisthi, 33, thought to be in Pakistan, was found guilty at Kingston crown court for his part in VAT fraud worth about £150m. He was sentenced to 11 years for conspiracy to defraud the public purse and one year for perverting the course of justice.

• Darsim Abdullah, 42, believed to be in Iraq, was convicted at Guildford crown court for being part of a money laundering gang that processed £1m-£4m per month. Eleven other members of the gang were convicted or pleaded guilty, but he ran away before sentencing.

• Leigang Liang, 38, believed to be in the UK, was convicted at Lewes crown court for illegally importing tobacco from China. He was sentenced in his absence to seven years. The estimated cost to the taxpayer of the scam was £2.6m.

• Olutayo Owolabi, 40, believed to be in the UK, was convicted in January 2010 for 27 charges linked to tax credits and money-laundering and sentenced in his absence to nine months in jail. The estimated cost to the taxpayer was £1m.

• Wayne Joseph Hardy, 49, now believed to be in South Africa, was convicted at Ipswich crown court for manufacturing tobacco products and not paying duty. He was given three-year sentence in October 2011. The estimated cost to the taxpayer was £1.9m.

• Adam Umerji, aka Shafiq Patel, 34, thought to be in Dubai, was jailed at Liverpool crown court for 12 years for VAT fraud and money-laundering. The cost to the taxpayer was £64m.

• Gordon Arthur, 60, believed to be in the US, suspected of illegally importing cigarettes and alcohol and failing to pay £15m in duty. He fled in 2000 and a warrant was issued for his arrest at Maidstone crown court in 2002.

• Emma Elizabeth Tazey, 38, also believed to be in the US, is wanted in connection with the same allegations.

• John Nugent, 53, thought to be in the US, was accused of putting in fraudulent claims for duty and VAT worth more than £22m. A warrant for his arrest was issued at Manchester crown court.

• Malcolm McGregor McGowan, 60, believed to be in Spain, was found guilty at Sheffield crown court in December 2011 of illegally importing cigarettes worth £16m into the UK, and was sentenced to four years.

• Timur Mehmet, 39, believed to be in Cyprus, is wanted over a £25m VAT fraud. He was found guilty in absence and sentenced to eight years at Northampton crown court.

• Vladimir Jeriomin, 34, thought to be in Russia or Lithuania, was part of a gang that made false claims for tax repayments. The estimated cost to the taxpayer was £4.8m. A warrant was issued for his arrest at Liverpool crown court.

• Cesare Selvini, 52, thought to be in Switzerland, is wanted for smuggling platinum bars worth about £600,000. A warrant was issued for his arrest at Dover magistrates court in 2005.

• Dimitri Gaskov, 27, thought to be in Estonia, allegedly smuggled 3mcigarettes into the UK using desktop computers. He fled before trial and an arrest warrant was issued at Ipswich crown court.

• Mohamed Sami Kaak, 45, thought to be in Tunisia, is wanted for smuggling millions of cigarettes into the UK between March 2005 and September 2006 and evading £822,000 in duty. He was convicted in his absence at Isleworth crown court and jailed for four years.

• Rory Martin McGann, 43, believed to be in Northern Ireland or the Republic of Ireland, is wanted for alleged VAT fraud worth more than £902,000. He was arrested in November 2008 but later fled.

• Yehuda Cohen, 35, thought to be in Israel, is wanted over VAT fraud worth about £800,000. He was arrested at Heathrow airport in March 2011 but later fled while on bail.

• Sahil Jain, 30, believed to be in the UK, was arrested over alleged VAT fraud worth £328,000 but failed to appear at the Old Bailey and a warrant was issued for his arrest on 8 June.

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