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Sentencing - Does This Make Sense?


Lonan3

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I read this story in today's Times - http://www.timesonline.co.uk/article/0,,2-1900403,00.html

 

Summary:

 

IAN LEAF did not want much. Just the multimillion-pound mansion on the shores of Lake Geneva, the helicopter to ferry his four children to school, the fleet of cars and the ski chalet.

He achieved all that but not through honest work. Leaf, 52, made it into the ranks of the very rich by conning the British taxman out of £55 million, almost half of which has never been traced.

Yesterday a judge at Southwark Crown Court sentenced him to 12½ years on 13 charges of fraudulent trading between 1991 and 1996.

He could receive a further jail sentence if he does not pay back the money made by fraudulent means.

 

THE RECIPE FOR MASSIVE FRAUD

Leaf bought companies that owed millions in tax and were able to pay it

He wrote off the tax debt against fictional losses at other companies, and created documents showing they owed millions to a fictional bank registered in Nauru — controlled by him

He set off the resulting interest against the tax that he claimed

He claimed back tax paid by previous owners as dividends to himself

Many companies he bought were subsidiaries of public companies that sought him out.

 

Okay, it is a serious offence - but then compare it with the information on http://www.parliament.the-stationery-offic...xt/50315w14.htm

 

The average custodial sentence for rape is just over 7 years; robbery just over 3 years; sexual assault a little over 2 years; GBH just short of 3 years. This guy got over 12 - and possibly more! Does that really make sense?

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I'm surprised at you Lonan - making such chalk and cheese comparisons.

 

This was an extreme case of fraud and if you really want to make such comparisons then it would be along the lines of a serial rapist targeting random victims who would probably get several life sentences.

 

As I've said before, every case has to be judged on its merits.

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I completely agree Lonan3, far too steep a sentence.

 

I've always thought so, whenever white collar crime like this rears its head, the perpetrators seem to have the whole library thrown at them, in comparison to violent cases involving people you really don't want on the street.

 

Suppose it's more of a deterrant to others than anything, but way OTT imo.

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Perhaps, but I defy anyone not to have a sneaking regard for someone who can defraud the taxman like that!

 

Yes it's corruption and corruption is bad but nowhere near as bad as violent sexual assault, etc. So, after costing the tax payer huge amounts of money we're going to spend yet more money incarcerating him. He'll surely have access to most of the money when he's released anyway if he was clever enough to hide it away.

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Make him work for the tax department, if he has been able to breach the rules for such a long time and so successfully then perhaps he will have some good suggestions to stop other tax dodgers...

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