A Huntington Beach man pleaded guilty yesterday to filing a
false tax return that failed to report millions of dollars in foreign bank
accounts and the resulting income, announced Principal Deputy Assistant
Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Elie Waknine, of Huntington
Beach, California, held millions of dollars in an offshore account in Israel at
Bank Leumi Le-Israel B.M. from approximately 1994 to 2011. Despite having this account, Waknine filed a
tax return for 2007 that falsely claimed he did not have financial interest in
or signature authority over any foreign financial accounts. In an effort to further hide his money,
Waknine instructed Bank Leumi to hold bank mail from delivery to the United
States, and obtained access to his offshore funds through the use of
“back-to-back” loans, which were designed to enable borrowers to tap their
concealed accounts. These lending
arrangements permitted Waknine to have funds issued by Leumi’s U.S. branch that
were secretly secured by funds in his undeclared accounts in Israel. In 2011, Waknine closed his Bank Leumi Israel
account, but used the $2.4 million he received from closing the account to open
a new undisclosed foreign bank account at another bank in Israel. Over the period 1994-2015, Waknine held
undisclosed foreign bank accounts in four banks in three countries, each with
assets of at least $1 million.
In December 2014, Bank Leumi entered into a deferred
prosecution agreement, in which the bank admitted to conspiring from at least
2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present
false tax returns by hiding income and assets in offshore bank accounts in
Israel and other foreign locations.
Under the terms of the deferred prosecution agreement, Bank Leumi paid
the United States a total of $270 million and continues to cooperate with
respect to civil and criminal tax investigations.
U.S. citizens, resident aliens, and permanent legal
residents with a foreign financial interest in or signatory authority over a
foreign financial account worth more than $10,000 are required to file an FBAR
each year disclosing the account, and are required to report the account and
any resulting income on their annual tax returns.
Waknine faces a maximum sentence of three years in prison,
as well as a period of supervised release, restitution and monetary penalties.
District Court Judge David O. Carter set Waknine’s sentencing for January 28,
2019.
Principal Deputy Assistant Attorney General Zuckerman
commended special agents from IRS-Criminal Investigation, who investigated the
case, and Tax Division Assistant Chief Elizabeth Hadden and Trial Attorney Eric
Schmale, who are prosecuting the case.
The Tax Division thanks the U.S. Attorney’s Office of the Central
District of California for its assistance.
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