|
|
|
Apple wins big EU court case over $15 billion in taxes
Court Updates |
2020/07/15 08:42
|
A European Union court on Wednesday delivered a hammer blow to the bloc’s attempts to rein in multinationals’ ability to strike special tax deals with individual EU countries when it ruled that Apple does not have to pay 13 billion euros ($15 billion) in back taxes to Ireland.
The EU Commission had claimed in 2016 that Apple had struck an illegal tax deal with Irish authorities that allowed it to pay extremely low rates. But the EU’s General Court said Wednesday that ”the Commission did not succeed in showing to the requisite legal standard that there was an advantage.”
“The Commission was wrong to declare” that Apple “had been granted a selective economic advantage and, by extension, state aid,” said the Luxembourg-based court, which is the second-highest in the EU.
The EU Commission had ordered Apple to pay for gross underpayment of tax on profits across the European bloc from 2003 to 2014. The commission said Apple used two shell companies in Ireland to report its Europe-wide profits at effective rates well under 1%.
In many cases, multinationals can pay taxes on the bulk of their revenue across the EU’s 27 countries in the one EU country where they have their regional headquarters. For Apple and many other big tech companies, that is Ireland. For small EU countries like Ireland, that helps attract international business and even a small amount of tax revenue is helpful for them. The net result, however, is that the companies often end up paying very low tax.
The ruling can only be appealed on points of law and the Commission Vice President Margrethe Vestager said she will “reflect on possible next steps.”
The Irish government welcomed the ruling, saying “there was no special treatment provided” to the U.S. company. Apple likewise said it was pleased by the decision, arguing that the case is not about how much tax it pays, but in what country. Apple CEO Tim Cook had earlier called the EU demand for back taxes “total political crap.”
The ruling is an especially stinging defeat for Vestager, who has campaigned for years to root out special tax deals and better regulate the power of the big U.S. tech companies, including Google, Amazon and Facebook. Trump has referred to her as the “tax lady” who “really hates the U.S.”
Despite the setback, she vowed to carry on the fight. “The Commission will continue to look at aggressive tax planning measures under EU state aid rules to assess whether they result in illegal state aid,” she said. |
|
|
|
|
|
|
New Orleans councilman, attorney plead not guilty to fraud
Legal Information |
2020/07/14 08:41
|
New Orleans City Council President Jason Williams and an attorney in his law firm pleaded not guilty to federal tax fraud charges on Friday.
Williams, 47, and Nicole Burdett, 39, appeared remotely before a federal magistrate judge and entered their pleas to charges of conspiracy, preparing false or fraudulent tax returns and failing to file tax forms related to cash received, news outlets reported.
The two were charged in an 11-count indictment last month following a yearslong investigation led by the Internal Revenue Service and the FBI.
Williams, a criminal defense lawyer, was accused of inflating his business expenses from 2013 to 2017 in order to reduce his tax liability by more than $200,000, according to the U.S. Attorney’s Office for the Western District of Louisiana. The indictment also alleged Williams and Burdett, an attorney in Williams’ law office who also handled administrative duties, failed to file the proper reports on cash payments from clients totaling $66,516.
Williams’ attorney, Billy Gibbens, has contended his client was just following the advice of his tax preparer, saying the accountant made the errors on his own, according to The Times-Picayune/The New Orleans Advocate. Michael Magner, an attorney for Burdett, also said his client was innocent and did not have any role in the tax decisions.
Williams and Gibbens raised questions about the timing of the indictment as Williams prepares to challenge Orleans Parish District Attorney Leon Cannizzaro for the top prosecuting role. The campaign qualifying period for the Nov. 3 election is set to end July 24. Williams has said he still plans to run for the seat, according to The Times-Picayune/The New Orleans Advocate. A preliminary trial date for the case was set for Sept. 14.
|
|
|
|
|
|
|
Ex-Trump lawyer Michael Cohen back in federal prison
Attorney Interview |
2020/07/12 12:04
|
President Donald Trump’s former personal lawyer and fixer, Michael Cohen, was returned to federal prison Thursday, after balking at certain conditions of the home confinement he was granted because of the coronavirus pandemic.
Records obtained by The Associated Press said Cohen was ordered into custody after he “failed to agree to the terms of Federal Location Monitoring” in Manhattan.
But Cohen’s attorneys disputed that, saying Cohen took issue with a condition of his home confinement that forbid him from speaking with the media and publishing a tell-all book he began working on in federal prison. The rules also prohibited him from “posting on social media,” the records show.
“The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community,” the document says.
Cohen has written a tell-all book that he had been preparing to publish about his time working for the Trump Organization, his lawyers said.
“Cohen was sure this was written just for him,” his attorney, Jeffrey Levine, said of the home confinement conditions. “I’ve never seen anything like this.”
A Justice Department official pushed back on that characterization and said Cohen had refused to accept the terms of home confinement, specifically that he submit to wearing an ankle monitor. The official could not discuss the matter publicly and spoke to AP on condition of anonymity.
Cohen legal adviser Lanny Davis called that “completely false,” adding that “at no time did Michael ever object to the ankle bracelet.”
Cohen later agreed to accept all of the requirements of home confinement but was taken into custody nevertheless, Davis said. “He stands willing to sign the entire document if that’s what it takes” to be released. |
|
|
|
|
|
|
Lawyer: Over 150 Minneapolis officers seeking disability
Legal Information |
2020/07/10 12:04
|
More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.
Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.
While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.
“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”
He said many officers he represents were at a precinct that police abandoned as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.
Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.
“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.
Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.
Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.
The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.
|
|
|
|
|
|
Law Firm News RSS Feed
