The Post

Jail ‘inevitable’ on tax scam

Accountant­s tried to ‘school’ clients

- Hamish Rutherford

TWO ACCOUNTANT­S face long jail sentences after being found guilty of fraud, tax evasion and perverting the course of justice in a multimilli­on-dollar scam against Inland Revenue.

David Ingram Rowley and Barrie James Skinner scribbled notes yesterday as Justice Kos said he was satisfied beyond reasonable doubt that the Crown’s case proved guilt on all but a handful of more than 100 charges they faced.

A six-week trial in the High Court in Wellington heard how Skinner had spent $1.1 million on internatio­nal travel and spending, well in excess of his declared income. As well as pronouncin­g guilty verdicts on dozens of charges of fraudulent­ly using documents, Justice Kos found the pair perverted an IRD investigat­ion by attempting to school their clients on what to say in sworn interviews. Forensic evidence proved Rowley and Skinner tampered with a computer hard drive in an attempt to give legitimacy to the disputed transactio­ns.

Those transactio­ns were valued by IRD at $9.5m, with IRD underpaid by $3.1m, while Skinner, and to a lesser extent Rowley, benefited to the tune of $2.3m.

The pair were remanded in custody to reappear for sentencing on April 17, with Crown lawyer Dale La Hood saying it was ‘‘inevitable’’ the pair would be jailed.

Yesterday’s verdict was the culminatio­n of an IRD investigat­ion into the pair and their Wellington­based tax agency, Tax Planning Services. The agency’s Kent Tce offices were raided by IRD in April 2010, when a dozen staff spent 12 hours seizing documents and cloning computers.

It followed concerns from IRD investigat­or Ben Raggett about the refunds being paid to clients in return for payments for services.

The IRD investigat­ion concluded the pair had concocted a scheme through which they would charge clients for services which never took place, explaining to some that it was a way of ‘‘purchasing’’ tax refunds.

Most of the money was refunded, with clients claiming more than the net amount paid – an amount kept by the agency – in income tax deductions or GST credits.

The clients included Wellington businesses and profession­als, such as Kathy Ertel, a lawyer who recently represente­d Ngati Raupani before the Waitangi Tribunal in hearings over water rights. Skinner and Rowley met clients explaining the transactio­ns had been deposits on apartments or car parks in central Wellington, and the clients should tell this to IRD investigat­ors during sworn interviews.

While the investigat­ion was under way, the pair battled to keep their names secret, losing a bid which reached the Supreme Court. Shortly after losing name suppressio­n, Tax Planning Services was placed in receiversh­ip, when the Bank of New Zealand demanded repayment of an overdraft.

At the time, Rowley and Skinner told The Dominion Post they were being mistreated by the BNZ.

The amount clients owed the agency was far in excess of what it owed the bank, they said.

Shortly before the trial began, a receivers’ report claimed much of the $3.4m recorded in the debtors ledger of Tax Planning Services was from entities which were in liquidatio­n, bankrupt or had been struck from the Companies Register. Receiver Barry Jordan of Deloitte said the ledger was ‘‘significan­tly inflated and included amounts that had either been in dispute or represente­d invoices clients had never seen or approved of’’.

The High Court trial heard how, despite being coaxed on what to say, most of the clients told IRD investigat­ors they had no idea what the transactio­ns were for at the time. One, a retired police officer, secretly recorded a meeting in which Skinner explained that the payment was a deposit on an apartment.

It also heard

testimony

from Shaan Stevens, a former top businessma­n who is now serving home detention after pleading guilty to charges in a related case.

Stevens told the court how he provided his electronic signature and company letterhead in a bid to create a paper trail to cover transactio­ns he knew were fraudulent.

The trial was briefly held up following the sudden death of La Hood’s father. Justice Kos said the Crown lawyer’s ‘‘exacting’’ crossexami­nation of the accused ‘‘sealed the result’’.

 ?? Photo: PHIL REID/FAIRFAX NZ ?? Taxman prevails: David Rowley, left, and Barrie Skinner were found guilty on fraud charges in the High Court at Wellington.
Photo: PHIL REID/FAIRFAX NZ Taxman prevails: David Rowley, left, and Barrie Skinner were found guilty on fraud charges in the High Court at Wellington.

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