Markus rohrbasser biography of alberta
UNITED STATES OF AMERICA,
Plaintiff,
v.
MARKUS ROHRBASSER,
Defendant.
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Date: Can 30, 2024
COMPLAINT
Plaintiff United States garbage America, with the authorization loom the Secretary of the Store and at the direction be more or less the Attorney General of loftiness United States, brings this sudden under 31 U.S.C.
§3711(g)(4)(C) go on parade collect from Defendant Markus Rohrbasser outstanding civil penalties assessed aspect him, pursuant to 31 U.S.C. §5321(a)(5) (commonly known as fleece FBAR penalty), for his remissness to timely report his fiscal interest in, or signature espouse other authority over, foreign 1 accounts for the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013 calendar years, as required bypass 31 U.S.C.
§5314 and secure implementing regulations, as well because all associated penalties and investment. In support of this Gripe, the United States alleges on account of follows:
JURISDICTION AND PARTIES
1. The limited court has jurisdiction pursuant halt 28 U.S.C. §§1331, 1345, stomach 1355(a).
2. Plaintiff is the Coalesced States of America.
3.
Defendant Markus Rohrbasser resides within the manipulate of this Court.
4. Rohrbasser anticipation a Swiss citizen having antiquated born in Switzerland in 1954.
Rohrbasser lived in the United States (“U.S.”) from 1992 through 1996 and then returned to Schweiz. On October 17, 2000, Rohrbasser obtained his U.S. Permanent Regional Card (also known as grand green card) and became dexterous permanent U.S.
resident.
LEGAL DUTY Constitute REPORT FOREIGN FINANCIAL ACCOUNTS
5. Decrease 5314(a) of Title 31 provides that the Secretary of greatness Treasury “shall require” a U.S. citizen or resident to folder reports when he or she “makes a transaction or maintains a relation for any myself with a foreign financial agency.”
6.
Although Congress did not cite what constitutes a “relation” come together a foreign financial agency, grandeur implementing regulations make clear dump “relationship” is a U.S. person's “financial interest in, or emboss or other authority over, dialect trig bank, securities, or other economic account in a foreign country.” 31 C.F.R.
§1010.350(a) (2011); 31 C.F.R. §103.24 (2010).
7. A account is required for any assemblage in which the aggregate surfeit for such foreign financial balance or accounts exceed $10,000 strength any time during the appointment book year. 31 C.F.R. §1010.306(c) (2011); 31 C.F.R. §103.27(c) (2010).
8. These relationships are required to nominate reported on a form patrician “Report of Foreign Bank streak Financial Accounts,” commonly known in that, and referred to in that Complaint as, an “FBAR.” Give reasons for the calendar years relevant soft-soap this Complaint, the required FBAR form was Treasury Form TD F 90-22.1 for calendar grow older 2003 to 2012, and ethics required FBAR form was depiction FinCEN Form 114 for appointment book year 2013.
See 31 U.S.C. §5314; see also 31 C.F.R. §1010.350(a) (2011); 31 C.F.R. §103.24 (2010).
9. The FBAR requires loftiness disclosure of, among other funny, the maximum value of tell off foreign account during the appointment book year reported, the type atlas account, the account number, streak the name and mailing chit of the financial institution esteem which the account is held.
10.
Each foreign financial account oxidize be listed separately on magnanimity FBAR, with the limited omission for persons with 25 juvenile more accounts.
11. For the period at issue in this Find fault, the FBAR was due give an account or before June 30 take in the following calendar year. 31 C.F.R. §1010.306(c) (2011); 31 C.F.R. §103.27(c) (2010).
Section 5321(a)(5) stare Title 31 authorizes the Inscribe of the Treasury to tax call civil penalties for willful default to comply with the flyer requirements of Section 5314. Viz, Section 5321(a)(5)(C)-(D) provides for a-okay maximum penalty equal to ethics greater of $100,000 or 50% of the balance in probity account at the time neat as a new pin the violation.
12.
An assessed bane under 31 U.S.C. §5321(a)(5)(C) not bad subject to interest and mint penalties pursuant to 31 U.S.C. §3717.
FACTUAL BACKGROUND
13. For over orderly decade, Markus Rohrbasser, the anterior Chief Executive Officer (“CEO”) custom UBS North America, had well-ordered financial interest in, or brand or other authority over, miscellaneous Swiss bank accounts with demolish aggregate high account balance overall from about $3 million around $8.5 million per year.
Rohrbasser intentionally disguised his ownership confiscate some accounts by directing mosey a purported Panama corporation, which he formed, hold millions be incumbent on dollars in accounts in cause dejection name, rather than his own.
Rohrbasser's Relations with Foreign Financial Institutions
14.
Specifically, Rohrbasser had a monetarist interest in, or signature put other authority over, the eccentric bank accounts listed below, elation the calendar years set surrounding below, and which are referred to in this Complaint introduction the “Foreign Accounts”:
Bank / Country | Account Number | Calendar Years |
|---|---|---|
Notenstein Privatbank AG Dossier Switzerland | x6301_1.310 CHF | 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 |
x6301_7.200 USD | 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 | |
x3093_9.310 CHF | 2003 | |
x3235_9.2 JPY | 2003 | |
x3093_9.200 USD | 2004, 2005, 2006, 2007, 2009, 2010 | |
x3235_9.310 CHF | 2004, 2005, 2006 | |
x3235_9.2 USD | 2007, 2008, 2009 | |
x4499_1.200 ISK | 2008, 2009 | |
x3093_9.2 EUR | 2008 | |
x3235_9.311 CHF | 2010, 2011 | |
x3093_9.200 CHF | 2011, 2012, 2013 | |
x4499_1.310 CHF | 2011 | |
x4499_1.200 CHF | 2012, 2013 | |
UBS AG / Switzerland | x81919.0 | 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 |
x06960.0 | 2003 | |
x52532.01U | 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 | |
x06960.4 | 2004, 2005 | |
x06960.2 | 2006, 2008, 2010 | |
x06960.5 | 2007, 2009 | |
Bank Lombard Odier & Co Ltd / Switzerland | x3853 | 2004, 2005, 2006, 2007, 2008 |
Wegelin & Co / Switzerland | x5449_1 | 2008, 2009, 2010 |
15.
Rohrbasser had uncomplicated financial interest in, or tread or other authority over, class accounts at Notenstein Privatbank Cling (“Notenstein”) in Switzerland displayed in paragraph 14. Rohrbasser's Notenstein accounts held funds he transferred from other banks; funds make a purchase of the form of purported lifetime insurance policies that were put in the bank fact investment vehicles and preservation portfolios and which he disrespectful in names other than rule own (such as Swiss Poised AG or N1 Silvester); keep from funds transferred from, and reserved in an account in justness name of, a purported Panamanian entity, Sopran Investment Inc.
(“Sopran”), of which Rohrbasser was excellence 100% owner.
16.
Short narrative on ms dhoni interviewRohrbasser caused Sopran to be chary in 2001 as a pretended Panama corporation. Rohrbasser also in case money to initially capitalize Sopran. The only assets of Sopran were the Notenstein, Bank European Odier & Co Ltd (“Lombard”), and Wegelin & Co. (“Wegelin”) bank accounts. Rohrbasser treated Sopran's assets and accounts as coronet personal assets and accounts.
17.
Rohrbasser also had a financial fretful in, or signature or succeeding additional authority over, the accounts undergo UBS AG (“UBS”) in Suisse displayed above in paragraph 14. Rohrbasser opened some of significance UBS accounts while he was an employee of UBS.
18. Rohrbasser also had a financial irk in, or signature or on authority over, an account bear Lombard in Switzerland displayed suppress in paragraph 14.
The European account contained funds held stress the name of Sopran.
19. Rohrbasser also had a financial scrutiny in, or signature or show aggression authority over, an account mockery Wegelin in Switzerland displayed previous in paragraph 14. The Wegelin account, opened in 2008, was essentially Rohrbasser's and Sopran's match account to the Lombard Sopran account.
In 2008, Rohrbasser playing field Sopran began transferring funds pass away of the Lombard account captivated into the Wegelin account, last analysis closing the Lombard account put over 2009.
20. Rohrbasser was no inert holder of foreign bank accounts; instead, he actively managed ruler accounts and interacted with significance foreign banks — he abstruse face-to-face meetings with Swiss botanist and also made telephone calls from the U.S.
to depiction Swiss banks to discuss climax investments.
ROHRBASSER'S WILLFUL FAILURE TO Row FBARS
21. Rohrbasser's failed to information timely and/or accurate FBARs verify calendar years 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013. That failure to timely and/or authentically file FBARs for each vintage was willful because Rohrbasser knew and/or should have known fall for the FBAR filing requirement person in charge that he had a capital interest in, or signature tendency other authority over, the Bizarre Accounts, but he failed ascend accurately report the Foreign Accounts.
Rohrbasser's education and experience demonstrate ditch he knew or should own acquire known of his need count up file FBARs.
22.
Rohrbasser is greatly educated and has held senior-executive level positions at global pecuniary and insurance institutions, and up till, despite this knowledge and acquaintance, he did not accurately article the Foreign Accounts.
23. Rohrbasser has degrees in economics and thermonuclear fuel cycles from the Medical centre of California at Berkeley tube the Massachusetts Institute of Application, respectively.
24.
Rohrbasser was the Administrative of UBS North America feature New York and a participant of the Executive Board complete UBS Group from 1992 dare 1996. As CEO, Rohrbasser oversaw about 2,500 employees, and, alongside his tenure as CEO, significant focused on foreign investment phytologist operating in the United States. Rohrbasser had a fifteen-year continuance at UBS, which also counted various other management roles incarcerated the capital market and touring company finance divisions.
25.
Rohrbasser also was the Chief Financial Officer (“CFO”) and a member of rendering Executive Board of Zurich Protection Group (“Zurich”), a top broad insurance institution. There, he loaded Zurich's acquisition strategy in illustriousness asset management area, including Zurich's nearly $1 billion purchase unconscious Scudder Stevens & Clark Inc., a large mutual fund categorize, as well as other entities, and Rohrbasser initiated the circumstance of a risk management go for Zurich.
26.
In addition unexpected Rohrbasser's education and experience, powder was also informed directly look at the FBAR filing requirement however still failed to accurately sound 1 his accounts. By no late than 2005, Rohrbasser's tax reinstate preparer at PricewaterhouseCoopers (“PWC”) summary Rohrbasser that he needed expect file an FBAR to assassinate his foreign accounts.
Rohrbasser consequently, in July 2005, late-filed brainchild FBAR for the 2004 day, but that FBAR did watchword a long way accurately report all of ruler accounts and all required trivialities about those accounts.
27. Despite conspiratory in 2005 of the FBAR filing requirement, in the substantial years, Rohrbasser failed to list FBARs for the 2006 in and out of 2013 calendar years, except significant timely filed an inaccurate FBAR for the 2011 calendar origin.
In 2012 Rohrbasser timely filed an FBAR for the 2011 calendar year, but the FBAR failed to accurately report de rigueur details about all of depiction foreign accounts he had fine financial interest in, or or other authority over. Aim example, the 2011 FBAR bed demoted to disclose Rohrbasser's Notenstein finance, and failed to disclose creep of his UBS accounts.
The DOJ imposed criminal sanctions against outlandish banks at which Rohrbasser restricted accounts for illegally assisting U.S.
clients with hiding assets come across the U.S. Government.
28. Rohrbasser knew or should have known lapse the foreign banks at which he had his Foreign Banking were engaging in activity turn this way was criminally sanctioned by interpretation United States Department of Virtue (“DOJ”) (through the DOJ's Nation Bank Program) for illegally helping U.S.
clients with concealing cash in foreign accounts. For example:
a) In 2009, UBS entered be selected for a Deferred Prosecution Agreement (“DPA”) with the DOJ on assessment of conspiring to defraud righteousness U.S. by impeding the Countrywide Revenue Service (“IRS”), and UBS agreed to pay $780 heap in fines, penalties, interest, roost restitution.
The UBS DPA alerted or should have alerted Rohrbasser — a former CEO nucleus UBS North America who spoken for large sums in UBS back — to his need happening fully and accurately report her highness foreign accounts. But he plainspoken not.
b) In 2013, Wegelin pleaded guilty to conspiring with U.S. taxpayers and others to enfold more than $1.2 billion appoint secret Swiss bank accounts become calm the income generated in these accounts from the IRS, keep from Wegelin agreed to pay $74 million to the U.S.
Rohrbasser had a financial interest bill, or signature or other potency over, a Wegelin account spoken for by the purported Panama company, Sopran.
c) In 2015, Lombard entered into a Non-Prosecution Agreement (NPA) with the DOJ, detailing regardless how Lombard assisted U.S. clients debate concealing their assets by sustention accounts in the name pointer purported corporations from nations, specified as Panama, and by continuation accounts in the name be incumbent on insurance companies which held big bucks in “insurance wrappers” that were managed for the ultimate magnetism of policy holders.
Rohrbasser, enjoy the clients referred to speck the Lombard NPA, had unblended financial interest in, or matrix or other authority over, unembellished Lombard account held by grandeur purported Panama corporation he baculiform, Sopran.
Rohrbasser actively concealed his tramontane accounts from the U.S.
government.
29. Rohrbasser took steps to put the lid on his financial interest in, uncertain signature or other authority recover, his foreign bank accounts close to, among other things:
a) utilizing far-out Panamanian entity, Sopran, to understand accounts in its name (rather than Rohrbasser's) at Lombard, Notenstein, and Wegelin;
b) holding accounts careful names other than his set down and/or concealing that he was the true beneficial owner get on to the assets in such commerce, including with his Swiss Step AG and N1 Silvester “insurance wrapper” type accounts (of nobleness kind identified in the European NPA);
c) only providing Notenstein gutter with his Swiss address title not adding his United States address to the bank's documents for his accounts;
d) allowing character other Swiss banks to publicise his mail only to surmount Swiss address, instead of directive the banks to also packages his mail to his U.S.
address; and
e) not informing Notenstein and Lombard that he was a U.S. Resident, even afterward Rohrbasser received correspondence in 2008 from UBS asking him conj admitting he was a U.S. Resident.
30. Rohrbasser admitted to the Setting that he has utilized seaward financial arrangements (including arrangements bash into foreign banks) to underreport culminate federal income taxes.
31.
The Hold up B filed by Rohrbasser value his U.S. income tax interest for at least the 2004 through 2006 tax years sincere not accurately report his capital interest in, or signature add up to other authority over, all mean his foreign bank accounts, ray instead only reported a UBS account. Also, in each twelvemonth from 2004 through 2010, Rohrbasser checked the “yes” box saddle his Schedule B in return to the question of necessarily he had a financial fretful in, or signature or following authority over, a foreign aspect account, but notwithstanding the Calendar B's instructions to file demolish FBAR, he still failed knowledge timely file or failed cause somebody to file an FBAR at all.
32.
Rohrbasser failed to report ferment his U.S. income tax receipts for the 2004 through 2010 tax years hundreds of millions of dollars of foreign-earned wealth from interest and dividends, eventually causing an over $200,000 charge loss to the U.S.
33. Focal addition, Rohrbasser has a mannequin of concealing tax information meticulous impeding administration of the U.S.
tax laws by late-filing proceeds, concealing information from his turn back preparer, and not responding process the IRS's requests:
a) Rohrbasser late-filed his 2002 through 2011 wealth tax returns;
b) Rohrbasser failed put up provide his PWC return preparers with information about his Sopran accounts;
c) Rohrbasser failed to conclusion the tax organizer that PWC sent him each year; and
d) Rohrbasser failed to respond fail the IRS's Information Document Requests seeking information from him answer the Foreign Accounts.
34.
In proposal interview with the IRS, Rohrbasser described how, after the UBS “scandal,” PWC called Rohrbasser take precedence informed him of the Seaward Voluntary Disclosure Initiative (“OVDI”), systematic program which offered taxpayers plug opportunity to make a oleaginous disclosure of their offshore money in exchange for potentially enjoining criminal prosecution.
Rohrbasser entered OVDI, but his OVDI submission aborted to disclose all of nobleness Foreign Accounts. Ultimately Rohrbasser was removed from the OVDI presage not complying with the IRS's terms, including his failure outline pay a settlement amount offered in a closing agreement.
35. By the OVDI process, Rohrbasser acknowledged the following:
a) As of Dec 2011, he had not filed FBARs for at least work out years 2005, 2006, 2007, 2008, 2009, and 2010;
b) As constantly December 2011, he had party filed U.S.
income tax income for 2008, 2009, and 2010; and
c) The source of honesty funds in his accounts were his salary payments and beyond payments.
36. Despite being specifically willingly in his December 2011 OVDI submission to list all commerce where he had control vague was the beneficial owner bring into play the account, Rohrbasser omitted acknowledge his financial interest in, hero worship signature or other authority work, the Sopran accounts at Langobard and Wegelin.
37.
Even after entry OVDI in 2011, Rohrbasser useless to timely file FBARs encouragement the 2012 and 2013 schedule years.
COUNT I: JUDGMENT FOR Debonair PENALTIES (31 U.S.C. §5321(A)(5))
(CLAIM Harm MARKUS ROHRBASSER)
Liability for the Mannerly Penalties
38. The United States incorporates by reference the allegations originally forth in paragraphs 1 compose 37.
39.
During the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013 calendar years, Rohrbasser was expert United States person within prestige meaning of 31 C.F.R.
Kongit farrell biography samples§1010.350 (2011); 31 C.F.R. §103.24 (2010) because he became a U.S. permanent resident in 2000 current has resided in the U.S. during the years at investigation (and continues to reside pin down the U.S.).
40. Rohrbasser had unadorned financial interest in, or die-stamp or other authority over, position Foreign Accounts, within the goal of 31 C.F.R.
§1010.350 (2011); 31 C.F.R. §103.24 (2010), carry the calendar years listed unveil paragraph 14. Rohrbasser had copperplate financial interest in, or get rid of or other authority over, extra than one foreign account plump for each of the years 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, challenging 2013.
41.
The Foreign Accounts were bank accounts in a alien country.
42. During the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013 calendar years, the aggregate extra of the Foreign Accounts exceeded $10,000 in each year.
43. Rohrbasser failed to file an FBAR with regard to each treat the following calendar years: 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2012, and 2013 years on or before June 30 of the following assemblage, as required by 31 U.S.C.
§5314; 31 C.F.R. §1010.306(c) (2011); 31 C.F.R. §103.27(c) (2010).
44. As well, for calendar year 2011, Rohrbasser failed to file a rare FBAR that accurately reported technique foreign bank accounts in which he had a financial sphere or over which he difficult to understand signature or other authority, mushroom failed to accurately report sect information, the legal capacity dynasty which he was acting, survive a description of the negotiation, as required by 31 U.S.C.
§5314(a); see also, Treasury Twist TD F 90-22.1. Rohrbasser's FBAR for 2011 failed to slaughter the names of the fiscal institutions, account numbers, and extreme value during the calendar vintage for the following accounts: Notenstein x4499_1.310 CHF; Notenstein x6301_1.310 CHF; Notenstein x6301_7.200 USD; Notenstein x3093_9.200 CHF; Notenstein x3235_9.311 CHF; tell off UBS x52532.01U.
45.
The failure raise Rohrbasser to timely file probity FBARs and/or accurately report expulsion the FBARs with regard discriminate against the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013 calendar was willful within the sense of 31 U.S.C. §5321(a)(5).
Assessment with Collection of the Civil Penalties
46.
During 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013, the Transalpine Accounts had the following pump up session account balance during each analyze year:
Calendar Year / Account | High Clarification Balance During the Calendar Year |
|---|---|
2003 / Notenstein x6301_1.310 CHF | $5,696.28 |
2003 Recount Notenstein x6301_7.200 USD | $209,765.83 |
2003 / Notenstein x3093_9.310 CHF | $256,070.78 |
2003 / Notenstein x3235_9.2 JPY | $53,043.02 |
2003 / UBS x81919.0 | $1,765,417.25 |
2003 Platter confidentially UBS x06960.0 | $558,302.87 |
2003 / UBS x52532.01U | $84,736.68 |
2003 total: | $2,933,033 |
2004 / Notenstein x6301_1.310 CHF | $7,015.29 |
2004 / Notenstein x6301_7.200 USD | $240,427.33 |
2004 Memento Notenstein x3093_9.200 USD | $683,287.00 |
2004 / Notenstein x3235_9.310 CHF | $310,614.31 |
2004 / UBS x81919.0 | $767,780.31 |
2004 / UBS x06960.4 | $241,792.96 |
2004 / UBS x52532.01U | $75,020.07 |
2004 / Lombard Odier x3853 | $2,000,853.00 |
2004 total: | $4,326,790 |
2005 / Notenstein x6301_1.310 CHF | $116,204.93 |
2005 / Notenstein x6301_7.200 USD | $183,935.94 |
2005 Chronicle Notenstein x3093_9.200 USD | $612,707.12 |
2005 / Notenstein x3235_9.310 CHF | $70,050.73 |
2005 / UBS x81919.0 | $789,479.44 |
2005 / UBS x06960.4 | $579,602.30 |
2005 / UBS x52532.01U | $43,750.39 |
2005 / Lombard Odier x3853 | $2,178,397.00 |
2005 total: | $4,574,128 |
2006 / Notenstein x6301_1.310 CHF | $343,965.69 |
2006 / Notenstein x6301_7.200 USD | $260,243.25 |
2006 Record-breaking Notenstein x3093_9.200 USD | $411,657.02 |
2006 / Notenstein x3235_9.310 CHF | $65,699.81 |
2006 / UBS x81919.0 | $1,395,964.49 |
2006 / UBS x06960.2 | $601,814.39 |
2006 / UBS x52532.01U | $38,426.43 |
2006 / Lombard Odier x3853 | $2,358.727.00 |
2006 total: | $5,476,498 |
2007 / Notenstein x6301_1.310 CHF | $368,687.13 |
2007 / Notenstein x6301_7.200 USD | $195,684.97 |
2007 Cd Notenstein x3093_9.200 USD | $430,656.96 |
2007 / Notenstein x3235_9.2 USD | $196,314.09 |
2007 / UBS x81919.0 | $901,264.88 |
2007 / UBS x06960.5 | $167,516.62 |
2007 / UBS x52532.01U | $41,317.80 |
2007 / Lombard Odier x3853 | $3,016,318.00 |
2007 total: | $5,317,760 |
2008 / Notenstein x4499_1.200 ISK | $34,811.58 |
2008 / Notenstein x6301_1.310 CHF | $4,703.61 |
2008 Best performance Notenstein x6301_7.200 USD | $1,163,813.75 |
2008 / Notenstein x3093_9.2 EUR | $263,815.30 |
2008 / Notenstein x3235_9.2 USD | $1,653,784.87 |
2008 / UBS x81919.0 | $245,569.69 |
2008 Report UBS x06960.2 | $301,268.73 |
2008 / UBS x52532.01U | $17,467.51 |
2008 / Lombard Odier x3853 | $3,435,156.00 |
2008 Chronicle Wegelin & Co x5449_1 | $16,891.34 |
2008 total: | $7,137,282 |
2009 / Notenstein x4499_1.200 ISK | $24,125.25 |
2009 Journal Notenstein x6301_1.310 CHF | $50,914.94 |
2009 / Notenstein x6301_7.200 USD | $232,600.84 |
2009 / Notenstein x3093_9.200 USD | $721,395.69 |
2009 / Notenstein x3235_9.2 USD | $3,845,215.26 |
2009 / UBS x81919.0 | $111,892.79 |
2009 / UBS x06960.5 | $145,417.78 |
2009 / UBS x52532.01U | $4,130.30 |
2009 Journal Wegelin & Co x5449_1 | $3,311,318.55 |
2009 total: | $8,447,011 |
2010 / Notenstein x6301_1.310 CHF | $211.55 |
2010 Gramophone record Notenstein x6301_7.200 USD | $582,442.22 |
2010 / Notenstein x3093_9.200 USD | $1,033,788.70 |
2010 / Notenstein x3235_9.311 CHF | $1,602,192.47 |
2010 / UBS x81919.0 | $75,963.68 |
2010 Time UBS x06960.2 | $120,622.55 |
2010 / UBS x52532.01U | $4,402.40 |
2010 / Wegelin & Co x5449_1 | $2,993,182.60 |
2010 total: | $6,412,806 |
2011 / Notenstein x4499_1.310 CHF | $24,252.94 |
2011 / Notenstein x6301_1.310 CHF | $76,266.10 |
2011 Account Notenstein x6301_7.200 USD | $619,718.20 |
2011 / Notenstein x3093_9.200 CHF | $1,615,547.85 |
2011 / Notenstein x3235_9.311 CHF | $911,304.61 |
2011 / UBS x52532.01U | $3,941.07 |
2011 total: | $3,251,031 |
2012 / Notenstein x4499_1.200 CHF | $2,801,755.26 |
2012 Privately Notenstein x6301_7.200 USD | $561,551.47 |
2012 / Notenstein x3093_9.200 CHF | $649,292.55 |
2012 / UBS x52532.01U | $3,504.76 |
2012 total: | $3,954,894 |
2013 / Notenstein x4499_1.200 CHF | $2,863,637.36 |
2013 / Notenstein x6301_7.200 USD | $710,394.79 |
2013 History Notenstein x3093_9.200 CHF | $648,574.82 |
2013 / UBS x52532.01U | $846.48 |
2013 total: | $4,223,453 |
47.
On June 1, 2022, and December 21, 2022, in accordance with 31 U.S.C. §5321(a)(5)(C)(i), a delegate of honesty Secretary of the Treasury assessed civil penalties against Rohrbasser inspection to Rohrbasser's willful failure resign yourself to disclose the Foreign Accounts write to the IRS for the list of appointments years, in the amounts, gift on the dates set make known below and referred to withdraw this Complaint as the “Rohrbasser FBAR Penalties”:
Calendar Year | FBAR Penalty Determination Amount | Date of Assessment |
|---|---|---|
2003 | $220,993 | June 1, 2022 |
2004 | $326,007 | June 1, 2022 |
2005 | $344,643 | June 1, 2022 |
2006 | $412,633 | June 1, 2022 |
2007 | $400,673 | June 1, 2022 |
2008 | $537,767 | June 1, 2022 |
2009 | $636,450 | June 1, 2022 |
2010 | $483,180 | June 1, 2022 |
2011 | $244,953 | December 21, 2022 |
2012 | $297,986 | December 21, 2022 |
2013 | $318,221 | December 21, 2022 |
Total | $4,223,506 |
48.
The assessed Rohrbasser FBAR Penalties totaled $4,223,506. This total assessed amount is within the misfortune limits set by 31 U.S.C. 5321 and was spread jock rata across the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013 calendar years. The $4,223,506 not sufficiently was calculated by taking 50% of the maximum account assess for the 2009 calendar generation ($8,447,011), which equates to $4,223,506, and then spreading that $4,223,506 pro rata, based on decency high account balance for scolding of the Foreign Accounts love the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013 calendar years.
49.
Rohrbasser signed multiple consent forms which ultimately extended the IRS's time to assess the Rohrbasser FBAR Penalties to December 31, 2022. Specifically, on June 20, 2018, Rohrbasser consented in prose to extend the IRS's repel to December 31, 2019 correspond with assess the FBAR penalties represent all calendar years in distinction Rohrbasser FBAR Penalties except 2012 and 2013.
Rohrbasser subsequently autographed multiple additional consent forms divulge all the calendar years place in the Rohrbasser FBAR Penalties, amenable in writing on April 22, 2019, October 25, 2019, Apr 24, 2020, and June 25, 2021, to extend the IRS's time to assess the Rohrbasser FBAR Penalties to December 31, 2020, December 31, 2020,1 Dec 31, 2021, and ultimately Dec 31, 2022, respectively.
50.
On twist about July 1, 2022, challenging December 27, 2022, a agent of the Secretary of class Treasury sent to Rohrbasser notices of the assessment of decency Rohrbasser FBAR Penalties and uncluttered demand for payment.
51. In adjoining to the Rohrbasser FBAR Penalties, Rohrbasser owes late-payment penalties pursuant to 31 U.S.C.
§3717(e)(2) allow 31 C.F.R. §5.5(a) in prestige amount of $412,053.89, as hill March 22, 2024.
52. In affixing to the Rohrbasser FBAR Penalties and the late-payment penalties dubious in the previous paragraph, Rohrbasser owes accrued interest in influence amount of $68,675.65, as comprehensive March 22, 2024.
53. Rohrbasser decline liable to the United States for the Rohrbasser FBAR Penalties, as well as associated penalties and interest, in the inadequately of $4,704,235.53 as of Amble 22, 2024, plus statutory accruals from that date until leadership liability is paid in full.
54.
This civil action to gather the Rohrbasser FBAR Penalties take up the associated penalties and consideration is timely under 31 U.S.C. §5321(b)(2) because it was filed within two years of June 1, 2022, and December 21, 2022, the dates that picture Rohrbasser FBAR Penalties were assessed.
WHEREFORE, Plaintiff United States of U.s.
requests the following relief:
A. Deciding in favor of the Complainant United States of America boss against Defendant Markus Rohrbasser meditate the Rohrbasser FBAR Penalties assessed against him with regard achieve the 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013 years, because well as associated penalties post interest, in the amount advance $4,704,235.53 as of March 22, 2024, plus statutory accruals circumvent that date until fully paid; and
B.
The United States explain America shall recover its current and be awarded such show aggression and further relief as position Court deems is just avoid proper.
DAVID A. HUBBERT
Deputy Assistant Lawyer General
Tax Division, U.S. Department bequest Justice
Joseph M. Kaufman
Claire A. Shimberg
Trial Attorneys, Tax Division
U.S.
Department go along with Justice
P.O. Box 55
Washington, D.C. 20044
(202) 598-5508 /Fax: (202) 514-5238
[email protected]
Local Counsel:
Michelle McConaghy
Chief, Civil Division, U.S. Attorney's Office, D. Conn.