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World business empires of VAT mafia
With more shocking details of the notorious VAT scam being now exposed, the international police – Interpol stepped in this week to assist in probing how billions of rupees had been invested in foreign countries.

Central Bank officials confirm that the monies derived from the scam have been illegally transferred out of the country and invested in Dubai.
CID’s Financial Crimes Unit backed by Interpol is conducting a detailed checking of the bank accounts held by the suspects already arrested or wanted in connection with the VAT scam where more than 3.57 billion rupees had been frauduently paid out as VAT refunds.

The Detectives said that CID had evidence to show that shipping tycoon Kamil Kuthubdeen and his accomplices Rashid Murshid, M. Ashroff and Hamza Kathubdeen -- some of the suspects involved in the scam had invested huge sums of money in several businesses not only locally but also internationally -- in countries such as Dubai, Singapore, Malaysia and Australia.

The CID detectives are finding it difficult to trace most of the foreign transactions by the VAT mafia, as by now these funds may have gone through money laundering and also as the money must have been spirited abroad illegally the Central Bank too is unable to pin point exact amounts or provide details of such transactions.

This was one of the main reasons to ask Interpol for help.
One of the known facts though is that Kuthubdeen and Murshid had invested in a 200-room three- star Dubai hotel called K Porte Inn.
The hotel is equipped with a health club, gymnasium, sauna, jacuzzi, swimming pool, five restaurants and night clubs with attached pubs. It is now known to have been visited by several of Sri Lanka’s politicians as well.

Kuthubdeen and Murshid are also known to have made a Rs. 750 million investment on four Gantry Cranes from Singapore for Kuthubdeen’s shipping company called K Port Shipping (PVT) Ltd which is involved in cargo and logistics. This too is not recorded in the Central Bank reports.
The Sunday Times learns that the purchase price for the four cranes was paid in cash which could well have been with the funds smuggled out of the country.

Kuthubdeen and Murshid had started K Port by initially dumping one billion rupees as capital and by building its warehouse at Orugodawatte. By managing to register K Port as a Board of Investment project with the approval of Ports Minister Mangala Samaraweera in 2004, the suspects had for all appearances shown their business to be above board.

K Port is located in close proximity to the Colombo Port on a land ten acres in extent. The Sunday Times learns that K Port was used as a cover up for Kuthubdeen and the VAT mafia to smuggle textiles into the countrywhich in turn gave them the opportunity to get exorbitant VAT refunds when the imported textiles were later re exported.

Detectives also believe that some of the suspects wanted in connection with the VAT scam have fled the country with Kuthubdeen’s brother Hamza known to be hiding in Kuthubdeen’s Dubai hotel while Murshid is hiding in his house in Malaysia. This is not the first time that the two VAT scam masterminds had come to the attention of the authorities. Kuthubdeen was earlier wanted for smuggling imported cigarettes into the country while Murshid had been wanted for a credit card fraud in Singapore.

Following the arrest of former Inland Revenue Department VAT section Deputy Commissioner Gnanasiri Z. Jayathilake, the CID also arrested Assistant Commissioner A.W. Ambeypitiya and an auditor M.H.M. Rizwan. Textile tycoon S. Subramanian surrendered to the CID through his lawyers and M. Ashroff was arrested when he was about the flee the country.

The other suspects wanted by the police are, M.K.M. Shaffik of 133/1, Purwarama Road, Colombo 5, M.S. Fawzul Awam of 17/4 St. Joseph Lane, Colombo 4, M.H.M. Mirzan of E2/2 Kamkarupura, Orugodawatte, Bakir M. Riyaz of 53, Awwal Zawiya road, Colombo 14, S.L Abdul Kareem of 103/11, Amunuhena Road, Wattala, Mira Sahib Liyakath Ali of 204/C 1, Wennawatte, Weligampitiya and A. K. Kularatna.

The CID investigation has given rise to more questions than answers as the number of cheques that had been traced so far has risen to 142 with the possibility of pushing the earlier figure of Rs. 3.57 billion nearer the ten billion mark once all 235 cheques are found.

According to the CID report 20 fake identity cards were used in the illegal transactions which began from November 15, 2002 to August 25, 2004.
The numbers of some of the fake ID cards are, 834813321V, 832893405V, 832944504V, 835422504V, 834529304V, 836421052V, 834240204V, 836502254V, 832925443V, 832954504V, 835290246V, 823509442V and 832950484V.

The mafia style scam that had been going on for about of two years went undetected by the CID and the Bribery Commission officials who earlier probed the discrepancies in the VAT refund account Not only businessmen and public officers but also politicians are known to have been involved in the scam.
Bribery Commission Director Neville Guruge confirmed to The Sunday Times that the Bribery Commission was involved in the investigations by way of looking into allegations of corruption.

The names of several politicians in the government and the opposition were mentioned when the CID questioned the suspects about their political affiliations.

The Sunday Times learns that Kuthubdeen and his brother Hamza had been supporters of the UNP for some time with Kuthubdeen serving as an an executive committee member of the UNP.

The Sunday Times learnt that Kuthubdeen and Hamza had associated themselves with UNP politics in 1994 when Hamza was co opted into the UNP media unit at a time when the party was looking for a person who could converse in Tamil.

Years later when the UNP was collecting funds to launch its first official Tamil paper one of the first persons to make a donation was Kamil Kuthubdeen.
The Sunday Times has learnt that UNP MP Abdul Cader had requested a land that belonged to the National Housing and Development Authority in Kirimandale Mawatha, Narehenpita to be given to Kuthubdeen and his partner Murshid for a project with plans to set up a medical school to award offshore degrees.

The two partners had made arrangements with the University of Manipal in Nepal. The idea was shelved when they did not receive a positive response from the the Sri Lanka Medical College which they hoped to tie up with.
They came up with the idea for a private medical college because of the number of private hospitals in and around Kirimandale Mawatha.
However when their original plan had failed they decided on establishing a pharmaceutical company called K- Pharma.

Following reports that former UNP parliamentarian Imtiaz Bakeer Markar was being implicated in the fraud, he told The Sunday Times that it was for political reasons that he was being implicated in a certain forum but he insisted that he was in no way involved in the scam or with the suspects.
“It is true that I am related to Kuthubdeen and they worked for me but that does not mean I am involved in this scam. Hamza worked as my secretary when I was Minister for Mass Communication.

“Even before he became my secretary he was in the UNP media unit. The Kuthubdeens knew several other politicians as well. I don’t know why my name has been implicated”, Mr. Bakeer Markar said.

“Those who implicated me said that I had got them a telephone dealership in Mobitel which I totally deny. The Ministry has nothing to do with the giving of dealerships to private people. It is to do with the management of the company”, he said.

“The Commissioner Jayathilake and I were in University together. Because I know them it is unfair for people to paint me with the same brush. It was also wrong for certain media institutions to carry my photo and project me as being involved in the scam. This is defamatory to my character”, he said.
When the five suspects who are in CID custody where produced before the Fort Additional Magistrate N. Balalle on Wednesday, he ordered the CID to hand over to the police all documents and items including compact disks, floppy disks and computers where VAT refund data has been entered.
The magistrate also ordered that the bank accounts of the suspects to be frozen.

The counsel for the fourth suspect S. Subramaniam had requested the magistrate to give permission for Mr. Subramaniam to have access to his bank account as he has 1000 employees working in the five factories he owns and has to pay their wages. However this request was turned down by the Magistrate.

Subramanian who lives in Colombo 7 is the owner of five garment factories in India and two in Vietnam. He owns Lotus Apparel (PVT) Ltd, Lotus Garments (PVT) Ltd and Lanka Universal Exports (PVT) Ltd.

Subramanian had received VAT refunds amounting to Rs. 98 million for Lotus Apparel (PVT) Ltd, Rs. 127 million for Lotus garments (PVT) Ltd. and Rs. 139 million for Lanka Universal Exports (PVT) Ltd. He had also deposited Rs. 540 million in the Indian bank, Colombo and HNB, Narehenpita.

The Sunday Times learnt that Subramaniam had recently purchased a bunglow in Trichy, India valued at one hundred million Indian rupees Subramaniam who had also owned several factories in Uganda had raised concerns amongst the Ugandan government as to where his money camefrom.

Due to questions arising over Subramaniam’s businesses in Uganda the Ugandan government deployed a fact finding committee to probe the source of Subramaniam’s wealth in Sri Lanka.

However it was later revealed that the matter had eventually died down.
The Sunday Times also learnt that Mr. Kuthubdeen who lives in Colombo 7 and Mr. Murshid had bought several textile companies including Minipe Garments (PVT) Ltd, Inimag Kandy (Pvt) Ltd, Inimag Dambulla (Pvt) Ltd, World Gate Apparel (Pvt) Ltd and World Gate Euro (Pvt) Ltd.

Most of them were on the brink of bankruptcy and some were not even registered. He allegedly began to register all his factories in the name of one company known as MASS World Garments (Pvt) Ltd in order to cover his tracks and transferred most of his assets to his family members and relatives.
The Sunday Times also learnt that Pro-Rotation - No. 7, Subhodarama Road, Dehiwala, Krishesan Apparel- No. 204/c/1 Sedawatta, Wellampitiya, Susiline Apparel- No. 5/2, Subhodarama Road, Dehiwala, Poke Apparel – No. 57, Wystvyke Mawatha, Colombo-15, Abdul Kareem S.L (Politex Apparel) - No. 90/4, Chaithiya Road, Pellawatte, Krishet Apperal- No.56/3, Sama Mawatha, Dehiwala road, Boralasgamuwa are companies that are not registered.
The case is to be taken up again on April 19 after the magistrate ordered the CID to carry out a full probe into the bank accounts.

VAT scam tentacles go far and wide
As more shocking exposures in the VAT scam showed worldwide business empires being run by the main suspects, CID detectives were closely checking the mobile phone calls of the alleged racketeers to track down more suspects in one of Sri Lanka’s biggest frauds.

Detectives said they had got a court order to check details of calls from more than 40 mobile phones while 140 of some 235 fraudulent cheques amounting to billions of rupees have been traced.

The CID has also obtained court orders to check the bank accounts of the suspects and most of the accounts had been frozen.

Five suspects were produced in court on Wednesday and further remanded while the probe continues to reveal tentacles of the VAT scam far and wide with the racketeers investing hundreds of millions of rupees in huge business in different countries including a luxury hotel in Dubai.


Highlights of the draft National Audit Act
·The Auditor General shall be an officer of the Parliament independent of the Executive and in carrying out his functions be responsible to Parliament.

  • The Auditor General shall have the power to impose surcharges on persons in any audited entity who are found responsible for irregular or illegal transactions and for deficiencies and losses incurred due to negligence or misconduct.
  • Any aggrieved person within three months can appeal to the National Audit Commission (NAC) (to be set up under the new Act) , which after making such investigation as the Commission deems equitable, may confirm, reduce or cancel the imposed surcharge.
  • The AG shall have the authority to release audit reports to the media and the public after they have been presented to Parliament. The AG may also participate in public affairs in furtherance of the objectives of the Act.
  • The costs and expenses of the National Audit Office (NAO) (which will replace the existing AG Department) shall be met out of the monies provided by Parliament
  • For each financial year, the AG shall prepare an estimate of revenue and expenditure including any other statements of the NAO, and the Commission shall examine such estimates and the statements and transmit them for incorporation in the national budget after making any modifications the Commission considers necessary.
  • The National Audit Commission shall consist of the Speaker (Chairman), the Leader of the House, the Leader of the Opposition, the Chairmen of the Committee on Public Enterprises (COPE) and the Public Accounts Committee (PAC).

Scam, only the tip of the iceberg: AG
By Chandani Kirinde
The Rs. 3.5 billion VAT scam at the Inland Revenue Department that came to light in recent weeks may be the just the tip of the iceberg when considering the high incidence of misappropriation of funds in state institutions in the country, Auditor General S.C. Mayadunne said.

“Larger fraudulent transactions in government institutions cannot be ruled out,” Mr. Mayadunne said adding that such exposures only underline the case for strengthening the AG’s powers.

It was in June last year that the AG’s department first detected the massive fraud and queried from the Department how one person using 13 forged ID cards was authorised a VAT refund to the tune of Rs 3.57 billion.
However, it took nearly ten more months before the inquiries began in earnest with the CID called in.

The Auditor General said due to lack of professional competency and technical training for audit officers as well as lack of resources, the AG’s Department was finding it difficult to act as efficiently as it should be doing in an era when criminals were far ahead of law enforcement agencies’ ability to track down perpetrators of fraud or the commission of any other crime.

Referring to the VAT case, he said the fraud was detected mainly because of the commitment and dedication of the audit officers who examined the Inland Revenue Department audit reports.

“The most important thing is that the state audit should contribute to the betterment of the country by blowing the whistle in time and not after the damage is done”, Mr. Mayadunne said. He said a draft National Audit Act was prepared in 2004 but was yet to be presented in Parliament.

The Bill is the culmination of a process that began in 2000 with World Bank assistance and a study by the Netherlands Court of Audit recommending how best to strengthen the AG’s Department in Sri Lanka in keeping with international standards.

Mr. Mayadunne said he needs a core group with a high rate of competency to handle today’s computer assisted transactions involving millions and billions of rupees.

“When you look at the large volumes of international transactions taking place today and the need to quickly analyse, examine and detect fraud in time, the audit staff needs to be well trained and capable enough to come out with meaningful and constructive observations”, he said and added that the state audit should be in a position to look at these wasteful and corrupt practices and alert the general public through parliament as all this means an added cost to the public.

If the proposals for the new Audit Act are approved, the AG will have the power to issue surcharge certificates and get unauthorised spending and other wasteful expenditure reimbursed to the government without much delay.
“That itself will open up the case. Now the situation is such that most of the irregular transactions highlighted by the AG’s Department gets into reports and these are filed somewhere.

These cases need to be addressed then and there. The authority to compel it to be done is bound to alarm the offenders and act as a deterrent,” Mr. Mayadunne said and added that the need for the AG to speak to the media freely was also very important.

“I strongly believe that exposing corruption and malpractice together with the names of those involved will be the best solution in combating this problem. We need a strong framework to safeguard our public property”, he said.


A small step in countering frauds in state institutions
The newly set up corruption watchdog group has gathered information alleging financial malpractices against at least three ministers and several important government institutions, the group’s convenor Elle Gunawansa Thera said.

He said the group consisting of persons drawn from all walks of life and calling itself the National Observation Committee on Corruption, which began work last month has in a few days been inundated with information regarding large scale acts of fraud and corruption by politicians and state-run institutions including minor acts of misuse of state funds.President Mahinda Rajapaksa too has pledged his fullest co-operation and directed his Secretary to attend meetings of the committee on corruption and promised follow up action subsequent to a proper inquiry of information provided by the Committee.

The Thera revealed that some of the institutions against which there were many allegations include the Customs Department, the Ports Authority, the Registration of Motor Vehicles Department (RMV), the Immigration and Emigration Department and the Ceylon Electricity Board (CEB).

“We are gathering information and will verify their authenticity before handing over the files to the President”, Ven. Elle Gunawansa Thera said.
The Thera lamented the lack of civic consciousness among the Sri Lankan public who thought it best to confine themselves only to the duty of casting their vote and thereafter were not interested in demanding that the candidates whom they elected kept the pre election promises.
Ven. Gunawansa Thera said corruption and waste has been happening over the years under different governments but the situation was now growing worse by the day.

He said what the trade unions and other organisations were doing was to make individual demands such as for better pay or better working conditions but no one was taking to the streets to protest against corruption, waste, inefficacy and the plunder of national resources such as water and forests.
“The problem is no one seems to own this country. They all live like boarders in their ten perches of land and don’t care what happens outside their walls”, he said adding that a national re awakening was needed to tackle these issues before they go further out of control.

When asked how effective such a Committee would be in fighting corruption, Ven. Gunawansa Thera said their attempt was similar to an “ath behetha” for a deep-rooted cancer that had spread all over and not a major surgical operation that could cure the disease.

“The problem of corruption is a very serious one in this country. It is time the public woke up to this reality and reacted to pressurise those in high authority to curb this menace. Their civic duty must not end with casting the vote” Rev. Gunawansa Thera told The Sunday Times.

Those wishing to give details of financial and other irregularities can hand over the information to the Dharmaaytanaya at Bauddhaloka Mawatha, Colombo or send the details by post. The Thera said all information provided would be treated with the strictest level of confidentiality.

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