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. |