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Hedge fund founder at heart of trial over £1.4B tax scam

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Hedge fund founder Sanjay Shah was accused of being the mastermind behind a “meticulously pre-planned” Cum-Ex trading scheme that defrauded the Danish government of £1.4 billion ($1.7 billion) at the start of London civil trial. 

Danish tax agency Skat is suing dozens of traders and businesses in a bid to claw back the billions it was defrauded of through the controversial tax trading strategy that’s roiled the European finance industry for years. Separately, Shah who founded Solo Capital Partners, is in the middle of a Danish criminal trial and faces years in jail if he’s found guilty.

Cum-Ex was a tax-driven trading strategy in which a global network of bankers, lawyers and agents exploited loopholes on dividend payout laws across Europe to reap duplicate tax refunds. Roughly 1,800 people are still under investigation in Germany and a total of nine have been charged in Denmark.

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Sanjay Shah in Dubai

Christopher Pike/Bloomberg

Shah made fraudulent misrepresentations through his firm as part of its applications for a “refund” of dividend tax between 2012-2015, Skat’s lawyers said in documents prepared for the yearlong trial. Shah “masterminded” the scheme with the help of brokers, lawyers and advisers to facilitate it. Shah has consistently maintained his innocence. 

“The whole purpose of the arrangement was to enable these purported trades without anyone having to pay any money at all,” Laurence Rabinowitz, Skat’s lawyer, said Monday in court. “The reality is that steps taken by all participants were prearranged and in fact closely correlated to someone within the Solo group.”

They alleged that the defendants identified eligible applicants for refunds, manufactured sham trading, made fraudulent applications and then concealed or laundered their proceeds. 

The tax refunds were “facilitated by meticulously pre-planned and coordinated trading, which was specifically designed to involve no delivery of any shares or cash at any time,” said lawyers for Skat in court documents.

Shah introduced many of his friends, family and associates to the trading strategy to get them involved — including short sellers, stock lenders and brokers. Among the key players, some were close friends from college, relatives of former Solo employees, or associates he had known “for years”, according to Skat’s court filings.

Shah is set to give evidence during the trial via a video link from Denmark where he was extradited to from Dubai. He “held a positive, honest belief that the trades were valid,” his lawyers said in court filings. 

“The complexity of the trade does not prove dishonesty,” Nigel Jones, his lawyer, said. “He thought that Cum-Ex trading worked.”

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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