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46401

registered interest
date	01/04/2014
answering body	HM Treasury
answering dept id	14
answering dept short name	Treasury
answering dept sort name	CaTreasury
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government on how many occasions an action under the Proceeds of Crime Act 2002 has also been investigated by HM Revenue and Customs to ensure that tax has been paid by the individuals concerned.
tabling member printed	Lord Mendelsohn
uin	HL6498
answer	answer is ministerial correction date of answer 14/04/2014 answer text <p>Actions under the Proceeds of Crime Act (2002) (POCA) could include a variety of different provisions within the Act. For instance, the use of POCA investigative powers, a prosecution for a POCA money laundering offence, the use of criminal confiscation following conviction, the use of POCA civil recovery procedures or financial intelligence received by way of the Suspicious Activity Reporting (SAR) regime.</p><p> </p><p>Where a law enforcement agency has suspicions of tax evasion it is up to that agency to refer the matter to HMRC to review and investigate as appropriate, using civil or criminal powers. HMRC does not keep a record of how many such referrals are made to them.</p><p> </p><p>Where HMRC is the investigating agency conducting the POCA actions, they routinely also assess the correct tax position and seek to recover outstanding amounts</p><p> </p> answering member printed Lord Deighton question first answered 14/04/2014 12:00:00 answering member 4262 label Biography information for Lord Deighton
tabling member	4286 label Biography information for Lord Mendelsohn

45994

registered interest
date	31/03/2014
answering body	HM Treasury
answering dept id	14
answering dept short name	Treasury
answering dept sort name	CaTreasury
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what guidelines are followed by HM Revenue and Customs and the Crown Prosecution Service in determining whether to investigate or prosecute VAT carousel fraud.
tabling member printed	Lord Mendelsohn
uin	HL6472
answer	answer is ministerial correction date of answer 09/04/2014 answer text <p>HM Revenue and Customs (HMRC) seek to disrupt VAT carousel (Missing Trader Intra-Community - MTIC) fraud using both civil and criminal interventions.</p><p> </p><p>When using criminal action HMRC seek to investigate the 'guiding minds' behind MTIC fraud, as well as, selectively, other participants, including key enablers.</p><p> </p><p>Such cases are notified and referred to the relevant independent prosecutors. The final charging decision is made by the prosecuting agency, based on the evidence presented as a result of the HMRC investigation. Cases in England and Wales will be referred to the Crown Prosecution Service (CPS).</p><p> </p> answering member printed Lord Newby question first answered 09/04/2014 12:00:00 answering member 1916 label Biography information for Lord Newby
tabling member	4286 label Biography information for Lord Mendelsohn