'Help! Am I A Target or A Witness?': What Service Providers Should Do When Investigators Request Client Information
This session will navigate the offshore and onshore service provider through the stormy waters encountered when a foreign tax or criminal authority comes knocking on your door requesting information or interviews.
With information now readily at the fingertips of tax authorities, through FATCA, CRS, TIEA, etc., it might be only a matter of time before you receive a request for disclosure of client information. That information usually fuels a more in-depth investigation into your client.
Foreign tax authorities are increasing their efforts to stop tax evasion in their home jurisdictions, providing unparalleled funding and manpower to support enforcement efforts.
What should you do when they knock on your door? Do you co-operate voluntarily? How do you keep yourself in the "witness camp" and avoid becoming a "target" of their investigation. Do they already know all of the answers (thanks to undercover agents or whistleblowers)? How do you square the circle of voluntary co-operation versus client confidentiality? How do I get paid? What are the legitimate legal challenges that can be raised in your defence?
Partner, BakerHostetler (Washington, D.C.)
Managing Partner, Dougherty Quinn Advocates (Isle of Man)