Latest news with #malfeasance
The National
13 hours ago
- Business
- The National
Whistle-blowers must report tax fraud judiciously but also be protected
You cannot get into business without accepting that you have entered a competitive space. Therefore, it is reasonable to expect that all players operate within the law. Legally mandated periodic regulatory reporting and the knowledge that an external audit by an empowered body can occur at any time should be enough to ensure that no one cheats. Unfortunately, cheating happens. Even the clearly communicated punishments for doing so never seem to be sufficient to deter bad behaviour. Legally, you must fail two tests. They are, and to reinforce how dim a view is taken of this, I am using the legal Latin terms, mens rea and actus reus (meaning: guilty mind and guilty act). You need to think about committing an offence and then act on that thought. So far, we are talking about malfeasance being uncovered by a non-trading external body. Today, in the light of a recently issued Federal Tax Authority (FTA) guide, I wish to address the mechanism in place for all other actors that might likewise reveal potential illegal activity. I say potential because tax law is very complex in parts, and it is not impossible that someone might misunderstand a situation or treatment they have witnessed, and then innocently report it. Issued in December 2024, a whistle-blower programme for tax violations and evasion represents the first detailed approach to the issue. I addressed this topic in a more general way in an article published by The National on April 29, 2017, as VAT was being launched. There was no formal programme then to protect whistle-blowers but their impact could be imagined. Particularly worrying was the potential for aggrieved personnel who were returning to their home countries unleashing a litany of allegations to the relevant authorities. Trying to sift through that reported in anger would be a challenge. Also, now abroad, a person might assume that there would be no consequences to their actions. Understand that this new regime does not just relate to people, but to any juridical entity. I might have used a different word than informant, which represents the reporting party. While the word is absolutely accurate, language changes over time based on its usage and television has not been kind to the general perception of what an informant is and what often happens to them. The guidance lists two categories of information they are interested in. Firstly, there is suspected tax evasion, which includes anything from registering with false information to submitting returns that are manipulated to reduce or mitigate any payable tax. Secondly, there is non-compliance – from falsifying invoices, be it with incorrect amounts or use of a different currency, to trading under the counter for cash and keeping such transactions off the business's financial accounts. This is clearly identifiable fraudulent activity. An approach may be rebuffed if it is considered insufficient to prosecute. However, this does not prevent further approaches if additional and more substantial evidence is collected and presented. In presenting their evidence, the informant must clearly identify themselves. This will naturally remain confidential. Importantly, should any legal proceedings commence, the informant will remain unnamed. Two interesting things follow. One is whether the prosecuted party is made aware that their actions were uncovered and reported by a person or a juridical entity. Clarity on this element would be useful. Second is the matter of a monetary reward. A non-disclosure agreement is signed as part of this process. Any reward would be paid subsequent to a successful prosecution and collection of monies due. There are specifics worth reviewing, although it might be hoped that any reports made would be from a desire to see fairness than the prospect of a monetary windfall. The informant's involvement ends as action is being taken. No updates are provided on the nature of the continuing case, which would seem to be a sensible protocol. For someone to step forward and provide information about the actions of another creates on them a burden, which must be co-shouldered. Hence, the receiving party provides for protections where it's accurate and in good faith. The submission is made using the FTA portal and the process is well documented. I finish by highlighting this because the FTA document is, and I quote, 'not a legally binding document and is not intended to provide comprehensive details associated with taxes and is not intended for legal reference'. Either protection exists or it does not. I am not a solicitor, but for someone to agree to fall backwards, they must be certain that they are falling into the arms of safety.
Times
22-05-2025
- Times
New Orleans jailbreak: escaped inmates still on the run — latest
A New Orleans jail employee arrested on suspicion of aiding the escape of ten inmates claims he was forced to help or else he would be 'shanked'. Sterling Williams, 33, a maintenance worker, has been charged with ten counts of principal to simple escape and one count of malfeasance in office in connection with the breakout on Friday. The Louisiana attorney-general's office said Williams admitted turning off the water stream to a toilet so the inmates could remove it and squeeze through a hole in a wall behind it. Williams said one of the escapers had threatened to 'shank' him if he did not turn off the water, according to an arrest affidavit. Williams's lawyer said he intends to plead not guilty. Police allege in
Fox News
20-05-2025
- Fox News
Jail worker claims inmates threatened to 'shank' him during Orleans Parish escape: report
The Orleans Parish Jail maintenance worker arrested in connection with the escape of 10 inmates from that jail on Friday reportedly said he was threatened with violence by the escapees before helping them get loose. Sterling Williams, 33, an employee of the Orleans Parish Sheriff's Office (OPSO), has been arrested and charged with 10 counts of principal to simple escape and malfeasance in office, according to a Tuesday morning statement from Attorney General Liz Murrill's office. Murrill said that Williams turned the water off in the cell the inmates escaped from, and that instead of reporting the inmates, he helped them. However, according to an Associated Press report, Williams claimed in his arrest affidavit that the escapees threatened to "shank" him if he didn't aid them in their breakout. He reportedly told police that one of the escaped inmates tried to take his phone and "get him to bring a book with cash app information." OPSO did not immediately return a comment request. The release said that he was booked into the Orleans Parish Jail, the same one from which he allegedly helped the inmates escape, but that he will be transferred to a different facility. "This is a continuing investigation, and we will provide updates as often as possible. We will uncover all the facts eventually and anyone who aided and abetted will be prosecuted to the full extent the law allows. I encourage anyone who knows anything and even those who may have provided assistance to come forward now to obtain the best possible outcome in their particular case," said Murrill. Ten inmates escaped from the prison early Friday morning, and six remain on the run as of midday Tuesday. The most recent arrest came on Monday night. Gary C. Price, 21, who was in jail awaiting trial on multiple counts of attempted murder, was captured by the Louisiana State Police (LSP). LSP said Tuesday morning that Price was arrested in New Orleans East by their detectives and a SWAT team. He was flown by helicopter back to jail. However, the escapee who is considered most dangerous is Derrick Groves, 27, who remains at large. He was convicted of killing two men on Mardi Gras in New Orleans' Ninth Ward in 2018, and was in the jail awaiting sentencing for the crime. According to court documents obtained by Fox News Digital, Groves was indicted federally on nine counts of possession of heroin with intent to distribute, eight counts of possession of a firearm in furtherance of drug trafficking, six counts of obstruction of justice and two counts of drug trafficking conspiracy. On Monday, Orleans Parish District Attorney Jason Williams said he and his prosecutors feared retribution from Groves and the other escapees. He said that as soon as he learned of the escape, he notified prosecutors who had tried cases against the suspects and coordinated with the New Orleans Police Department (NOPD) to get them out of town. "I am personally afraid, not just for myself but for my lawyers who tried the case against the individual twice," Williams said during a news conference, referring to Groves. Williams reportedly tried Groves twice, and the convicted killer was tried a total of three times in New Orleans. He was first convicted given two life sentences for killing two on Mardi Gras Day in New Orleans' Ninth Ward in 2018. One of the convictions was then overturned, leading to a second trial that ended in a mistrial. A third trial saw Groves convicted unanimously. "We were asking for a life sentence of this man, and he is now at large," Williams said. "Two of the lawyers who I tried that case with, who successfully went forward and [were] able to get a conviction in that case, these lawyers got out of town this weekend with their families out of fear of retribution."
BBC News
20-05-2025
- BBC News
Maintenance worker arrested for assisting New Orleans jail break
Police have arrested a maintenance worker at the New Orleans jail for helping ten inmates break out of the US facility last week, Louisiana's attorney general has worker, identified as 33-year-old Sterling Williams, was arrested on Monday night, according to the BBC's US partner CBS News. Mr Williams is accused of turning off the water to the cell that was used for the escape, which involved removing a toilet from the wall. The inmates escaped from the Orleans Parish Jail in the early hours of 16 May. Three were captured later that day, and a fourth was apprehended on Monday. Police earlier said several of the detainees were facing charges of murder and other violent Attorney General Liz Murrill said in her statement that Mr Williams "admitted to agents that one of the escapees advised him to turn the water off in the cell where the inmates escaped from"."Instead of reporting the inmate, Williams turned the water off as directed allowing the inmates to carry out their scheme to successfully escape," she added. Mr Williams is facing 10 counts of a charge known as principal to simple escape, and another of malfeasance in office. He is yet to comment Murrill said the investigation was ongoing, and that authorities would "uncover all the facts eventually and anyone who aided and abetted will be prosecuted to the full extent the law allows". "I encourage anyone who knows anything and even those who may have provided assistance to come forward now to obtain the best possible outcome in their particular case," she said. Sheriff Susan Hutson earlier said that the inmates yanked the sliding door from their jail cell off its tracks at 00:23 in the early hours of Friday morning (05:23 GMT).Separately, they later ripped the toilet off the wall and broke metal bars around a hole used for piping that was exposed by the missing group then made their escape by climbing down a wall and running across a highway, the sheriff sheriff's office released images of the hole in the wall, which shows what the piping fixture looked like before the toilet was ripped out. The photos note that "there are clean cuts" on the metal images also show messages and drawings on the wall apparently left behind by the inmates, including the words "To (sic) Easy LoL" with an arrow pointing to the hole, and a smiley face with its tongue out. Another message, partially smudged, appears to tell officers to catch the inmates when they prison is located near the centre of New Orleans, around 3km (2 miles) from its famous French Quarter.
Reuters
20-05-2025
- Reuters
New Orleans jail worker arrested, accused of helping inmates escape
May 20 (Reuters) - A maintenance worker at a New Orleans jail was under arrest, accused of helping 10 inmates escape last week, including some accused of murder, Louisiana Attorney General Liz Murrill said on Tuesday. The worker, Sterling Williams, 33, admitted to agents that he turned off the water supply to a cell at the request of one of the inmates, Murrill said in a statement on Tuesday. That allowed the escapees to tear a sink and toilet off the wall, creating a hole through which they fled. Instead of reporting the inmate, Williams did as he was asked, "allowing the inmates to carry out their scheme to successfully escape," the statement said. According to the arrest warrant affidavit, Williams said that one of the inmates threatened to cut him with a "shank" - or a homemade knife - if he failed to comply. It was unclear whether Williams was represented by an attorney. Williams, who worked in maintenance at the Orleans Parish Sheriff's Office, was arrested on Monday, said Lester Duhe, a press secretary for the attorney general, who described the investigation as ongoing. He was booked at Orleans Parish jail, then relocated to another facility and charged with 10 counts of simple escape and malfeasance in office. Since the escape, four of the inmates have been captured, and a manhunt continues for the other six, authorities said. The Orleans Parish Justice Center, which mostly holds people awaiting trial or sentencing, discovered the inmates, ages 19 to 42, were missing during a routine head count on Friday morning, officials have said. The escapees broke out around 1 a.m. They first pulled a sliding cell door off its tracks, then breached a wall by ripping away the toilet and sink, Orleans Parish Sheriff Susan Hutson said on Friday. Security video captured the men fleeing via a loading dock, scaling a wall and running across a nearby highway, she said. In the affidavit, authorities placed the blame squarely on Williams. "If the inmates removed the sink in the cell and disconnected the rest of the plumbing with the water still on, the plan to escape would not have been successful," it said.
