Tuesday, November 5, 2013

Isreali Bank Depositor Pleads to Conspiracy (11/5/13)

According to a DOJ press release, here, yesterday, David Raminfard pled guilty to one count of defraud / Klein conspiracy related to his deposits, through a nominee Turks & Caicos entity, in an Israeli Bank.  

Key facts:

Defendant:  David Raminfard
Count of Conviction (By Plea):  Conpiracy
Maximum sentence: 60 months.
Tax Loss:  $145,880 (estimated based on omitted income times 28%)
High balance in account:  $3 million (app.)
FBAR Penalty: 50% of high balance.
Court: CA-CD
Judge: ________________

Key excerpts from the press release are:
According to court documents, Raminfard, a U.S. citizen, maintained undeclared bank accounts at an international bank headquartered in Tel Aviv, Israel, identified in court documents as Bank A. The accounts were held in the names of nominees in order to keep them secret from the U.S. government. One of the accounts was held in the name of Westrose Limited, a nominee entity formed in the Turks and Caicos Islands. To further ensure that his undeclared accounts remained secret, Raminfard placed a mail hold on his accounts. Rather than having his account statements mailed to him, Raminfard would receive them from an international accounts manager with Bank A in Israel, who brought the statements to Los Angeles and reviewed them with Raminfard during meetings at a hotel. 
In or about 2000, Raminfard began secretly using the funds in his undeclared accounts as collateral for back-to-back loans obtained from the Los Angeles branch of Bank A. Raminfard used one of the loans to purchase commercial real estate in Los Angeles. By using back-to-back loans, Raminfard was able to access his funds in Israel without the U.S. Government finding out about his undeclared accounts. These loans also enabled Raminfard to claim the interest paid on the loans as a business expense on his companies' business tax returns, while not reporting the interest earned in Israel as income on his individual income tax returns filed with the IRS. For tax years 2005 through 2010, Raminfard failed to report approximately $521,000 in income. The highest balance in Raminfard's undeclared accounts was approximately $3 million. 
Raminfard is the latest in a series of defendants charged in the U.S. District Court for the Central District of California with conspiring to defraud the United States in connection with using undeclared bank accounts in Israel to obtain back-to-back loans in the United States. 
* * * * 
Raminfard faces a potential maximum prison term of five years and a maximum fine of $250,000. In addition, Raminfard has agreed to pay a civil penalty to the IRS in the amount of 50 percent of the high balance of his undeclared accounts for failing to file FBARs.


  1. Tax Loss: $145,880 (estimated based on omitted income times 28%) Jack, sorry but I don`t think 28% is correct even with filing MFJ for $521,000 of omitted income since all deductions or adjustments have already been taken.

  2. 28% is the Guidelines presumptive rate if a more accurate determination cannot be made. See SG 2T1.1(c)(1), Note. http://www.ussc.gov/Guidelines/2012_Guidelines/Manual_HTML/2t1_1.htm

    You are, of course, correct that the parties may be able to make a more accurate calculation in which case it is likely that the effective tax rate may be higher.

    Thanks for the comment.

    Jack Townsend


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