Interesting Complaint in FBAR Collection Suit (5/14/21)

In an original willful FBAR collection complaint filed in United States v.Beyder (D. N.J. Dkt. 3:21-cv-10864 5/6/21 ), here, the following interesting allegations are made:

17. Larisa Beyder has refused to provide bank statements for the BSI ‘999 account. 

18. Larisa Beyder’s father was indicted in 2010 and later pled guilty for a criminal offense related to a failure to file FBARs. Larisa Beyder was the Third-Party Custodian for her father while he awaited sentencing. Larisa Beyder had her BSI ‘999 account at this time. 

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30. Eduard Beyder has refused to provide bank statements for the BSI ‘453 account.

31. Eduard Beyder’s father-in-law was indicted in 2010 and later pled guilty for a criminal offense related to a failure to file FBARs. Eduard Beyder had the BSI ‘453 account at this time. 

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33. On May 9, 2019, a delegate of the Secretary of the Treasury assessed civil penalties against Larisa Beyder under 31 U.S.C. § 5321(a)(5) in the amounts of: $258,851 for 2006; $258,851 for 2007; $248,070 for 2008; $248,070 for 2009; $200,566 for 2010; and $152,344 for 2011, for a total assessed amount of $1,366,752. 

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37. As of April 12, 2021, Larisa Beyder is indebted to the United States with respect to the penalties described in Paragraph 33, above, in the amount of $1,549,185.31, plus statutory additions that continue to accrue thereafter as provided by law. 

38. On May 14, 2019, a delegate of the Secretary of the Treasury assessed civil penalties against Eduard Beyder under 31 U.S.C. § 5321(a)(5) in the amount of $100,000 per year for each of the 2007 through 2011 calendar years, for a total assessed amount of $500,000. 

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42. As of April 12, 2021, Eduard Beyder is indebted to the United States with respect to the penalties described in Paragraph 38, above, in the amount of $566,835.62, plus statutory additions that continue to accrue thereafter as provided by law.

JAT Comments:

1. The allegation refusal to provide BSI account statements is odd.  BSI entered the DOJ Swiss Bank Program.  Swiss Bank BSI SA Is First to Get NonProsecution Agreement; Pays $211 Million (Federal Tax Crimes Blog 3/31/15), here.  I thought a key condition of the program was to cooperate and provide documents, as well as testimony.  Moreover, I suppose, the Government can obtain them from the defendants in discovery, that is if the defendants have or have access to them.

2.  According to the allegations in the complaint, the defendants failed to report FBAR reportable accounts for 2010 and 2011, after the father and father-in-law, respectively was indicted in 2010 for failure to file FBARs.  No surrounding facts are pled.  But, I suppose that, in those circumstances, it would be hard for the defendants to assert that they did not know of the FBAR filing obligation and the need to report all reportable accounts.