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UK deportation for first-ever FATCA conviction

By Kirsten Hastings, 25 Feb 19

Former banking boss pleaded guilty to conspiring to defraud the US

A British national has been shipped back to Blighty by US Immigration and Customs Enforcement (Ice) after he was convicted of assisting American citizens avoid the Foreign Account Tax Compliance Act (Fatca).

As part of his guilty plea, Adrian Baron was handed a judicial removal order.

On 24 January, he was sentenced to time served, receiving credit for the period spent in custody in Hungary ahead of his extradition to the US, and fined $25,000 (£19,135, €22,050).

A day later he entered Ice custody ahead of his removal to the UK.

Deportation officers from Ice’s Enforcement and Removal Operations (ERO) division put Baron on a commercial flight from New York’s John F Kennedy International Airport on 15 February.

His destination was London.

Defrauding the US

“Baron was brought to the US to face prosecution for his criminal actions,” said Thomas Decker, field office director for ERO New York.

“His offence, though non-violent, defrauded the US and did not comply with our laws. Now, after facing justice here, he has been removed from our country.”

Decker added that removing criminals from the US “is an important and necessary duty, and we will continue to do so according to our nation’s laws”.

Baron’s crime

The former chief business officer of Loyal Bank pleaded guilty to conspiring to defraud the US on 11 September 2018, after he was extradited from Hungary in July 2018.

According to court documents, an undercover FBI agent met with Baron in June 2017. He explained that he was a US citizen involved in stock manipulation schemes and was interested in opening multiple corporate accounts with Loyal Bank.

The undercover agent informed Baron that he did not want to appear on any of the documents.

Baron informed him that the bank, which has operations in Hungary and St Vincent & the Grenadines, could help him out.

The pair met a second time a month later; at which time the undercover agent specifically mentioned the need to circumvent Fatca, which was introduced in 2010 and requires foreign financial institutions to identify US customers and report information about their accounts to the US tax authorities.

It’s aim is to identify potential tax avoiders and evaders.

Baron confirmed that Loyal Bank would not submit a Fatca declaration to regulators unless the paperwork indicated “obvious” US involvement.

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International Adviser covers the global intermediary market that uses cross-border insurance, investments, banking and pension products on behalf of their high-net-worth clients. No news, articles or content may be reproduced in part or in full without express permission of International Adviser.