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Judgment day for businessmen in 'fishy R250m VAT scam'

Cape Town businessmen who allegedly defrauded the SA Revenue Service of more than R250-million and splurged it on an aeroplane‚ farms and luxury cars will hear their fate on Monday.

Company director Johan van Staden‚ chartered accountant Marc Schoeman and four others face 192 counts in the Cape Town High Court‚ ranging from fraud‚ racketeering and forgery to reckless trading. They allegedly claimed more than R280-million in fictitious VAT refunds between 2005 and 2008 and got more than R250-million.

They have been on trial since March last year‚ and the court will hand down judgment on Monday.

Schoeman allegedly pocketed R37-million‚ and National Prosecuting Authority spokesman Eric Ntabazalila said the money was spent on more than 80 cars including Porsches and BMWs. He also bought about 50 motorcycles.

“The state alleged that Mr Johan van Staden used the money to buy assets including two farms‚ numerous vehicles including luxury vehicles‚ game and an aeroplane as well as other assets for himself which were registered in his family trust‚” said Ntabazalila.

Van Staden allegedly chartered a luxury jet for a holiday in Mauritius with his family. He took some of his employees to watch the 2007 Rugby World Cup in France.

Investigations revealed that the group ran a multi-million rand fishing company‚ Indo-Atlantic Group‚ as a front to submit false VAT returns.

 According to the evidence before court‚ the group:

- Falsely told SARS that it exported more than R3-billion worth of fish between January 2006 and October 2008;

- Requested quotations from service providers as well as tax invoices‚ which it used to substantiate the VAT claims;

- Used invoices of a rental property which it never paid; and

- Claimed VAT for the purchase of two fishing vessels it never bought.

“The state alleges that the accused created invoices in the name of a company called Isotherm Fishing (Pty) Ltd in order to substantiate input VAT claims. Isotherm Fishing (Pty) Ltd ceased to exist before the invoices were issued‚” Ntabazalila said. “No record on any such sales exists and the invoices are clear fabrications.”

 

TMG Digital/Cape Town Bureau

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