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Civil Recovery wins $9.3 million PDF  | Print |  E-mail
Written by Richard Green/richard@fptci.com   
Thursday, 02 February 2012 11:41

The Civil Recovery Team has won a $9.3 million judgment for the Turks and Caicos Islands against the buyer and seller of Emerald Cay for underpaid stamp duty on the transaction.

Justice G.W. Martin had awarded the government a $1.25 million judgment in June against American billionaire Timothy Blixseth’s company, Emerald Cay Ltd., and Gary di Silvestri’s company, Worldwide Commercial Properties Ltd., for underpaid stamp duty on the 2006 transaction of $28 million for the 30,000-square-foot mansion on the south side of Providenciales.

Martin called the sale “a carefully crafted scheme of tax evasion,” saying it could not have happened without lawyers drafting and backdating documents. The judge invited the Attorney General to investigate the actions of lawyers in the case.

On Jan. 30, Chief Justice Edwin Goldsbrough upheld Martin’s ruling but said Emerald Cay and Worldwide must also pay a $7 million penalty for underpaying stamp duty. The judge tacked on interest of $571,118 from Nov. 30, for a total of $9,291,758, but subsequent interest of 6 percent per annum must also be paid.

“We are delighted to have obtained this judgment, which underlines the commitment the government has to ensuring stamp duty is paid, and to pursue those who do avoid stamp duty,” said Attorney General Huw Shepheard, whose chambers along with the Civil Recovery Team brought the action. “It is another very good result for the Civil Recovery Team and very tangible evidence of the progress being made by them.”

Blixseth’s U.S. lawyer, Michael Flynn of Boston, could not be reached for comment at press time, but he has told the fp that Blixseth was an innocent foreign purchaser who relied on di Silvestri and his lawyers to determine how much stamp duty to pay.

Blixseth is suing di Silvestri, Angelica Morrone, Southaven Ltd. and ITAL Swiss Investments Ltd., for nearly $10 million in U.S. District Court in Miami over the transaction.

Flynn has said that Blixseth is willing to pay his share of the lawful amount of stamp duty but that he would fight “to the highest court in London” paying any other damages.

Click HERE to read Goldsbrough's January 2012 ruling

Click HERE to read Martin's June 2011 ruling

Click HERE to read Blixseth's lawsuit against di Silvestri

Photo: Emerald Cay on the island of Provdenciales, Turks and Caicos Islands

 

 

 

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