NOTES REGARDING SCAM/FRAUD PERPETUATED IN THE NAME OF THE AUSTRALIAN TAXATION OFFICE. INCIDENT 1 - NOTES REGARDING SCAM/FRAUD - 12/5/2015

Transcription

1 NOTES REGARDING SCAM/FRAUD PERPETUATED IN THE NAME OF THE AUSTRALIAN TAXATION OFFICE. I sent a similar letter regarding what I see as current scams being perpetuated against clients to the Australian Taxation Office (ATO). INCIDENT 1 - NOTES REGARDING SCAM/FRAUD - 12/5/2015 Client received a telephone call from the ATO demanding payment for a debt. The call came from telephone number at about am. The caller was very aggressive and demanding in his nature and spoke with an Indian accent. The client then rang me to query why I had not advised him of an ATO tax audit as I was his tax agent. Client advised that someone from the ATO had rung stating:- That the client had failed to responded to a previous audit request. That the audit was for the period 2008 to That his tax returns had been amended. That the client had defrauded the ATO of revenue. That the client was threatened with immediate police arrest if he did not pay an amount of $4,986 immediately. The caller provided the client with bank details:- BSB , Account No At 12.27, the client in a panic then transferred the funds. The Client asked the caller what the audit was for? He was told that it was not the caller s department so could not provide any details. That the debt must be paid now. The client was advised to immediately go to the bank and withdraw the money in cash. The client stated he could not do so but could electronically transfer the money. The money was transferred at 12.27pm through internet Netbank. I advised that the call was a scam and to immediately contact his bank and cancel the transaction. To report to the bank that the call was a scam/fraud. The client contacted his bank (CBA). I also advised that he come to my office immediately. When the client arrived, I checked on the ATO Tax Agent s Portal for the client s details. There was no debt owed to the ATO. No amendments had been made and no correspondence relating to an audit. The last debt to the ATO having been paid in Whilst the client was with me the caller rang 4 times. I answered the call on the 4 th time and told the caller that he was a scammer and to stop bullshitting. I contacted the ATO switchboard and was advised that the ATO had known about the scam for some three weeks. The ATO also advised of another scam number That the client should report the matter. The ATO advised the client to contact the Tasmanian Police, ACORN and ACCC Scamwatch to report the scam. 1

2 I checked the phone number on website:- to find that the number was known as a scam number. You can also check website I ed my professional association for other tax agents to be aware of the scam. 14/5/2015 At 9.30 am the client came to my office to provide me with further details ie bank account details of the scammer. Whilst the client was with me I contacted the ATO Tax Evasion Line to report the fraud by someone pretending to be from the ATO. They checked details to confirm that no debt was owed to the ATO, that there had not been an audit of the client. A reference number for the call was provided. I also advised the client to contact ACORN to lodge the fraud details. The client had already contacted the Police. The CBA advised that an investigation will take place and may take 6 weeks to finalise and get his money back (if possible). I checked the internet and found the bank BSB belongs to the Commonwealth Bank, 240 Queen Street, Brisbane, QLD Contacted Federal Police re the scam. But, as the Commonwealth was not defrauded, they cannot assist. The officer advised that this was the third incident this week. The responsibility lies with the Tasmanian Police. Officer advised that the client monitors their bank account to ensure no withdrawals. INCIDENT 2-27/5/2015 Client received a text message from the ATO Hi, (Client s name), remember to pay your 2014 tax bill. Go to ato.gov.au/howtopay. I rang the ATO to discover that these text messages had actually come from the ATO. The text messages were sent randomly and in bulk. I spoke to an ATO officer (Lodgements) and to (Complaints) at the ATO. I advised that the client did not have to lodge a tax return since being the last tax return lodged. I advised that the client had recently been scammed by so called ATO and that the client was very upset with the text message. Especially as he did not have a 2014 tax debt nor needs to lodge a 2014 tax return. INCIDENT 3 - NOTES REGARDING SCAM/FRAUD - 19/5/2015 Client received a telephone call from the ATO demanding payment for a debt. The call came from telephone number this morning. The caller was very aggressive threatening and demanding in his nature and spoke with an American accent. The client did not hear the phone ring at the time, but, a message was left on the answering machine. 2

3 The gist of the phone call was that the client was to immediately ring back on the above number. That the caller was from ATO Melbourne CDPP. (Commonwealth Director of Public Persecutions). That the client was about to be arrested as they had an arrest warrant. That the client was now under surveillance and that she was not to leave the house. I advised that the client should send an to ACCC Scam Watch. INCIDENT 4 - NOTES REGARDING SCAM/FRAUD - 28/5/2015 Client rang and then ed me of an attempted scam. Further to your conversation with Client this morning, the following is the message left on our home phone yesterday 27 May 2015 at am: This is Robbie King and I m calling you from Australian Taxation Office, that s the Headquarters in Canberra. The reason behind this call is to notify you that we have filed a legal petition notice against your name concerning tax evasion and tax fraud, so if you want any further information about your case file before you face any legal consequences, make sure you give us a call back as quick as possible on our direct phone number to the Australian Taxation Office headquarters that is I again repeat the number, it is If we don t receive a call from you... the message fades out and ends here. INCIDENTS 5 - OTHER KNOWN ATTEMPTS (1) We, at this business had an attempted scam (the week before) with someone purporting to be from the ATO regarding the payment of a debt. But they refused to provide ABN or tax details. I asked for their name and extension number. They gave a name and the ATO switchboard number I mentioned that this was a switch board number. They stated that they were known. I stated that there were over 20,000 employees. He refused to provide an extension number. I told him that he was a scammer at which time he appeared to become aggressive and I hung up. I checked the name through the switchboard and found an officer with a similar name different spelling. That officer was not at his desk and had not been in all morning. I was referred to another officer who took details. There was nothing on our tax or ABN account to show that someone had just called. I received a reference number for the call. (2) I have also heard of an incident whereby an ATO scammer threatened an elderly lady with sending the Bailiff to seize her goods if she did not pay an alleged ATO debt. The poor lady locked herself in her house for days and would not leave the house out of fear. Her family had to break into the house. I have spoken to other tax agents some of whom have also had clients being contacted with by these scammers. Overall Questions I asked of authorities I contacted the ATO switchboard and was given an to send the details (Report fraud@ato.gov.au). 3

4 I rang the ATO again to see if the number was an ATO number it was not. With the first incident, I queried the ATO as to if they knew the telephone number was a scam (ATO knew of this scam for 3 weeks). Why had they not done anything about stopping the scams? With the second incident, the ATO officer I spoke to said that there had been a spike in reports especially in WA. There were several numbers used. Some of these scams had been going since Christmas Why had they not done anything about stopping the scams? I spoke to the Federal Police and was advised as there was no fraud against the Commonwealth then not their business. I queried what about the misuse of a Commonwealth Department/Authority s name in the committing of a scam. As it is an individual then a State Police matter. Trouble is the scam is often perpetuated in another state and Police jurisdiction. Trouble in co-ordination and appears too much trouble. What about a charge of impersonating a Commonwealth Officer? Impersonating a government official in creating a fraud using the ATO as an instrument in creating, carrying out the fraud/scam. It appears that they may be up to 20,000 numbers associated with the main scam numbers. They have one number linked to many other numbers so that they can bulk call. When someone answers they carry out the scam. The other calls when answered are dead calls blank. Surely Telstra or the Communications Ombudsman or some authority can shut down these numbers? One of the telephone numbers is very similar to Canberra Government Offices numbers ( ). Current known scam numbers are: , , , Will the ATO Tax Evasion Unit now investigate the account for tax evasion on income earned by the scammers? And, possible requirement to pay GST. It is income to someone even if the income is illegal/scammed/fraudulent. Why is it that no authority appears interested in doing anything? Just reporting the incident. I contacted a local radio station but they were not interested. As they now have the bank details will they now seize and close the bank account? The ATO stated that they could not do anything????? Why has the Commonwealth Bank allowed money being sent/directed to the ATO to be diverted to a private bank account? What about seizure by a commonwealth or state authority as proceeds of crime? There appears to have been little advertising in the media about these scams. 4

5 At my practice, I send out a half yearly newsletter in-which I highlight the dangers of scammers. I also use by business facebook and twitter to publicise the scams. WHAT YOU SHOULD DO Hang up. Record every possible detail of the call. Contact your tax agent immediately to discuss the call. Contact the ATO evasion hotline Send an to - Report fraud@ato.gov.au Send an to ACCC report a scam Send an to ACORN report a cybercrime If you paid money, contact your bank immediately. If you paid money, contact your state police immediately. Remember that the callers are very threatening, demanding and aggressive. I hope that the information provided is of assistance and that something can be done. Regards Stuart Lenthall 5