Tuesday, July 26, 2016

‘Mzee wa Milioni 7 kwa Dakika’ in court over tax evasion All the accused

FAUSTINE KAPAMA
PROMINENT Arusha businessman Samwel Lema was yesterday brought before the Kisutu Resident Magistrate’s Court in Dar es Salaam to face a number of criminal changes jointly with another prominent businessman, Mohammed Mustafa Yusufali, popularly known as ‘Mzee wa Milioni 7 kwa Dakika’ (Man who makes 7m/- per minute).

However, the prosecution could not read the charges against them because they were brought to the court after working hours. The two prominent businessmen were returned back to the custody of the Prevention and Combatting of Corruption Bureau (PCCB) until today.
It is a second case for Yusufali as he is currently facing 199 counts relating to tax evasion of over 15bn/- alongside four others. Earlier yesterday, the court handed back the prime suspect (Mohamed Mustafa Yusufali), to the PCCB for further grilling in the 15bn/- evading tax case. Principal Resident Magistrate Huruma Shaidi gave such order after taking into consideration a request presented before him by the prosecution, led by Senior State Attorney Mutalemwa Kishenyi and PCCB lawyer Leonard Swai.
The prosecution informed the court that PCCB needed more time to interrogate Yusufali, alias Mohamedali, alias Choma, alias Jamalii, because he was facing other allegations. The prosecution team could not give more details but promised to return him immediately after the session. Earlier, the prosecution briefed the court on the developments of the case, including the status on investigations, saying such assignment was going on.
They, therefore, requested the court to grant more time for them to complete the investigation. The magistrate granted the request and adjourned the matter to August 5, for another mention.
Yusufali is charged alongside Alloyscious Gonzaga Mandago, Isaack Wilfred Kasanga, Taherali Sujjauddin Taherari and Mohamed Seif Kabula with 199 counts. They include forgery, uttering false documents, money laundering, occasioning loss to a specified authority and evading tax of over 15bn/-.
They are alleged to have committed the offences at different times between 1995 and 2016 in the city. The prosecution told the court that the accused persons forged several certificates of incorporation for about 17 different companies, 15 among them by Yusufali alone, showing that such companies are limited companies legally incorporated in Tanzania, while it was untrue.
The prosecution alleged that between January 2008 and January 2016 in Dar es Salaam, being a director concerned with management of affairs of his company, Farm Plant Limited, with a view to fraudulently evading tax, Yusufali submitted to the Commissioner of Tanzania Revenue Authority (TRA) false returns.
As a result, according to the prosecution, Mohamed Mustafa Yusufali evaded Value Added Tax (VAT) amounting to 15,645,944,361/-. It is alleged further that within the same period in the city, by reason of his willful acts of making and submitting false returns to the TRA Commissioner General (CG), Mohamed Mustafa Yusufali caused the government to suffer a pecuniary loss of 15,645,944,361/-, which ought to have been paid as VAT.
The prosecution told the court that knowing and fraudulently, Yusufali uttered to TRA, Kinondoni Regional Tax Office, certificates for 15 companies to show that they were limited companies registered as taxpayers.
The court heard further that on diverse period in the city, with intent to defraud, Yusufali made several tax invoices bearing different numbers and value added tax (VAT) returns to show that Farm Plant Limited purchased from Blue Arrow Tanzania Limited commodities worth billions of shillings.
All the accused persons were charged with an offence of money laundering allegedly committed between March 2011 and January 2016 within the city of Dar es Salaam. Being persons responsible with management and operations of Superior Financing Solution Limited, the accused persons allegedly concealed establishment of the true nature, source and movement of money amounting to 1,895,885,000/-.
The prosecution alleged that the accused persons advanced the said amount as loans to various persons and receiving repayments, while at the time of advancing and receiving such repayments they knew or ought to have known that money was proceeds of predicate offences of forgery and tax evasion

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