42e95aec 
 XPost: edm.general, nf.general, calgary.general 
 XPost: van.general 
 From: what@ever.com 
  
 PissyPants, thinking about the HA's makes you piss your pants. 
 GR 
  
 "Mr.Smartypants"  wrote in message 
 news:8214e585-8466-49ab-8fc9-c27304d7cd39@z72g2000hsb.googlegroups.com... 
 On Aug 2, 3:20 am, Alan Baggett  
 wrote: 
 > Hell€s Angels Club the Canada Revenue Agency :CRA SOTW 
 > 
 > Hells Angels win in court 
 > Outlaw bikers don't have to reveal financial records, offshore 
 > interests 
 > Kim Bolan, Vancouver Sun 
 > Published: Monday, July 21, 2008 
 > 
 > Dozens of high-profile B.C. Hells Angels, associates, wives and 
 > girlfriends have succeeded in getting the taxman to withdraw demands 
 > for detailed financial information about their earnings and assets, 
 > including any "hidden" outside the country, The Vancouver Sun has 
 > learned. 
 > 
 > Law-enforcement agencies are increasingly going after the assets of 
 > gangsters in an effort to combat organized crime. The decision to 
 > withdraw the demand for disclosure in the Federal Court case would 
 > appear to be a setback to these efforts. 
 > 
 > The two-year court battle apparently inspired a similar tactic by the 
 > notorious United Nations gang, which is also challenging demand 
 > letters issued by the Canada Revenue Agency. 
 > 
 > The UN case, filed in April and including two gangsters who have since 
 > been shot dead, cites the Federal Court case of Brian Airth against 
 > the minister of national revenue as precedent. Both cases allege 
 > police and the revenue agency colluded and improperly shared 
 > information as part of a joint strategy to target the proceeds of 
 > organized crime. 
 > 
 > The 42 related Hells Angels cases were originally filed in August 2006 
 > by full-patch members of the bikers' chapters -- the Nomads, 
 > Vancouver, East End, Haney, Mission City, White Rock and Nanaimo, 
 > according to documents obtained by The Sun. 
 > 
 > The cases were consolidated and a new statement of claim filed against 
 > the government in January 2008. 
 > 
 > The statement of claim says Airth, listed as a full-patch Haney Angel, 
 > and others linked to the infamous motorcycle gang want a declaration 
 > that the revenue agency "has engaged in a continuing course of illegal 
 > conduct by targeting the plaintiffs through an initiative variously 
 > known as 'Project MOGAL,' the 'Hells Angels Project' or the 'HA 
 > Project.'" 
 > 
 > "The Plaintiffs are all members, spouses of members and associates of 
 > the Hells Angels Motorcycle Club," the court documents say. 
 > 
 > "The HAMC is the target of ongoing criminal investigations by the 
 > RCMP, The Vancouver Police Department, and other police services in 
 > British Columbia, including the Organized Crime Agency, the Combined 
 > Forces Special Enforcement Unit and the Criminal Intelligence 
 > Service." 
 > 
 > East End chapter president John Bryce complained in his affidavit that 
 > after the CRA probe began "I have had considerable difficulty with my 
 > banking." 
 > 
 > He said he was kicked out of the Bank of Nova Scotia after 27 years as 
 > a customer. 
 > 
 > "I then transferred my business and personal accounts to North Shore 
 > Credit Union. The same thing happened," Bryce swore. "I have now 
 > transferred my banking to a trust company. I fear that the same thing 
 > will happen again. I believe that there is a direct connection between 
 > the police, my problems with CRA and my banking problems." 
 > 
 > The claim, filed by Vancouver lawyer David Martin, also says the Hells 
 > Angels want a declaration that the CRA violated the Income Tax Act by 
 > passing confidential information to "third parties, including the 
 > police." 
 > 
 > Like the UN case, the Hells Angels allege their Charter rights were 
 > violated by the CRA letters sent out between 2004 and 2006. 
 > 
 > Hells Angels Vancouver president Rick Ciarniello says in his affidavit 
 > that Vancouver police biker specialist Sgt. Larry Butler stopped 
 > outside the East End Clubhouse in 2004 and said to a number of 
 > members: "The tax guys are going to get you all." 
 > 
 > "It seemed as if he was running the show and directing the tax guys to 
 > come after us," Ciarniello said. 
 > 
 > He also said one CRA official told Angels that the government wanted 
 > "the location of hidden assets such as property owned in foreign 
 > countries or held under another person's name." 
 > 
 > The nature of these demands for hidden assets further strengthens my 
 > belief that this is a criminal investigation that is being carried out 
 > by the CRA under the direction of the police," he said. 
 > 
 > Despite the heated rhetoric and apparent impasse, an out-of-court 
 > agreement was mysteriously reached on the same day the Federal Court 
 > challenge was to be heard this spring. 
 > 
 > The CRA backed down and revoked "the letters of requirement" and the 
 > case was withdrawn despite the lengthy tax probe that generated 
 > thousands of pages of file documents and hundreds of hours of court 
 > time. 
 > 
 > None of the Justice Department lawyers who worked on the Airth case 
 > were available to comment about why the government would withdraw the 
 > requests years after they were issued. 
 > 
 > Martin, the Hells Angels lawyer, did not return phone messages left at 
 > his Vancouver office. 
 > 
 > Nor did Ciarniello, longtime gang spokesman, respond to a request for 
 > an interview about the apparent success of the group's court 
 > challenge. 
 > 
 > CRA communications manager Bradley Alvarez said confidentiality laws 
 > prevented him from commenting on any audits or actions being taken by 
 > the revenue agency against any individual. 
 > 
 > "We can't comment on individual cases because of the privacy 
 > provisions," Alvarez said. 
 > 
 > He said that goes for "any of our enforcement activities with the 
 > Special Enforcement Program -- for the most part they are civil 
 > activities -- which are covered under the Privacy Act." 
 > 
 > But in its response filed in Federal Court last February, the 
 > government said the CRA's Special Enforcement Program does in fact 
 > target HA members and others believed to be involved in organized 
 > crime, but does not violate any laws by doing so. 
 > 
 > "[The minister] admits that the SEP targeted individuals due to their 
 > association with the HA, among other outlaw motorcycle gangs, but says 
 > that this was because this was founded on the CRA's suspicion that 
 > members of those gangs may derive income from illegal sources," the 
 > government defence says. 
 > 
 > "SEP officers relied on information from the Vancouver Police 
 > Department and the Organized Crime Agency and on media reports of 
 > arrests of alleged gang members to identify the persons who were 
 > associated with the various outlaw motorcycle gangs in order to 
 > determine who should be included in this review." 
 > 
 > kbo...@png.canwest.com 
 > € The Vancouver Sun 2008 
 > 
 > ------------------------------------------------------------- 
  
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