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Multiple federal agencies conducting raids of Caterpillar's headquarters

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MJPIA

Member
https://www.forbes.com/sites/antoin...thorities-including-doj-and-irs/#59de77b96f3a

The headquarters of machinery giant Caterpillar have been raided by federal law enforcement, pushing shares in the Dow Industrial Average giant lower by 5% in Thursday afternoon trading.

The U.S. Attorney's Office in the Central District of Illinois conducted the raid in concert with three other federal agencies: The Federal Deposit Insurance Corporation office of inspector general, the Internal Revenue Service criminal investigation division and the Department of Commerce office of export enforcement.

DoJ spokesperson Sharon Paul confirmed the investigation to Forbes by telephone, stating that Caterpillar's Peoria, Ill. headquarters and its offices in East Peoria and Morton, Ill. were subject to the law enforcement operation. "Federal law enforcement activity was conducted today in Peoria, East Peoria and Morton,” said Paul.

Caterpillar spokesperson Corrie Heck Scott confirmed the operation, stating in an email: "Law enforcement is present in various Peoria-area Caterpillar facilities executing a search warrant. Caterpillar is cooperating."

Caterpillar shares, which have risen 35% over the past 12-months, were falling more than 5% in afternoon trading to $93.58. Forbes couldn't immediately confirm details of the investigation, or where authorities are targeting their search.

For years, Caterpillar's tax rate and its treatment of replacement parts sales has been the subject of scrutiny in Washington. The machinery company has been dogged by accusations of using sham transactions to shift profits to low tax jurisdictions like Switzerland, saving billions in taxes.

In 2014, a Senate Permanent Subcommittee on Investigations Hearing headed by Michigan Senator Carl Levin detailed a program Caterpillar designed in 1999 with the help of auditor PricewaterhouseCoopers to use machinery parts sales to shift company profits to low-tax jurisdiction Switzerland. The Senate investigation concluded these parts sales cut Caterpillar's U.S. tax bill by $2.4 billion between 2000 and 2012. Caterpillar and PwC cooperated in the Senate probe.

A year ago, an IRS Revenue Agent's Report (RAR) called for Caterpillar to face a proposed $1 billion in back-taxes and penalties resulting from its tax avoidance strategies. The IRS deemed some Caterpillar transactions between subsidiaries as invalid based on doctrines of "substance-over-form" and "assignment of income," thus creating new taxable income. It also disallowed roughly $125 million of foreign tax credits from financing arrangement between subsidiaries.

http://www.pjstar.com/news/20170302/law-enforcement-officials-searching-caterpillar-offices
The investigation appears to stem from revelations about the company's tax strategy as outlined in a 2009 federal wrongful termination lawsuit brought by Daniel Schlicksup. The lawsuit alleged the company shifted profits overseas and to offshore shell companies to avoid paying more than $2 billion in U.S. taxes. Schlicksup settled the suit in 2012.
In his complaint against Caterpillar, Schlicksup alleged the company sold and shipped spare parts globally from its warehouse in Morton while attributing at least $5.6 billion of profits from those sales to a unit in Geneva, Switzerland. This scheme, which operated from 2000 to 2009, was known as the "Swiss structure." Caterpillar SARL is based in Geneva.

A different strategy, the "Bermuda structure," allegedly involved shell companies that had no business operations returning profits to the United States without paying taxes on them.

The company denied the allegations.

The accusations, however, prompted an inquiry by an investigative panel of the U.S. Senate. The probe found Caterpillar saved about $2.4 billion in taxes through the "Swiss structure" over the course of 13 years. The Internal Revenue Service eventually proposed a $1 billion tax increase and penalties for years 2007-2009.

IRS agents were among the officials executing the search warrants on Thursday.

At the Downtown Caterpillar global headquarters building, at least some company employees were directed to the building's cafeteria and were told to remain there and not leave, according to one employee at the facility. Another source with direct knowledge indicated those sequestered there include employees in the Treasury, tax and accounting divisions, as well as from executive offices. At least some of those employees were released to go home for the day at approximately 11 a.m., with some being told that they would learn later in the day Thursday whether they'd be allowed to return to their offices on Friday.

An employee at Building AD in East Peoria said the arrival of agents at that facility was less disruptive than the one in Downtown Peoria appeared to be, with agents executing warrants at the East Peoria site appearing to concentrate on securing emails and electronic records.

Some of the agents entering the headquarters building wore jackets bearing an Internal Revenue Service logo, others appeared to be from the Federal Deposit Insurance Corporation. Others simply denoted that they were federal agents. A placard in the window of one of the federal vehicles noted it was used by police from the U.S. Department of Commerce Bureau of Industry and Security Office of Export Enforcement.

25 News seems to have obtained the search and seizure warrant.
http://www.week.com/story/34650345/...ching-for-docs-related-to-cats-swiss-business
Direct link to PDF.
http://week.images.worldnow.com/library/85fe8951-c2d1-43ca-b0f0-3d9fe458164d.PDF

Will be interesting to see how this ends.
Raid if old.
 
I live near this. Employees were told to go home for the day when this first went down. Best I can tell, they had no idea this was happening. (At least on the low level)
 

dpunk3

Member
I'm surprised the government raided a company that was dodging taxes.

As if it were the only company dodging taxes.
 

atomsk

Party Pooper
I used to do deliveries to a lot of CAT offices when I lived in Peoria about 10 years ago.

It's crazy just how much of the city depends on them.
 
I'm surprised the government raided a company that was dodging taxes.

As if it were the only company dodging taxes.

Every few years, big companies and investors all put their name in a hat to choose the sacrificial lamb to make the government look effective to keep the proles happy.
 
I live near this. Employees were told to go home for the day when this first went down. Best I can tell, they had no idea this was happening. (At least on the low level)

If the Feds were smart about, no one should have seen it coming. Can't have them hiding or destroying evidence.
 
centipede.jpg
I bet they funded project Centipede....

Hydra has infiltrated everything.
 

SpecX

Member
Every few years, big companies and investors all put their name in a hat to choose the sacrificial lamb to make the government look effective to keep the proles happy.

lol I was thinking something similar. This is all for show to try and scare straight some companies. Nothing will change ultimately though in the market.
 

riotous

Banned
I'm surprised the government raided a company that was dodging taxes.

As if it were the only company dodging taxes.

Not all tax dodging is illegal or fraudulent. The government certainly takes it seriously; it's how they exist.
 
Well according to the warrants the agencies will need a few big CAT dump trucks to transport all the files.
Maybe they can purchase some.
 
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