Updated | Security Services started Aikon probe, finance minister says

Labour MPs say alarm bells should have rung for Tonio Fenech when oil trader’s company was being investigated on tax avoidance.

Tonio Fenech says the TCU only focused on a particular period and was unable to connect George Farrugia to Aikon.
Tonio Fenech says the TCU only focused on a particular period and was unable to connect George Farrugia to Aikon.

Finance Minister Tonio Fenech has declared that it was the Malta Security Services that passed on information related to George Farrugia's oil trading company Aikon to his secretariat, in an investigation on tax evasion and money laundering that they were conducting.

FULL STORY MFSA docs that showed Farrugia owned Aikon in January 2011

The information was passed on by MSS head Godfrey Scicluna to his head of secretariat Alan Caruana.

Fenech denied yet again knowing George Farrugia or having met him in any social or government setting. "I never saw the documents that were handed to the TCU and it was the first time since being appointed to the Cabinet that the head of the secret service has asked for an investigation in tax evasion. I'm not in a position to answer whether this was part of a wider investigation, whether the invoices published were part of the investigation, or whether the head of the Security Service got the documents from a third party."

Fenech today said that the Tax Compliance Unit's investigation - which started in August 2011 - dealt with invoices covering the period 2004-2010, and as such the investigation covered those shareholders and directors of Aikon during this time, as well as after this period.

However, Fenech's explanation has not yet confirmed why the TCU did not link Aikon's tax evasion to businessman George Farrugia, who had transferred the company's entire shareholding from Intershore Fiduciary Services in January 2011 - seven months before the investigation started.

The minister's comment puts the onus of the error on the TCU for not having detected Farrugia's ownership of the company earlier. He also said that the investigation was at an advanced stage, but said the investigation concerns a wider number of companies.

In fact, Fenech has already gone on record saying there was nothing to connect Aikon to Farrugia at the start of the investigation by the TCU, when the news was broken by the Sunday Times. But MaltaToday today revealed the company document showing Farrugia's ownership of Aikon back in 2011.

In another press conference, held while Fenech was accompanying the prime minister in Birkirkara, Labour MPs Michael Falzon and Chris Cardona claimed that the finance minister - being responsible for Enemalta and also taxation - should have heard the alarm bells ring when receiving the file and its invoices, connecting it to Aikon's own activities in the oil industry and handed the matter to the police instead.

Aikon director George Farrugia will turn State's evidence to testify on the alleged kickbacks paid by Trafigura, whom he represented, to a former Enemalta consultant for the supply of oil to the state utility Enemalta; police have so far questioned former MOBC chief executive Frank Sammut, former Enemalta chairman Tancred Tabone, and Tabone's partners in the company Island Bunker Oils, Francis Portelli and Anthony Cassar.

Fenech today insisted with MaltaToday that the invoices published in MaltaToday showing payments from Trafigura for commissions related to the sale of oil to Enemalta "are now more than likely the same ones" that were passed on to the TCU.

"The invoices were incomplete. The Tax Compliance Unit did not realise that things had changed. Apart from Aikon there were other companies being investigate," Fenech said when asked about company documents that show Farrugia took sole control from the fiduciary company in January 2011.

On their part, Michael Falzon and Chris Cardona's questions as to whether Fenech was present for the Cabinet meeting that granted the presidential pardon to Farrugia, were replied by the minister who said he was not absent from the meeting while attending a Xarabank programme.

Chris Cardona said finance minister Tonio Fenech's claims that he was not aware that Farrugia was the company director of Aikon were a "blatant lie."

"I have no power to interfere in the Tax Compliance Unit, and the TCU has no obligation to inform on the investigation. The investigation is still ongoing," Fenech told MaltaToday.

The Labour MPs have also asked whether Fenech should have passed on the file to the police, seeing the need to investigate it further due to Aikon's connection to the oil industry.

"Seven months earlier, it was already clear that Farrugia was a director and shareholder of the company - so why wasn't Farrugia himself investigated personally? How could the alarm bells not ring when the TCU file contained invoices on the purchase of oil?" Cardona asked.

The company Aikon was ostensibly registered with the fiduciary company Intershore when Farrugia was still importing oil through family business Powerplan. His brothers from the John's Group of Companies later instituted a civil case against Farrugia when they realised that he had siphoned off millions in oil revenues from Powerplan. The matter was settled out of court, and Farrugia became sole shareholder of Aikon in January 2011.

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Jahasra! They stopped just in time to avoid making the BIG connection. Jahasra! What a pity! Perhaps if there had been the blessed Madonna's intervention (even some lesser Saint would have been OK), then imsieken they would have succeeded in making the ALL IMPORTANT connection.
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Imbgħad jiġu jgġidu li il-Labour għamel frameup...min ħa jhemminkom? U dan il quċċata ta' muntanja kbira..mela fil-qiegħ x'hemm?
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QAZZISTUNA. PRIM MINISTRU U S'ISSA ZEWG MINISTRI F'COVER UP FUQ L-AKBAR SKANDLU LI QATT RA PAJJIZNA. Igri jasal id-9 ta' Marzu halli nixkupawkom bil-qalb. Kemm kellu ragun Franco Debono jindirizzakom bi XIBKA TA' HAZEN
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Rita Pizzuto
Does Dr Demarco really live in Malta, or high up in the clouds. Does he really mean what he says? Has he tried to ask the hotel investors and tourism outlets how hard it has been under his government to make ends meet? Has he listened to their complaints and the problems they have been facing courtesy of his government, or is this another one for the marines?
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So the Tax Compliance Unit's investigation started in August 2011 and by today it has not yet completed it. Why? Did someone high up caused the investigation to stall? Moreover, tthe TCU did not link Aikon's tax evasion to businessman George Farrugia, even though seven months had passed since he had transferred the company's entire shareholding from Intershore Fiduciary Services. Was the TCU instructed to go slow about the whole matter? These questions may perhaps be answered should in the near future we'll have a whistleblower Act.
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And perhaps this is just the beginnig of what is likely to follow. a corruption iceberga perhaps. this is getting interesting
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Just who are these clowns think they are fooling? Had it involved a tax recovery of € 5,000 or far less, I am sure you would have got a conviction, and/or at least a charge in court. But this case concerned millions, as per the files made available to the Ministry, and consequently to the TCU. It was apparently also very evident that a lot of money was in play. Now GF's local companies were all on MFSA, so a simple search by ID number of his directorships should easily have exposed the connection to all the rest, especially the group's local oil procurement company! As someone noted, Mr GF was already listed as a director of this company Aikon from very early 2011. An alert investigator would have made the relevant associations, and would have sourced other connecting data via the TCU's data warehouse. Is it possible that there could have been uncovered connecting facts relative to EneMalta'S oil business? If there was not, how could this have been missed? Incompetence or what???? Moreover, I read somewhere that the TCU's Board of Directors are all sourced from the different tax departments, on purpose, so there would be effective coordination. I am sure that a case involving millions should have been drawn to their attention, and they might have in turn informed their higher ups, all the way up! And I suppose an investigation of this "portata" would have been followed up regularly at the monthly Board meetings, and all very senior Ministerial officials would presumably have been kept abreast of any outcome or progress. If not, someone f**ked up big time!!! What the heck are we paying our civil servants for? Or could it be that as this happened in summer, everyone was enjoying his afternoon siesta!!! Back to GF. So aren't Directors responsible for the company's affairs for taxation purposes? OK, shareholders would be taxable, but any wrongdoing they would pass back to Directors. One might then ask, why didn't the TCU do likewise, rather then give up as soon as they hit a Chinese wall? They tell us " Hold on. Don't rush. The investigation is ongoing" OK, fine! Had this been so difficult, I would have agreed. However, it seems a wealth of info was passed on to the Ministry/TCU, and not some pieces of loose paper held by a paper clip! So all the investigative work only needed corroboration. I am sure many other taxpayers were hounded for far, far, far less.
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Anette B Cassar
Next press conference with TF: "Onorevoli ghandek Kont Bankarju l-Isvizzerra?"