Michael and Doris Stainer (pictured below) have been charged with failing to pay income tax and national insurance contributions amounting to over £400,000 under two separate PAYE schemes between 2011 and 2015.
According to Courtnewsuk, the specialist courts and tribunals agency which monitors court cases throughout the UK, the Stainers appeared before Westminster Magistrates Court on April 6th and will appear again before Southwark Crown Court on Tuesday May 4th 2021.
The prosecution counsel for the Crown Prosecution Service, Frances McCormack, said:
‘The facts of this case relate to cheating of public revenue [and] is related to non-payment to Her Majesty’s Revenue and Customs for PAYE income tax and national insurance contributions, and fraud by false representation relating to the income tax and national insurance contributions.’
Westminster Magistrates’ Court also heard that the Stainers are further accused of falsely claiming the money had in fact been paid to HMRC on behalf of The Grand’s employees.
Both the Stainers appeared by video with Michel Stainer at the Grand, and Doris Stainer from a link from Germany.
Cheating the public revenue is a common law offence and in order to obtain a conviction, the prosecution only has to show that the defendant has made a false statement with the intention of defrauding HMRC. Positive acts are not required, and a failure to act can still amount to cheating the revenue. It carries a sentence of up to ten years in prison, depending on the category of seriousness.
According to the Sentencing Council, the high level of culpability occurs when:
· A leading role where offending is part of a group activity
· Involvement of others through pressure/influence
· Abuse of position of power or trust or responsibility
· Sophisticated nature of offence/significant planning
· Fraudulent activity conducted over sustained period of time
Both Mr & Mrs Stainer most certainly conducted their tax fiddle over a sustained period and some day very soon we will discover what punishment they’ll receive for their tax dodging escapades, if found guilty.
