Fund Manager to Pay $105 Million Over Unpaid Taxes on Deferred Compensation

Following the filing of a qui tam whistleblower action pursuant to the New York False Claims Act (NYFCA) against a hedge fund manager and its founder (Defendants), New York State (State) and New York City (City) subsequently investigated the alleged conduct and determined that they had claims against the Defendants for “tens of millions” in unpaid taxes. The parties recently entered into a stipulation and settlement agreement (Agreement), which requires the Defendants to pay $105 million to the City, State and the whistleblower in connection with the Defendants’ alleged failure to pay State and City taxes on deferred compensation earned over a decade. The settlement is the largest recovery ever under the NYFCA. This article discusses the alleged misconduct and the principal terms of the Agreement. For coverage of a similar settlement, see “Harbinger Capital Partners Offshore Manager Settles New York Tax Evasion Case for $30 Million” (Nov. 8, 2018); and “New York State Record Tax Whistleblower Settlement With Harbinger Capital Partners Illustrates Pitfalls of Domestic Tax-Shifting Schemes” (Apr. 27, 2017). For discussion of the Dodd-Frank whistleblower regime, see “SEC Annual Report Highlights Pandemic Response, Enforcement Focus Areas and Whistleblower Program Success” (Dec. 10, 2020); and “SEC and CFTC Whistleblower Awards Continue to Grow” (Jan. 17, 2019).

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