Case: Belgian Taxing Authority’s Claims of Fraud Against Fictitious Pension Funds for Dividend Tax Refunds Survive Motions to Dismiss for Failure to State a Claim (S.D.N.Y)

Belgium’s taxing authority sufficiently alleged fraud against the defendants and the court did have jurisdiction to hear the claim, a district court held, dismissing the defendants’ motions to dismiss for lack of subject matter jurisdiction and failure to state a claim. The Belgian taxing authority alleged that the defendants created fictitious pension funds in order to file fraudulent tax refund claims for dividend tax withholdings. The court held that the Belgian taxing authority had sufficiently pleaded facts to support its fraud claims and had satisfied the New York statute of limitations for fraud. The court also found that since the ...