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Updated report to appropriate authorities - evidence of tax credit and bank frauds. Dated 07/10/2010 (cont)

3. Oklahoma Tax Commission involvement in tax credit fraud and cover-up

March 2009, evidence was provided to Oklahoma Tax Commission, the tax credit claims submitted by both Altus Venture and Scissortail failed to meet various eligibility requirements. Most noticeably, by misrepresenting amounts invested as reported in 2006 tax credit filings. For 2006, Altus Venture misrepresented by $200 million, the amount invested. Scissortail misrepresented nearly $90 million. Oak Hills Capital misrepresenting $75 million was uncovered later. Affinity Ventures misrepresenting investing $72 million using two funds.

This information was presented, using both email and phone conversations, to Dawn Cash, Oklahoma Tax Commission, Director of Tax Policy. In offering evidence, I pointed out the key evidence was found on the tax credit claims in Cash's custody. In addition, for Altus Venture; estimated salaries, wages, and benefits, and the number of employees by a period; list of all equipment purchased including shop, tools, offices, vehicles, materials, etc. was nowhere near the $221 million both Altus Venture and Affinity Ventures claimed to have invested in 2006. The additional was equipment and materials on hand before the 2006 investments. The total investments, including previous investors, going back to the late 1990s, which tax credits were previously received, was slightly over $40 million in total.

Scissortail's failure to qualify was equally, if not more obvious, with no evidence the claimed businesses ever existed, and certainly not as qualifying businesses.

Both cases would take little more than requesting evidence that investments did occur and verifying by comparing financial transactions available from bank records, report filing requirements; the other means, all available to the tax commission and state authorities.

3.1 New evidence uncovered since the original letter

Oak Hills Capital covered See 2.3 Oak Hills Capital

3.2 Copies of Oklahoma Tax Commission emails obtained

Later, copies of internal OTC emails covering the period late 2008 through April 2010 were obtained and revealed the hurried effort by OTC to issue tax refund checks right after QMA failed Nov 2008 - Jul 2009.

Instead of OTC acting in the proper fashion to investigate clear evidence of fraud, OTC undertook a hurried action to issue tax refund checks for unused fraudulently obtained tax credits.

The issuing of refund checks took until July 2009. Those from other divisions brought in to handle the refunds could find few if any records. Those records had to be recreated from whatever sources they could find, including contacting those filing the claims.

While not aware of what was occurring inside OTC, more evidence was provided in March 2009. The emails reaffirmed OTC's ignoring the evidence. Rather than recovering fraudulently obtained public funds, the emails used their authority and resources to ensure the stolen money would get into the hands of the undeserving. In all of this, there was never a mention of the unqualified tax credits obtained by any of the schemes.

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