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And, Oklahoma is so Proud?
To encourage investments in new business ventures, traditionally more
risky than established businesses, Oklahoma officials created two
Capital Formation Incentive Acts to offset up to 30% of the
investor risk, using tax credits.
Note: What is known as the Capital Formation Incentive Act is not a single document as such,
but rather a series of legislative amendments to, and scattered throughout, the more than
1,000 pages of Oklahoma Statute Title 68. Revenue and Taxation or what is generally know
as "the Oklahoma Tax Code".
The acts are:
- Small Business Capital Formation Incentive Act. Eligible for 20% in tax credits.
- Rural Venture Capital Formation Incentive Act. Eligible for 30% in tax credits.
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Basics
Tax credit allowed: 20% of amount invested for urban investments (counties with >100,000 people)
Tax credit allowed: 30% credit of amount invested for rural investments (counties <100,000 people)
Has a capitalization of not less than 1 million dollars, (or 500 thousand for the rural credit)
Has not invested more than 20% of its capitalization (25% for rural tax credits) in any one company at any one time
End investment must be to qualifying Oklahoma small business venture that:
Needs financial assistance to commence or expand such business which provides or intends to provide goods or services
Qualifies as a "small business" under Small Business Administration guidelines
Is not primarily engaged in oil & gas exploration, real estate development, real estate sales or rentals, wholesale sales, retail sales, farming, ranching, banking, or lending or investing funds in other businesses.
Has a Standard Industrial Classification code under any Major Group Number of Divisions A, C, D, E, F or I, with the following exceptions:
- Major Group 1 of Division A
- Major Group 2 of Division A
Expends at least 50% of the proceeds of the qualified investment for the acquisition of tangible or intangible assets within 18 months after the date of the qualified investment
For the rural tax credit, the principal place of business must also be located within a Nonmetropolitan area of the state & deriving 75% of its gross revenue from a NMA.
Small business venture may not use invested funds to acquire 51% or more of any other legal entity within six months of investment.
See for yourself. For complete details download the act in PDF format.
Download
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Here are two of several important angles to be aware.
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- Money at risk:
means exactly that. The amount of the investment investors could loose if the venture fails.
The fact tax credits are used is very significant.
- Fraudster safe as oppose to fraud safe.
The act provides
- maximum protection for protecting the identity of those participating in the fraud.
- no protection for the public.
- Void of clearly stated performance measures without a standard by which to measure success or
failure.
- No one is tracking performance measures such as how many jobs were created.
- no laws that fraudsters can violate. Any caught doing wrong will not be allowed to
participate again the future, but are allowed to keep the money they stole.
- a criminal offense punishable by up to one year in jail for releasing any information that
might lead to the identity those participating in the fraud.
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Oklahoma's own homegrown "Venture Counterfeit Cronies" feeding at the public trough of greed.
With state officials standing guard so "our own crony boys" can feast like starving hogs on tax payers
hard earned money without interference.
The scam was legislated when the Capital Formation Incentive Act, was written so state
funding (tax credits) had to pass through a select group of unnecessary middle men, we have
labeled "Venture Counterfeit Cronies", who in turn skim all they can inflate a business
ventures requested funding on the way to the purpose the funding was intended.
It is readily apparent by the trail of failed business ventures the
"Venture Counterfeit Cronies"
know little if anything about evaluating business ventures. With this state legislated scam you don't even need a real business.
Example: The Quartz Mountain Aerospace
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Example: The Quartz Mountain Aerospace project was seeking $32 million. Altus Ventures using a financial shell game inflated the amount claimed to be $221 million in order to receive $66.3 million in tax credits from the state. Altus Ventures investors who appeared to be risking $32 million were actually receiving $64 million ($2.3 million went to shell gaming fees) in taxpayer money.
Quartz Mountain Aerospace, like two other similar scams Great Plains and Rocketplane started failing from the git-go. It mattered not because "Venture Counterfeit Cronies" were guaranteed in
tax credits, $2 to $5 for every $1 invested long before they filed the claims. Actually $3 or $6 for $1 since they keep the investment,
and the $2 or $5 is all incentive.
The business venture thingy is only for appearances in when the IRS comes snooping around.
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Oklahoma has many other areas of fraud!
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Note: At this point we have not investigated all the actual business ventures to determine their direct involvement. The scam can operate without any direct involvement by the business venture. Based on what we have learned it appears that it is a mixed bag, and many business ventures have some level of knowledge and involvement. While others had no knowledge and were blind sided. One example came to light when E-Z ????? filed a lawsuit.
To make this look legit the middle men are referred to as Venture Capital Companies. It should be noted anyone can label themselves a "Venture Capital Company." The good Venture Capital Companies are evaluated under a microscope by large and knowledgeable investors who provide most of their funding. E.g., retirement funds, large companies, the very wealthy, etc.
The act was written with criteria to eliminate all the reputable and successful Venture Capital Companies, leaving "Venture Counterfeit Cronies" to feed at the public trough of greed. Oklahoma being void of any reputable and successful Venture Capital Companies, this was easily accomplished, one restrictive criteria being only "Venture Counterfeit Cronies" could participate.
We do have to give state officials credit where credit is due. They did demonstrate good insight by requiring that only the wealthy could participate. Otherwise anyone could have got in on the fraud. It obviously would not be smart to start allowing the common taxpayers to belly up to the trough of greed. That would leave no one to pay the taxes. You just can't have good public fraud without a tax base.
This gets much deeper so stay tuned as we peel additional layers off the onion, revealing how
state agencies, state officials and names of those outside the government who are involved.
Other ways they protected the "Venture Counterfeit Crony" fraudsters.
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Simple oversights? Or???
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State protected captive market?
The act requires that any business venture wishing to participate in this program must
go through one of a small but very select group of crony Oklahoma "Venture Capital
Companies." Only these "Venture Capital Companies" are eligible to apply for the tax
credits. These "Venture Capital Companies" These crony
"Venture Capital Companies" then use the tax credits to lure investors. In the end the "Venture Capital Companies"
not only realize a huge windfall profit, all paid by the Oklahoma taxpayer, the "Venture Capital Company",
not the investors, own a sizeable portion of every successful business. In theory this small group could own
and control virtually all of Oklahoma's new business growth.
State subsidized money tree!
Hard to imagine when you read the bill, and see there were several issues that were covered in
lengthy and specific detail.
- The criteria for a venture capital company to participate is written in a way to exclude all but a very small group of crony venture capital companies.
- That only the wealthy can participate.
- The most lengthy and detailed part of the bill is to protect the names and amounts of those receiving
tax credits.
In addition to the protection the act gives
| Unrestricted access! |
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Unlimited tax credits! |
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Free of laws to violate! |
While void of the most fundamental protection for the public:
| No transparency! |
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No benchmarking! |
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No accountability! |
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No program oversight! |
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For your convenience we have provided a link to the complete "Capital Formation Incentive Act"
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We encourage you to read the act for yourself, but don't expect to find highlighted wording
stating "this is how we are going to cheat the tax payers". A catty remark to emphasize the point,
that the scheme is obviously very well disguised. Part of disguise is the document is extremely
wordy, 86 pages, with a lot of redundancy. The first pages are one sentence with wording repeated over and over.
The key is to look for what is missing as mentioned elsewhere.
Borrowing the words of David Hariton, a tax partner at law firm Sullivan & Cromwell in New York,
"They hide the ball within a matrix of boiler-plate recitations of complex regulations."
To read online go to the following Website and search for Senate Bill 1577 passed in 2006.
Go search
To download in PDF format.
Download
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