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National Threat Assessment 2008. Organised Crime - Politie

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Table 6<br />

Misuse of companies in 2000, 2002 and 2004 (absolute numbers)<br />

2000 2002 2004<br />

Company liquidations discharged 3,758 3,948 5,939<br />

of which: Criminal damage 380 340 359<br />

of which: Shell companies, dubious activities 114 88 133<br />

Source: CBS (Statistics Netherlands), Statline<br />

The Hugo Sinzheimer Institute 39 calculated a higher estimate for the number of<br />

liquidations involving criminal acts. For 2004 the institute estimated the number<br />

to be more than twice the number calculated by CBS. According to the institute,<br />

the explanation for this difference is that CBS only included the cases where<br />

the liquidator undertook some form of action according to the files. However,<br />

liquidators often take no action if there is no more income to be obtained from<br />

the assets. The number of legal entities incorporated with the intention of<br />

harming creditors is indicative of the number of VAT carousels that are set up<br />

in the Netherlands. The relatively limited number assumed for 2004 is in line<br />

with the observation by experts that the damage caused by the VAT carousel<br />

is relatively limited as far as the Netherlands is concerned.<br />

It should also be added that the number of bust-out companies alone is not<br />

an absolute measure of the number of VAT carousels in which the Netherlands<br />

is involved in one way or another, as the bust-out companies may also be<br />

registered in any other EU country. The transit function of the Netherlands<br />

causes it to contribute to the damage in other countries. When a real flow of<br />

goods is involved, this role does not damage the Dutch transport sector; it even<br />

generates financial profits. In 2006 the Tax and Customs Administration and<br />

FIOD-ECD handled 21 cases of VAT fraud, which had resulted in a tax loss of<br />

over 39 million euros and a total loss of almost 120 million euros 40 .<br />

Excise fraud<br />

Only a few figures are available on excise fraud. Based on Customs seizures,<br />

however, cigarette smuggling does not appear to be in decline. Compared to<br />

2005 the number of cigarettes seized was even higher in 2006 (2005: 107<br />

million; 2006: 116 million). Most of the cigarettes are intended for the UK<br />

39<br />

The Hugo Sinzheimer Institute is part of the Faculty of Law of the University of Amsterdam.<br />

It conducts research in the field of employment law.<br />

40<br />

These figures resulted from debts remaining after the fraudulent liquidation of a ‘bust-out<br />

company’, for example.<br />

100 <strong>National</strong> <strong>Threat</strong> <strong>Assessment</strong> 2008 – <strong>Organised</strong> crime

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