More Bad News for Holders of Welfare Benefit Plans – Nova Faces Another Legal Setback

The search  more like AN armed assault , that concerned between thirty five and fifty office Criminal Investigation Division agents carrying black Kevlar bullet-proof vests and absolutely armed with automatic weapons, UN agency herded the workers of the varied firms then at the workplace set at one hundred grain Mill Road into a room and lawlessly searched and interrogated them, was fully extraordinary

Extra, and a lot of adore one thing that will happen within the movies or the TV show instead of within the settlement of Sims bury…”, aforesaid lawyers for the welfare profit arrange promoters. and then began the battle by Banister wt AL.


To induce back documents confiscate by the office last year. in an exceedingly stipulation filed in court last week, the feds get to repeat and keep the documents. unhealthy  the mesh news for the star people and unhealthy news for the thousands holding the controversial welfare profit plans.

Court documents discharged within the current proceedings between star profit Plans and also the office browse sort of a script from a adventure story moving picture. Shortly once the office special agents raided the company’s headquarters, Banister 419 arrange & Trust and alternative entities supposedly associated with Wayne Bursa and star filed motions seeking come of the documents confiscate throughout the raid.

Although the raid was primarily directed at star and Benistar, federal agents confiscate records happiness to grain Mill Partners, grain Mill Capital, Avon Capital, ARIA LAC, Charter Oak Trust, Avon Trust, USB shopper Services, Carolingian monetary cluster, Rex Insurance Services, BEST CO profit Plans, Bean town Property Exchange Transfer Company and Lincoln monetary Services ET AL.. the govt. believes the entities square measure connected.

Included within the documents confiscate square measure records happiness to Petition tap house. in line with a motion filed by Petition, the tap house hosted several far-famed Americans as well as President of the United States, soldier and Mark Twain.


The tap house is known as once the son of Captain Petition, “who gave his life on Xmas within the far-famed campaign launched from natural depression Forge throughout the yank Independence American War of Independence revolution  that junction rectifier to the beginning of this nice Country and American Independence.” The motion goes on to state that each Captain Petition and his son square measure “turning in their graves thinking that Federal agents of the young country he dies for would lawlessly seize… tax records for the Petition tap house…


Banister’s court filings could also be a stimulating from a history point of view however aren’t relevant to the $64000 dispute, did NOVA, Benistar, their connected entities and their customers violate the inner Revenue Code

If tales of the American War of Independence and President of the United States sitting in an exceedingly bar weren’t enough, the motions question why the govt. would even conduct the raid since the legal document filed for star profit Plans shows it “consistently” has no assets which Benistar Ltd is out of business. Again, not nice news for welfare profit shoppers UN agency currently owe millions to the office.

Later within the motion for come of confiscate property, the lawyers state that the star offices were but 2 miles from Meadowlark Farm, “complete with cows and ice cream” and fewer than one mile from a high school. The association and disconnectedness of that statement may be a complete mystery.


Lawyers for the promoters decision the search the “most conspicuous felonious search within the history of the us.” They any states that a lot of agents were gift for the “heinous” raid at star than at Ruby Ridge. not like Ruby Ridge nobody was gashed or killed at NOVA’s workplace.

Although terribly colourful, the pleadings don’t have a lot of legal substance. And within the finish, despite a plea for the court to “sign AN emergency order to possess the van truck spin right away and convey back all of the lawlessly confiscate property,” the govt. gets to stay the documents. within the interest of complete accuracy, the govt. should come the documents however gets to repeat them 1st.

What will all this mean to the thousands of individuals and tiny businesses that sure star, Grist Mill, Benistar and also the alternative welfare profit arrange providers  2 things – 1st, star most likely has no cash to pay claims and second, the govt. has the names and addresses of all the arrange holders.

Whatever cash Bursa and also the plans have is perhaps about to pay legal fees. there’s proceedings unfinished in multiple states and a minimum of one criminal jury in Wisconsin searching the arrange promoters. that’s unhealthy news for the holders of the plans. The aftermath of the raid and criminal investigation can seemingly spur a good deal of proceedings however with none cash to pay claims.


There is some excellent news, however. If you bought your arrange through a agent or adviser, you will have some recourse.

The mesh news is additionally unhealthy as a result of the govt. currently encompasses a complete list of all the shoppers of star and also the alternative plans. Already the office has begun auditing and assessing huge penalties against the holders of those plans – folks that relied on NOVA’s slick selling materials and a well crafted instrument.

Because the office views most of those profit plans as abusive tax shelters, the penalty is as high as $200,000 per year!

What you have got to must you  do if you have a welfare profit plan  Contact a professional tax professional person or CPA well versed in welfare profit plans. The stakes square measure terribly, very high.


The professional person or CPA ought to be ready to assist you unwind the arrange, amend returns and facilitate abate the penalties that may actually follow. AN professional person may also represent you if the matter must move to tax court or if you choose to bring a suit to recover your losses.


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