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Økokrim disagrees with the Borgarting Court of Appeals and therefore appeals the dismissal of former director Selmer for serious tax evasion.
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Earlier in April the Borgarting Court of Appeals acquitted former directors Christian Selmer of Skeie Energy, now E&P Holding, and Arne Helland of TGS, who were charged with serious tax fraud after the ecological crime was abuse of the exploration reimbursement scheme.
In a press release on Thursday night, Økokrim writes that they have decided to appeal the acquittal for gross tax evasion of Christian Selmer to the Supreme Court.
– Økokrim believes the Court of Appeals has made a mistake in evaluating the legal issues in the case, states First State Attorney Marianne Bender.
– very surprised
The acquittal of Helland and the TGS Nopec Geophysical Company, which was accused of contributing to tax evasion, is not appealed, after a general assessment.
In Oslo District Court, Christian Selmer and Arne Helland were sentenced to 2018 prison terms of five years and three years and ten months respectively for gross tax evasion, but the sentence was appealed.
– We are very surprised that Økokrim finds grounds in Borgarting Lagmannsrett’s trial to appeal. And very surprised that they only appeal against Christian, Selmer’s lawyer Morten Tidemann tells E24.
It indicates that the civil case was tried before the Supreme Court, but that this was not raised.
– We have no reason to believe they will evaluate you differently this time. And if it is allowed in, we are pretty sure the result will be the same as in the Court of Appeals, says the lawyer.
Tidemann emphasizes that Selmer is still in a good mood.
“It has been a considerable strain, but at the same time we are confident in our case,” he says.
This is the case
The reason for the case is an agreement between Skeie Energy, now E&P Holding, where Selmer was CEO, signed in 2009 to buy seismic for around NOK 900 million over three years from TGS.
The company paid in part in cash and in part in the form of seller credit, which included TGS’s right to convert the loan into shares of E&P Holding.
Oil companies that have expenses related to oil exploration in Norway are entitled to receive 78 percent of the state’s spending if they have no current taxable income that can offset the expenses on the tax return.
The 78 percent rate is the sum of the ordinary corporate tax and the special tax on oil and gas operations.
According to the indictment, Eco-Crimea believed that the goal of the deal was only to obtain a refund from the state.