Nigel Sinclair, ‘Rush’ EP and music doc producer, issues staunch denial of tax crime allegations

Nigel Sinclair, the British-American producer of music documentaries, executive producer of Rush, and founder of White Horse Pictures, Spitfire Pictures and Intermedia, has “firmly and vehemently” denied allegations of tax crimes in the United States.

Sinclair, 76, and Australian accountant Anthony Stewart were indicted last week by a federal grand jury and charged with conspiracy to defraud the United States, filing false tax returns, filing false FBARs requiring individuals to report foreign financial accounts, and obstruction of justice.

They are alleged to have concealed $25m in income from the Internal Revenue Service (IRS) through shell companies and caused more than a $5m loss to the tax authority.

Sinclair’s attorneys Thomas P. O’Brien and Evan Davis said the IRS’s case was based on the “flawed foundation of Swiss informants who received complete immunity from the U.S. Department of Justice despite having committed countless felonies”.

They said they have provided “substantial” evidence of Sinclair’s “complete innocence… about unclear events that took place more than 25 years ago”, adding: “Our client firmly and vehemently denies the wrongdoing alleged and has paid all taxes due on sums received.”

Sinclair had not entered a plea at time of writing and the matter is likely to take several years to come to trial.

Screen understands White Horse has no connection to any alleged wrongdoing. In late 2022 Sinclair transitioned to non-executive chairman and the company is run by CEO Nicholas Ferrall.

US Department of Justice allegations

According to the US Department of Justice’s Office of Public Affairs, Sinclair and Stewart face a maximum five years in prison for conspiracy, while Sinclair also faces a maximum three years in prison for each filing of a false tax return charge, a maximum of five years in prison for each false FBAR charge, and a maximum of 20 years in prison for obstruction.

A 45-page indictment filed at United States District Court for the Central District of California on September 12 alleges that in the year 2000, UK-born lawyer Sinclair co-owned the production company Intermedia and put half his shares in a Malta-based entity known as Hornbeam Holdings Limited.

Hornbeam was set up by Strachans, a company that provided administrative services for offshore financial structures. The indictment alleged there were no company records indicating that Sinclair and unnamed co-conspirators owned Hornbeam and said only Stewart appeared to be an owner.

After Intermedia went public in mid-2000 and was listed on the German stock exchange, the indictment said towards the end of that year Sinclair sold the Intermedia shares in his name, reported the income in his US tax return, and paid the tax.

However the legal filing alleges that from late 2000 through to at least 2003, Sinclair and a co-conspirator caused Hornbeam to sell the Intermedia shares in Hornbeam’s name and transferred the proceeds to Strachans.

By 2003, the indictment claims, Strachans had received more than approximately $50m in proceeds, of which nearly half belonged to Sinclair. It alleges the producer did not report that income in his US tax return or pay tax on it. Sinclair and others allegedly arranged for the proceeds to be transferred into Swiss bank accounts.

“Lavish lifestyle”

The producer and an unnamed co-conspirator allegedly ensured Stewart received part of the sale of Intermedia shares in Hornbeam’s name as payment for services relating to their offshore funds. The indictment alleges that from no later than October 2003 through at least October 2013, Stewart received approximately $25,000 a quarter for his services.

According to the legal filing, Sinclair used the proceeds to invest in securities and finance the US-based production company Spitfire Pictures. He also allegedly indulged in a lavish lifestyle that included travel on private jets, amassed a collection of rock and roll memorabilia valued at more than $1m, and funnelled approximately $12m into building an 8,000 sq m house in Jackson Hole – an elite ski resort in Wyoming near Yellowstone National Park.

The indictment noted that in 2004 a search of Strachans’ offices in Jersey and Switzerland triggered a tax evasion investigation in Australia code-named Project Wickenby. The investigation allegedly led Sinclair, Stewart and co-conspirators to move Sinclair’s assets into the name of new nominees, flush documents that might incriminate the parties down the toilet, and use burner phones and talk in code.

Sinclair allegedly made false statements to the IRS when he attempted to declare foreign assets under a programme known as Streamlined Domestic Offshore Procedures, and under-reported their value. He also allegedly filed a false FBAR and encouraged a co-conspirator to make false claims to U.S. authorities during a grand jury investigation.

The producer’s credits include The Beatles: Eight Days A Week – The Touring Years, George Harrison: Living In The Material World, End Of Watch, and Snitch. As an executive producer he has worked on the likes of The Woman In Black, The Ides Of March, and The Beach Boys.

Screen is trying to reach Stewart’s representatives for a statement.

The full statement from Sinclair’s attorneys appears below:

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