Jane Kenyon-Miller:  Tom Fox to decide.

  •  a report by TIM HICKS, setting out the range of extraordinary circumstances presently prevailing in the Borough of Scarborough, County of North Yorkshire, England, UK.

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There are currently a number of issues in the Scarborough and Whitby area, which are the cause of intense speculation.  They are (in no particular order):

Jane Kenyon-Miller:  Tom Fox to decide.

  1. The outcome of the IPCC investigation forced on North Yorkshire Police by Real Whitby and the BBC, (http://www.youtube.com/watch?v=YXkkr1X4FVM)  into the way it protected Peter Jaconelli and Jimmy Savile, and how long it will be before North Yorkshire Police are forced to admit that it knew Jimmy Savile and Peter Jaconelli were a paedophiles, but did not arrest them because of Jaconelli’s status as Mayor and their local celebrity status.
  1. How Councillor Kenyon-Miller and her husband Councillor ‘Bill’ Miller have been able to escape arrest and prosecution under the Localism Act 2011, for not revealing their interests in Belvedere Computers Inc.
  1. Who is ‘Miss X’, the lady who gave evidence in the notorious Poulson corruption case in the 1970’s, in return for immunity from prosecution?  She is now rumoured to be alive and prospering in Yorkshire.  Will her identity ever be revealed?
  1. How Councillor Kenyon has been able to retain the Conservative Party whip while she is the CFO of a bankrupt company in the USA, which she did not declare during her selection process.
  1. The identity of the lady who ran across the pitch without all of her clothes, during the Real Goths FC versus The Whitby Gazette match:     https://www.youtube.com/watch?v=SoiEIr0fYeY
  1. The outcome of the investigation into allegations that a serving Councillor made a fraudulent disability benefit claim and the name of the woman who helped him draft and submit it.
  1. Councillor Jane Kenyon-Miller’s explanation for why she had a mobile-telephone provided to he,r with rental and telephone calls, paid for by the former North Yorkshire Police Authority of which she was then Chair (double-dipping), when we maintain she should have paid for this through the allowance provided by North Yorkshire County Council for that purpose.  Multiple requests for an explanation have been made, to all of the relevant authorities, but no explanation has ever been received.
  1. The final outcome of the Dales Timber Ltd fraud investigation.

Opinions vary as to their importance and the answers, but if anyone can submit some answers, or suggestions or further evidence, please feel free to do so via the ‘Comments’ box or via our confidential contact email address realwhitby@gmail.com.

However, it is questions 2 and 4 which I intend to address in this article.

Belvedere Computers Inc.  Formal investigation requested into Councillor Jane Kenyon-Miller, Scarborough Borough Council’s Portfolio holder for Finance and Legal

Following on from my article revealing that the California Secretary of State’s Office has formally confirmed that the Scarborough Borough Council Portfolio Holder for Finance, Procurement and Legal, Councillor Jane Margaret Kenyon-Miller, her husband Councillor Thomas William “Bill” Miller and Mr Andrew George William Miller (Councillor “Bill” Miller’s son) are currently registered as Officers (US equivalent of Directors) of Belvedere Computers Inc, which is a company registered in California.

BELVEDERE_incorporation_documents

Companies in California have to pay a minimum tax charge, pay annual return fees and submit a corporate tax return each year.  Currently, the minimum tax charge is $800 per year. Companies that do not make their annual returns, pay their tax or submit their accounts, are suspended so the company cannot trade or do business.  Belvedere Computers Inc was suspended by the California Franchise Tax Board for non-payment of taxes in 1982. The company does not apparently have any assets and is therefore almost certainly bankrupt.

BCI_entry

However, bankrupt or not, the company nevertheless still exists and the Company Officers have exactly the same responsibilities for ensuring the returns are made and the taxes paid, even though it is suspended. The fees and taxes continue to accrue each year against the company.

The United States authorities have now formally confirmed to me that Belvedere Computers Inc owes $93,720 in unpaid taxes and fees.  This appears not to include interest, fines, penalties and the costs of any investigation, which could increase the sum owing into hundreds of thousands of dollars.  Councillor Kenyon-Miller is also the Chief Financial Officer (CFO) and Registered Agent for Service of Process documents, yet the address she has provided as her personal address and also for service of documents on her company is false.

Neither Councillor has revealed their interest in Belvedere Computers Inc in their Registers of Interests – a criminal offence under the Localism Act 2011.

In addition to their corporate responsibilities, as Officers of a US Corporation domiciled in the US, the Councillor’s Kenyon-Miller should have submitted personal Income Tax returns.  The penalty for not filing a Tax Return is three years in jail for each Return not submitted; hence, no doubt, the reason that they do not want to admit to any connection to Belvedere Computers Inc.

The following cases can give an idea of the potential penalties that can apply in cases like this

CFO jailed for not filing tax returns

Couple imprisoned for failing to submit tax returns and fleeing the country.  Family arrested for failing to file tax returns.  Couples arested for failing to file returns or filing false returns.

Officer of suspended company jailed for failing to file tax returns

The implications of Cllr Jane Kenyon-Miller’s management of Belvedere Computers Inc

In my view, this should cause some serious concern to the Scarborough electorate and the Borough Council:

  1. Councillor Kenyon-Miller is still not ensuring, in her capacity as CFO and Agent for Service of Process, that the Tax Returns are submitted, minimum tax payments are made, or that the corporation has an address for service – all prima facie evidence of fraud in California.  Following the recent case of a British couple extradited to the United States for fraud, the US authorities may at any time issue a warrant for the arrest of Councillor Kenyon-Miller, who is Scarborough Borough Council’s Head of Finance and Legal.  Ignoring the possibility of criminal charges being brought, just the interest, penalties, fines, legal and accounting costs that could apply to the Councillors Kenyon-Miller in this case could be enormous.  Can they continue as Councillors with these issues still hanging over them?
  2. Councillor Kenyon-Miller has organised a deliberate and unscrupulous cover up into her liabilities for Belvedere Computers Inc, involving the Council and other third parties:
  3. When she was a County Councillor, Councillor Kenyon-Miller confirmed that she is the Jane Margaret Kenyon that was CFO of Belvedere Computers Inc, but denied she now has any responsibility for it to Ms Carole Dunn, (the Monitoring Officer then responsible for investigating allegations of misconduct by Councillors).

From: Carole Dunn [mailto:Carole.Dunn@northyorks.gov.uk]

Sent: 26 April 2012 15:42

To: ‘Tim Hicks’

Subject: RE: Complaint – Councillor Kenyon

Dear Mr Hicks

I have discussed your query about the company with Councillor Kenyon and she has advised me that she has had no connection with Belvedere Computers Inc since November 1980 which predates her membership of the County Council. The issue of registering an interest simply would not therefore arise.

Yours sincerely

Carole Dunn

Assistant Chief Executive (Legal and Democratic Services)

This has been confirmed by the United States authorities to be a lie.

  • By not declaring Belvedere Computers Inc in her Register of Interests, Councillor Kenyon-Miller is involving Scarborough Borough Council in a deception to evade Service of Process by a lawfully constituted authority to defraud another authority of tax revenue on an on-going basis.  This is an abuse of her position of trust as a Councillor.  Further, by not revealing her interest in Belvedere Computers Inc in her Register of Interests, Councillor Kenyon-Miller has involved the Council in assisting in an on-going tax fraud.
  • Complaints to Scarborough Council concerning Councillor Kenyon-Miller have been ignored, or stone-walled.
  • Ms Lisa Dixon, the Scarborough Borough Solicitor has attempted to close down the Real Whitby website that covered the Belvedere Computers Inc story.  She has also threatened journalists with criminal prosecution and civil action for investigating Belvedere Computers Inc and other matters, all of which was to be paid for by the taxpayer.  In the event, Ms Dixon was unable to substantiate any of her allegations and it now transpires that Ms Dixon’s boss Councillor Kenyon-Miller is an international tax-fraudster with a conflict of interest in the matter.  This is potentially a misuse of Council funds and manpower for the personal benefit of Councillor Kenyon-Miller.

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  • Councillor Kenyon-Miller’s Conservative Party colleague, Police & Crime Commissioner Julia Mulligan, recently referred to my correspondence to her as “disgraceful” for raising this and other issues in emails to her – and still refuses to respond to correspondence from me on the basis that she considers it “repetitive”, although she has recently had to concede that the allegations I have made are accurate.
  • Councillor Kenyon-Miller abused her position as Chair of the North Yorkshire Police Authority to try and intimidate journalists out of pursuing their investigation into Belvedere Computers Inc by using corrupt Police Officers to maliciously issue false threats of arrest for harassment. This is also a misuse of Police funds and manpower, for the personal benefit of Councillor Kenyon-Miller.

DCC_TIM_MADGWICK_corrupt

HEATHER_PEARSON_corrupt

This is perhaps the worst part of this affair.  It shows that Senior Police Officers did not have the integrity to uphold their oath of allegiance and investigate allegations of crime by the Chair of the Police Authority without fear or favour.  Instead, they prostituted their warrant cards and integrity, to act like Councillor Kenyon-Miller’s poodles, either because of the force of her personality, or because of the power of patronage her position as Chair of the Police Authority gave her over police promotions, or other factors.

CC.D.JONES_refusing

  1. Putting a person who is committing international tax fraud on an on-going basis in charge of your finances is not a good idea from a financial control perspective.  Under these circumstances, any limited company, charity, bank or partnership would immediately dismiss its Finance Director for gross misconduct.

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  1. It is unacceptable for the Councillor responsible for the Council’s Finance and Legal Departments – with responsibility for collecting Local Authority taxes and summonsing people to Court for non-payment of taxes – should be a person who is trying to evade prosecution in another jurisdiction over unpaid taxes.
  1. It is unacceptable for any Councillor to lie to a Monitoring Officer.
  1. Councilors’ should be accountable. Yet we have never had a response to the allegations concerning Belvedere Computers Inc. Complaints about Councillor Kenyon-Miller have been ignored or stone-walled by using procedural excuses, by the Scarborough Borough Council Legal Department that Councillor Kenyon-Miller leads.  Again this is a conflict of interest.
  1. There has been local and national press comment about Councillor Kenyon-Miller and questions in Houses of Parliament about her status as a public figure whilst simultaneously being the CFO of an undeclared bankrupt company, bringing further disrepute on Scarborough Borough Council.

In summary, Councillor Kenyon-Miller has abused her position as a Councillor, failed to uphold the values of the Conservative Party that she was elected on, and has not maintained the standards of honesty and conduct that are expected of all persons in public office, or set anappropriate example as a public figure.

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In my opinion, until this matter is resolved, Councillor Kenyon-Miller cannot continue to serve as Portfolio holder for Finance and Legal.   Councillor Tim Lawn resigned after the Real Whitby investigation into similar allegations of undisclosed interests.

Real Whitby submits a formal complaint.

To address these concerns in the public interest, on the 22nd of May 2014, I wrote to Scarborough Borough Council leader, Councillor Tom Fox, notifying him of these allegations and asking Councillor Fox to:

  • Interview Councillor Kenyon-Miller formally and ascertain her response to these allegations.
  • Direct Councillor Kenyon-Miller to immediately:
  • Submit the accounts and tax returns she has a duty to provide, and pay the taxes, fines and penalties imposed.
  • Suspend Councillor Kenyon-Miller as Portfoliio Holder for Finance, Procurement & Legal until such time as this matter has been resolved, in accordance with normal procedure in such matters.
  • Direct Mrs Dixon to immediately correct the Registers of Interests of Councillor Jane Kenyon-Miller and Councillor Thomas Kenyon-Miller to reflect their positions as Officers of Belvedere Computers Inc, so the Council’s reputation is protected, and it is quarantined from this situation.
  • Direct the Legal Department to initiate a Standards investigation into the conduct of Councillor Jane Kenyon-Miller, Councillor Thomas William Kenyon-Miller and Mrs Lisa Dixon over this matter.

The United States authorities have been scrupulously courteous and very helpful in my investigation and I also confirmed to Councillor Fox that I had given them Councillor Kenyon-Miller’s contact details.

Following the submission of this information, enquiries concerning any investigation into Belvedere Computers Inc drew the response:  “We have furnished all the records that can be provided under the CA Revenue and Taxation Code 19543 and the Public Records Act – CA Government Code Section 6250 et seq. that are responsive to your request. We are unable to honor your request for confidential taxpayer information, as it is exempt from disclosure under California Revenue and Taxation Code Section 19542.”

Developments following the submission of the complaint

Following on from the response of the Council to the Peter Jaconelli allegations, regular readers of Real Whitby will not be surprised to read that no response or acknowledgement has been received from Councillor Fox or Mrs Lisa Dixon.  I also contacted Councillor Kenyon-Miller’s solicitor and the Scarborough Borough Council Press Office asking for a press comment but predictably received no response.

On Wednesday the 28th of May, another article ran in the national press – which I was unaware of until it appeared – making reference to “a senior Tory’s undeclared interests in failed businesses”.  Can’t think who that could be.

EPSON scanner Image

So there you are. Following on from the revelation that the former Mayor of Scarborough, Councillor Peter Jaconelli was a child-abuser and serial rapist, and the resignation of Councillor Tim Lawn, who had also had not declared all of his interests, it now transpires that the former Chair of the North Yorkshire Police Authority and Scarborough Borough Council’s Portfolo Holder for Finance and Legal is an international tax-fraudster, that could at any time be the subject of an international arrest warrant for fraud.

Real Whitby will keep its readers up-dated on the progress of the complaint and Councillor Fox’s decision.

Coming Next

Interestingly, the Borough Solicitor and Monitoring Officer Mrs Lisa Dixon is also mentioned in the above article.  The delightful Mrs Dixon has herself been the subject of no less than three articles criticizing her in Private Eye.  One of them was a very well deserved award as runner-up in the national “Legal Bullies of the Year Competition”, for her failed attempt to close down Real Whitby last year.

I will be developing this theme further in my next article, which is to be entirely devoted to Scarborough’s publicity hungry Borough Solicitor.

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