Criminal investigation question

[gottago]

Is there a way to know if the IRS is conducting a criminal investigation or preparing a referral to the DOJ about an individual? Does the person tend to get a certain type of letter or mailings from a certain IRS campus?

[The Observer]

One clear way to know is when Criminal Investigation agents show up at your door.

[gottago]

Well, duh, that would be pretty obvious. I was just wondering if a certain IRS "campus" generally "worked up" cases prior to making a recommendation for criminal prosecution or how exactly the decision is made to indict someone.

[grammarian44]

Well, duh, that would be pretty obvious. I was just wondering if a certain IRS "campus" generally "worked up" cases prior to making a recommendation for criminal prosecution or how exactly the decision is made to indict someone.

The IRS doesn't directly handle criminal matters; these are referred to the DOJ. The IRS has an idea, of course, about which matters deserve referral to the DOJ. But they aren't obligated to tell the taxpayer if they are considering criminal referral.

Neither agency is obligated to tell someone when they are considering criminal charges. They may bring up possible criminal charges as a way of persuading someone. On the other hand, there are times when letting the taxpayer know of possible criminal action would prompt the taxpayer to flee the country or stock up on guns or do something else to avoid the charges. In that case, the government wants to preserve the element of surprise.

[hartley]

Is there a way to know if the IRS is conducting a criminal investigation or preparing a referral to the DOJ about an individual? Does the person tend to get a certain type of letter or mailings from a certain IRS campus?

Well, sorta. During filing season, if Criminal Investigations Division freezes a refund, they'll send a notice to the taxpayer informing them their return is under review. But it won't mention Criminal Investigation anywhere on the notice, and it is entirely likely that it is their preparer, not the taxpayer themselves, who is under investigation, and CID just systemically froze every return signed by that preparer.

[Bud Dickman]

best answer is by Observer


One clear way to know is when Criminal Investigation agents show up at your door.

[Kimokeo]

What is rather interesting is after the Virginia Tech shooting, reports came out about the investigation. Of course, every time it was anonymous - identity protected, because it was an ongoing investigation.

Does anyone have a problem in protecting someone's identity when they are not supposed to give out this information in the first place?

If you read the many reports that come out, I have yet to see a anonymous disclosure from an IRS employee. That is a guaranteed way out the door.

[forensics]

Is there a way to know if the IRS is conducting a criminal investigation or preparing a referral to the DOJ about an individual? Does the person tend to get a certain type of letter or mailings from a certain IRS campus?

One way to know for sure what is afoot is to get a copy of your IMF MCC SPECIFIC transcript, then look for certain codes in the entity module, and certain transactions in the tax module(s). As far as Proper Notice is concerned, the only procedural rules I am aware of is 26 CFR 601.107. Whether or not they comply with it is another story altogether ...

Good Luck!

[ArthurRubin]

Keyboard warning?