Drop That 1040 Form!

Drop That 1040 Form!

The badass IRS agents you’ve never heard of.

Posted Tuesday, April 14, 2009 - 4:31pm

Here's a pitch for the next great TV procedural: The main characters are a group of eight special agents burrowed inside of the seedy underbelly of Manhattan's criminals. These investigators are just a fraction of the 2,600 crime-fighting agents nationwide—a cadre of highly trained professionals who have no equal in American law enforcement. They follow up on leads, go undercover, and execute search warrants, all in the hope of bringing a little more justice to America. And, yes, there will be drug busts. The characters won't be cookie-cutter gruff cops as on all the other police dramas. No, all of our agents will have a quirk nobody sees coming:

They're accountants.

I'm talking about IRS special agents—perhaps the most badass number crunchers on the planet. They work on classified cases, flash their badges when they go out on interviews, and testify in court. They're fully trained law enforcers, just like operatives from the FBI, DEA, and ICE. They just happen to have taken five semesters' worth of accounting classes, and they just happen to work for the IRS. Suggestions for the show's title are welcome, but for now we'll go with the only IRS term of art that also sounds like police-speak: 1040.

The special agents belong to a 4,000-strong segment of the IRS called the criminal investigation division. These aren't the jackboot auditors who caused trouble in the late '90s. These guys go after only the bad guys who display criminal intent. They're tasked with investigating any crime that skirts tax law, which essentially means any crime that involves money. They're the utility players of the federal law enforcement world, working with agents from a host of different departments to run busts on a host of different crimes. Samples of their exploits are available on the IRS Web site, but some highlights for you to get the feel of their beat: working with the DEA on drug busts (because the money exchanged in drug deals isn't taxed), working with the FBI on public corruption cases (because money has probably changed hands under the table), and working alone from exotic tax havens to bust tax evaders.

Job satisfaction, according to the IRS, is high. Most cases take anywhere from six months to two years, so the job never gets old. Special agents' daily routines vary between fieldwork and desk work. Just like regular cops, they spend hours poring over documents—in their case, financial—to try to assemble a case that can get them a search warrant. (That's why they need the accounting coursework.) The hope is to assemble enough evidence to force a confession—or to secure a search warrant by demonstrating a willful intent to break the law. Then you go get the sons of bitches who are robbing Uncle Sam of his rightful money.

The obvious question is why anybody would want to be a regular IRS agent if he could be an IRS special agent. Plenty don't. The waiting list runs as long as eight years to get into the program. Turnover is so low—only a handful of the 2,600 agents leave every year—that some accountants sign up for the program, pass all of the tests, and then sit on the waiting list for nearly a decade while they go about their normal lives. Then, eight years after first enrolling, they get a call that the IRS is ready for them. This, of course, assumes that the recruit in question has not, you know, started a life in the intervening time period.

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IRS Special Agents Illegally Release Citizen's Tax Returns

IRS and Justice Department Illegally Release Citizen’s Tax Returns to Alleged Criminal

The Office of the Treasury Inspector General for Tax Administration (TIGTA), in case number 62-0907-0071, is investigating the release of over 970,000 documents by the government to the defendant in U.S. v. Jacquot (CR 08-1171) in the Southern District of California. The documents released contain thousands of disclosures of tax returns, social security numbers, and other sensitive data of citizens and businesses.
The recipient of these documents is David Jacquot, an attorney, retired Army officer and disabled, decorated combat veteran. He has been accused of filing false tax returns, a charge he vehemently disputes.

Pursuant to the Federal Rules of Criminal Procedure, Mr. Jacquot requested the government provide him copies of specific items of relevant evidence held by the government. Rather than respond to these specific requests, Assistant United States Attorney (AUSA) Faith Devine provided Mr. Jacquot electronic copies of 971,123 documents in 1,271 folders. The complaint alleges that AUSA Devine provided all these documents in an attempt to bury the relevant information amongst so many other documents that review of the same would be impossible before trial. Any meaningful review of nearly 1 million documents would likely take a year or more. The documents disclosed are packed with tax returns and other sensitive data of former employees, financial advisors, customers and vendors of the xelan family of companies. The complaint also describes how this information had been released to other individuals in addition to Mr. Jacquot.

When Mr. Jacquot realized what had been improperly provided to him, he contacted TIGTA, stating “None of these people have ever met me or likely even know that I exist, yet their social security numbers and other confidential tax return information has been provide to me (and others).”

Tax returns and information relating to tax return (such as social security numbers) is considered confidential under federal law. The IRS can only release this information to the Department of Justice under strict conditions, and release to third parties is subject to even more strict rules. The complaint describes how IRS Supervisory Special Agent Sara Brana, IRS Special Agent John Weeks, IRS Special Agent Van Nguyen, and other IRS employees willfully and improperly provided confidential tax return information to the Department of Justice. The complaint then describes how AUSA Devine and other IRS and Justice Department officials willfully released confidential tax return information to Mr. Jacquot and others. Willful unauthorized disclosure of confidential tax return information is a felony offense carrying a maximum penalty of 5 years in jail for each improper disclosure. Federal law also requires mandatory firing of government employees found guilty of willful unauthorized disclosures.

The TIGTASpecial Agent handling the investigation is Daniel Munoz, telephone number: (619) 615-9553; email: Daniel.Munoz@tigta.treas.gov. A copy of the complaint filed with TIGTA (with sensitive tax information removed) can be found at www.jacquotlaw.com/vindictive-prosecution.html.

TO VIEW THE ACTUAL PRESS RELEASE VISIT: http://www.prweb.com/releases/irs-unauthorized/disclosure-tax-return/prw...

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