The Justice Department's tax division announced Sept. 18 a new directive (No. 144) aimed at streamlining the prosecution of stolen identity refund fraud (SIRF) cases.
Tax Division Directive 144, which takes effect on Oct. 1, 2012, will allow prosecutors in U.S. Attorneys’ Offices that designate a point of contact for SIRF cases to open tax-related grand jury investigations, to charge by complaint criminals who are engaged in SIRF crimes and to obtain seizure warrants for forfeiture of criminally derived proceeds arising from SIRF crimes, all without prior authorization from the Tax Division.
To ensure fair and consistent nationwide enforcement of tax laws, the Tax Division has supervision over virtually all criminal proceedings arising under the internal revenue laws. Tax refund fraud involving the use of stolen identities has emerged as fast-growing and insidious crime that is all-too-simple in its execution. Strong coordination at all levels of law enforcement is vital to combating these criminals. The Tax Division has issued Directive 144 to further these coordination efforts.
The Tax Division has retained its authority in SIRF cases to review and authorize the filing of charges by indictment and information. Simultaneous with the issuance of Directive 144, the Tax Division has announced new expedited review procedures in cases involving arrests in jurisdictions where the U.S. Attorney’s Office is participating in the procedures established in Directive 144.
It is important that the IRS obtain information, through SIRF investigations, to intercept fraudulent tax refund claims before erroneous refunds are sent to fraudsters. The procedures set out in Directive 144 and the new expedited review procedures are designed to facilitate this goal.
If you have a Tax Problem, contact the Tax Lawyers at Marini & Associates, P.A. for a FREE Tax Consultation at www.TaxAid.us or www.TaxLaw.ms or Toll Free at 888-8TaxAid (888 882-9243).