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The U.S. Attorney General and the U.S. Tax Laws

You know that one of the state policy branches is the tax policy. As any activity connected somehow with the state or society has its legislative background, so tax policy is not an exception. Taxpayers’ crimes are investigated by special agents from the Criminal Investigation Division or CID. The CID is the department of IRS police; it consists of two operational sections: Special Enforcement and General Enforcement. Special Enforcement section investigates organized crimes, drugs matters, and unions. Common taxpayers’ cases are under General Enforcement section jurisdiction. About 80 percent of tax crimes are prosecuted with the assistance of the CID.

If the Criminal Investigation Division agents have visited you, so you or some of your acquaintances are under criminal investigation. Process of case investigation may take a long period of time and include thorough gathering of information: interviewing friends, family, neighbors, business associates (bankers, staff, accountants, insurance agents, etc.). Don’t be inclined to make perjury if you are asked about someone you know. Try not to give information that may lead to you, especially when your business partner is under investigation.

If you personally have trouble with the CID, having become the subject of the investigation, don’t speak to the CID agents without your lawyer; just call him on the instant. Than your lawyer can find out what has happened and what are you accused of by calling the IRS. After completion of the investigation the CID will recommend whether you are to be prosecuted or not. The content of your case will influence a result. And, of course, there should be enough of undoubtful evidence. If you have some facts, which are favourable for you, and your lawyer is rather professional, you may get civil penalties instead of more serious sentence. 

Among the deeds, being under the Criminal Investigation Division competence, are failure to file a tax declaration, tax evasion, or filing a fraudulent tax return (forgery).

If the CID goes on with criminal prosecution, the Justice Department takes it over. But first of all the U.S. Attorney General will study your case. Only after that it’ll be decided if the IRS should seek a federal Grand jury prosecution against you in court. If you're still formally accused of a crime, you will either be arrested or ordered to attend a federal judge. During the litigation you have the opportunity to plead guilty or not guilty. You may be released on a bail or on your own recognizance.

If you plead not guilty, the case will be studied in court. Trial is usually held by a jury or a judge alone. If you are proved to be guilty for a tax crime, you will be taken to a federal prison. But having reached a plea bargain, you would be fined or placed on probation term, sent to a safe house, or given home confinement. You also would be obliged to pay prosecution costs. Two years is common term for a tax crime.

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