Stop an IRS Indictment Before It Starts: Protect The Right to Conference

The first knock on the door from the IRS criminal investigation Special Agent announcing you are under IRS criminal investigation then turns into another, second knock on the door from the IRS criminal investigation special agent, but this time the IRS criminal investigation special agents brings something more than a business card and a warning of rights. The IRS criminal investigation special agent comes armed with an arrest warrant, after the IRS chose through the grand jury to indict you alleging tax crimes and federal charges of tax evasion, tax fraud, tax conspiracy and tax law violations. How did this happen? How do you stop the first knock on the door from becoming the second knock on the door? One critical part of that process is protecting your rights to conferences throughout the IRS criminal investigation process. The IRS criminal investigation process follows certain rules and procedures, rules designed to enforce the rulings of federal courts, the tax laws and the Constitution.  Remember, just avoiding taxes is not tax evasion or tax fraud; using a private bank or private banking is not tax fraud or tax evasion; and remember, most of all, the data shows the IRS puts 1 innocent person under criminal investigation every day.

The rules binding the IRS found in the Internal Revenue Manual detail your rights in the IRS criminal investigation process: any taxpayer who is under any IRS criminal investigation which “results in” any IRS criminal investigation special agent with a “criminal prosecution recommendation” for “tax or non-tax violations” must first “be referred to the Department of Justice lawyers in Washington D.C., at the Tax Division of the Department of Justice which must oversee and approve any IRS criminal investigation before it turns into an IRS criminal prosecution involving the grand jury or a choice to indict. In addition, even before that, the ”taxpayer who is the subject of a criminal prosecution recommendation” must “be afforded a conference with the Special Agent in Charge and CT Counsel.” What do all those fancy phrases mean?

Remember the IRS criminal investigation process is about two things: people and information. Often, the key to stopping an indictment before it can occur is to make sure the right people get the right information. You don’t want to be at the whim of a a single IRS Criminal Investigation Special Agent. You want to make sure his boss, the IRS Criminal Investigation Supervisory Special Agent sees the right information about your innocence and the right information about the misconduct of the IRS Criminal Investigation Special Agent so you can stop any federal charges in their tracks and force the IRS to decline to indict you. You want to make sure both their bosses, the IRS Criminal Investigation Special Agent in Charge, also sees the right information about your innocence and the right information about the misconduct of the IRS Criminal Investigation Special Agent so you can stop any federal charges in their tracks and force the IRS to decline to indict you. You want to make sure their local counsel, called “CT Counsel” for the IRS criminal investigation process sees the right information about your innocence and the right information about the misconduct of the IRS Criminal Investigation Special Agent so you can stop any federal charges in their tracks and force the IRS to decline to indict you. But don’t stop there. If they don’t or won’t listen, then keep protecting your rights all the way up the IRS criminal investigation decision-making food chain to make sure more and more people sees the right information about your innocence and the right information about the misconduct of the IRS Criminal Investigation Special Agent so you can stop any federal charges in their tracks and force the IRS to decline to indict you.

Then comes the next step to protect the right to conference (really a right to prove your innocence and a right to show the IRS would be fools to choose to indict you because of IRS criminal investigation misconduct and the ability to win at trial) — the Tax Division of the Department of Justice in Washington D.C. Here, there are even more layers of review, with experienced lawyers who know what it’s like to lose in court to Barnes Law, know the embarrassment that caused the IRS criminal investigation process, and gives you another chance to make sure the right people sees the right information about your innocence and the right information about the misconduct of the IRS Criminal Investigation Special Agent so you can stop any federal charges in their tracks and force the IRS to decline to indict you. This includes the Tax Division attorney assigned your matter, their supervisor, and the “section chief” that supervises all cases in your part of the country. Indeed, even the Assistant Attorney General for the entire Tax Division, a political appointee, may review your case and if sees the right information about your innocence and the right information about the misconduct of the IRS Criminal Investigation Special Agent can stop any federal charges in their tracks and force the IRS to decline to indict you. Remember, by law, and written Directives of the Department of Justice, the “Tax Division retains exclusive authority to approve” any tax prosecution before it can occur.

Never sit on your rights. Protect them. Don’t wait to see what will happen. Take action. Never assume the IRS will discover the truth of your innocent intent on your own. You need to prove it, beyond a shadow of doubt, to stop any attempt to use a grand jury to indict before it can occur. There is no reason the first fearful knock on the door from the  IRS Criminal Investigation Special Agent has to turn into a nightmarish second knock on the door from an IRS Criminal Investigation Special Agent. With the right help from the right counsel, the power is completely yours to stop it so you never hear that second knock on the door ever.