What Happens In IRS Criminal Prosecutions

You'll know you have IRS issues if you open your door and the person identifies himself as a special agent from the Criminal Investigation Division or CID. Special Enforcement and General Enforcement are 2 arms of the IRS police department. Special Enforcement investigates organized crime, drugs, and unions. General Enforcement gets common taxpayers and others.

You do not really have to be the one under investigation to be contacted by the CID. It could be anybody you know. Do not lie and be careful with dealing with the CID as 80% of all crimes are prosecuted through their thorough investigation and you may unwittingly lead them back to you.

If you are the person being investigated, do not answer any queries from the CID. Contact your lawyer right away as soon as they are gone. Don't seek information about the investigation from the IRS. Let your lawyer contact them.

If the CID can prove your guilt without a doubt, you can be prosecuted. Otherwise, you may get away with civil penalties.

You would be investigated because you:

filed a false tax return.
failed to file a tax return.
evaded taxes.

If the CID recommends prosecution, an assistant U.S. Attorney General from the Justice Department will review and take your case. If the IRS seeks a federal grand jury indictment against you, you'll be formally charged and ordered to go before a federal judge or be arrested. You can plea not guilty or guilty, and possibly be released on your own recognizance or post bail.

The case will go to trial when you plead not guilty. It might be with a judge or a full jury. The IRS must give evidence that you are guilty of the crimes as charged, beyond a reasonable doubt. You will be incarcerated in a federal prison if convicted of a tax crime. If you end up reaching a plea bargain you'll probably just be fined and/or put on probation, given home confinement, or ordered to stay in a halfway house. Prosecution costs will have to be paid by you. The average time you will serve for a tax crime is 2 years.

Darrin T. Mish is a Nationally recognized Attorney whose practice focuses on representing clients across the United States with IRS Problems. He is AV rated by Martindale-Hubbel and is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. He has been honored by a listing in Martindale-Hubbel's Bar Register of Preeminent Lawyers. If you have an IRS Problem and need IRS help then contact him immediately. He can be reached at his website at http://www.getIRShelp.com or tollfree at (888) 438-6474.