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Criminal Investigation at a Glance

Back

Mission :

Criminal Investigation (CI) serves the American public by investigating potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law.

Headquarters:

1111 Constitution Ave NW
Room 2501
Washington , DC 20224

Nancy J. Jardini, Chief, Criminal Investigation
Richard Speier, Jr., Deputy Chief, Criminal Investigation

 

IRS Criminal Investigation (CI) is comprised of approximately 4,400 employees worldwide, approximately 2,800 of which are special agents whose investigative jurisdiction includes tax, money laundering and Bank Secrecy Act laws. While other federal agencies also have investigative jurisdiction for money laundering and some bank secrecy act violations, IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code.

Compliance with the tax laws in the United States relies heavily on self-assessments of what tax is owed. This is called voluntary compliance. When individuals and corporations make deliberate decisions to not comply with the law, they face the possibility of a civil audit or criminal investigation which could result in prosecution and possible jail time. Publicity of these convictions provides a deterrent effect that enhances voluntary compliance.

As financial investigators, CI special agents fill a unique niche in the federal law enforcement community. Today’s sophisticated schemes to defraud the government demand the analytical ability of financial investigators to wade through complex paper and computerized financial records. Due to the increased use of automation for financial records, CI special agents are trained to recover computer evidence. Along with their financial investigative skills, special agents use specialized forensic technology to recover financial data that may have been encrypted, password protected, or hidden by other electronic means.

Criminal Investigation’s conviction rate is one of the highest in federal law enforcement. Not only do the courts hand down substantial prison sentences, but those convicted must also pay fines, civil taxes and penalties.

 

The Criminal Investigation strategic plan is comprised of three interdependent programs: Legal Source Tax Crimes; Illegal Source Financial Crimes; and Narcotics Related Financial Crimes. These three programs are mutually supportive, and encourage utilization of all statutes within CI’s jurisdiction, the grand jury process, and enforcement techniques to combat tax, money laundering and currency crime violations. Criminal Investigation must investigate and assist in the prosecution of those significant financial investigations that will generate the maximum deterrent effect, enhance voluntary compliance, and promote public confidence in the tax system.

 

United States Code Statutes for which Criminal Investigation has Jurisdiction

 

Violations that are within the investigative jurisdiction of Criminal Investigation are cited and summarized below: 

Table of Contents

Title 18

Violations

Aiding, abetting, counseling, commanding, inducing, or procuring the commission of an offense relating to a violation

18 USC §2

Receiving, relieving, comforting, or assisting an offender to hinder or prevent his apprehension, trial, or punishment relating to a violation

18 USC §3

Misprision of felony (failure to disclose and concealment of information about commission of a felony) relating to a violation

18 USC §4

Assaulting, resisting, or impeding federal officers or employees

18 USC §111

Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member

18 USC §115

Concealment of assets, false oaths and claims; and bribery

18 USC §152

Bankruptcy fraud

18 USC §157

Bribery of public officials and witnesses

18 USC §201

Taking from official files, papers relating to claims or using papers so taken

18 USC §285

Conspiring to defraud the United States with respect to claims

18 USC §286

False, fictitious, or fraudulent claims upon the United States

18 USC §287

Conspiracy to commit an offense against or to defraud the United States relating to a violation listed in this section

18 USC §371

Conspiracy to impede or injure an officer relating to a violation listed in this section

18 USC §372

Power of courts relating to a violation listed in this section

18 USC §401

Contempts constituting crimes relating to a violation listed in this section

18 USC §402

Counterfeiting, forgoing, or falsifying powers of attorney, orders, receipts, or other writings to obtain money from or to defraud the United States , etc.

18 USC §495

Fictitious obligations

18 USC §514

Impersonating an officer or employee of the United States ( IRS only)

18 USC §912

Impersonator making search or arrest

18 USC §913

Making false, fictitious, or fraudulent written or oral statements or representing a matter within the jurisdiction of a department or agency of the United States relating to a violation

18 USC §1001

Possessing false writings or documents to enable another to obtain money from the United States relating to a violation

18 USC §1002

Fraud and related activity in connection with identification documents

18 USC §1028

Concealing person from arrest relating to a violation listed in this section

18 USC §1071

Flight to avoid prosecution or giving testimony

18 USC §1073

Protection of officers and employees of the United States

18 USC §1114

Obstructing or assaulting a duly authorized server of a writ or process of a US Court or a US Magistrate relating to a violation

18 USC §1501

Influencing or injuring officer or juror generally

18 USC §1503

Obstruction of proceedings before departments, agencies, and committees

18 USC §1505

Obstruction of criminal investigations relating to a violation in this section

18 USC §1510

Tampering with a witness, victim, or an informant

18 USC §1512

Retaliating against a witness, victim, or an informant

18 USC §1513

Perjury relating to a violation

18 USC §1621

Procuring another to commit perjury (subornation of perjury) relating to a violation listed in this section

18 USC §1622

False declaration before a grand jury or court relating to a violation

18 USC §1623

Interstate or foreign travel or transportation in aid of racketeering enterprises

18 USC §1952

Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity with the intent to promote the carrying on of specified unlawful activity

18 USC §1956A1AI

With the intent to engage in conduct constituting a violation of 18 USC §7201 or §7206

18 USC §1956A1AII

Knowing that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control, of proceeds of specified unlawful activity

18 USC §1956A1BI

To avoid a transaction reporting requirement under state or Federal law

18 USC §1956A1BII

Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States

18 USC §1956A2

With the intent to promote the carrying on of a specified unlawful activity

18 USC §1956A2A

Knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or part to conceal or disguise the nature, the location, the source, the ownership, or the control, of proceeds of a specified unlawful activity

18 USC §1956A2B

To conceal or disguise the nature, the location, the source, the ownership, or the control, of proceeds of a specified unlawful activity

18 USC §1956A2BI

To avoid a transaction reporting requirement under state or Federal law

18 USC §1956A2BII

Whoever conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate a specified unlawful activity, with the intent

18 USC §1956A3

To promote the carrying on of specified unlawful activity

18 USC §1956A3A

To conceal or disguise the nature, the location, the source, the ownership, or the control, of proceeds of specified unlawful activity

18 USC §1956A3B

To avoid a transaction reporting requirement under state or Federal law

18 USC §1956A3C

Conspiracy to commit violations of 18 USC §1956 or §1957 (as of 10/1994 renumbered as 18 USC §1956H)

18 USC §1956G

Conspiracy to commit violations of 18 USC §1956 or §1957

18 USC §1956H

Engaging in monetary transactions in property derived from a specified unlawful activity

18 USC §1957

Illegal money transmitting business

18 USC §1960

Prohibited activities of racketeer influenced and corrupt organizations

18 USC §1962

Concealing, removing, mutilating Government records and reports

18 USC §2071

Assaulting, resisting, or interfering with a person making an authorized search or seizure

18 USC §2231

Destroying or removing property to prevent its seizure

18 USC §2232

Destruction or removal of property to prevent seizure

18 USC §2233

Providing material support to terrorists

18 USC §2339A

Providing material support or resources to designated foreign terrorist organization

18 USC §2339B

Prohibitions against the financing of terrorism

18 USC §2339C

Jury trial of criminal contents

18 USC §3691

 

Title 26

Violations

Structuring transactions to evade reporting requirements for returns relating to cash received in trade or business

26 USC §6050I

Evasion of tax in any matter

26 USC §7201

Failure to collect or account for and pay over tax

26 USC §7202

Failure to file return, pay tax, keep records, or supply information

26 USC §7203

Fraudulent statement or failure to make statement to employees

26 USC §7204

Fraudulent withholding exemption certificate or failure to supply information

26 USC §7205

Making and subscribing a false return, statement, or other document under the penalties of perjury

26 USC §72061

Aiding or advising the preparation or presentation of a false return, affidavit, claim, or other document

26 USC §72062

Executing a false bond, permit or other document, or aiding or advising such an execution

26 USC §72063

Removing, depositing, or concealing property subject to tax or levy with intent to evade

26 USC §72064

Concealing property, withholding, mutilating or falsifying a record, or making a false statement in connection with a compromise or closing agreement

26 USC §72065

Fraudulent returns, statements, or other document

26 USC §7207

Counterfeiting, mutilating, and other offenses relating to tax stamps

26 USC §7208

Unauthorized use or sale of stamps

26 USC §7209

Failure to obey summons

26 USC §7210

False statement to a purchaser or lessee relating to amount of tax involved in purchase or lease

26 USC §7211

Forcible interference with administration of the Internal Revenue Laws

26 USC §7212A

Forcible rescue of seized property

26 USC §7212B

Offenses by officers and employees of the United States

26 USC §7214

Failure to comply with notice (under IRC §7512) to collect withheld income and social security taxes and collected excise taxes and to deposit such taxes in a special bank account

26 USC §7215

Failure to obtain license for collection of foreign items (dividends and interest)

26 USC §7231

Failure to register or give bond, or false statement by manufacturer or producer of gasoline or lubricating oil

26 USC §7232

Representation that the retailer’s excise tax is excluded from the price of an article

26 USC §7261

Violation of occupational tax laws relating to wagering, failure to pay Special Tax

26 USC §7262

Possession of taxable goods with intent to sell in fraud or avoid payment of taxes thereon

26 USC §7268

Failure to affix stamps on foreign insurance policy with intent to evade tax

26 USC §7270

Penalty for offenses relating to certain airline tickets and advertising

26 USC §7275

Unlawful to have or possess any property used in violating provisions of Internal Revenue Law

26 USC §7302

 

Title 31

Violations

Financial institution's requirement to file currency transaction report

31 USC §5313A

Record and reports on foreign financial agency accounts

31 USC §5314

Search and forfeiture of monetary instruments

31 USC §5317

Failure to file SAR's

31 USC §5318G

Failure to establish an anti-money laundering program

31 USC §5318H

Criminal violation of Title 31 reporting requirements

31 USC §5322A

Criminal violation of Title 31 reporting requirements involving other criminal activity

31 USC §5322B

Cause or attempt to cause a domestic financial institution to fail to file a required report

31 USC §5324A1

Cause or attempt to cause a domestic financial institution to file a required report that contains a material omission or misstatement of fact

31 USC §5324A2

Structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions

31 USC §5324A3

Cause or attempt to cause a nonfinancial trade or business to fail to file a required report

31 USC
§5324b1

Cause or attempt to cause a nonfinancial trade or businesses to file a required report that contains a material omission or misstatement of fact

31 USC
§5324b2

Structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more nonfinancial trades or businesses

31 USC
§5324b3

Criminal penalties for violating any part of the structuring statute

31 USC
§5324d

Identification requirement for purchasing certain monetary instruments

31 USC
§5325

Registration requirement for money transmitting businesses

31 USC
§5330

Nonfinancial trade or business requirement to file report for coin and currency receipt of more than $10,000

31 USC
§5331a

Bulk cash smuggling into or out of the United States

31