Why is the IRS Sitting on its Hands?
It has been more than three years since UBS whistleblower extraordinaire Bradley Birkenfeld approached the DOJ, IRS, and SEC with information about potential tax evasion by U.S. clients facilitated by UBS AG. Since then, the IRS appears to have been sitting on its haunches and not making the most effective use of the information Birkenfeld provided. Whistleblower booster Senator Chuck Grassley (R-Iowa) has contacted the IRS, demanding an accounting of what, exactly, the agency has done with the seemingly incredible gift Birkenfeld gave it. Keep in mind that the only reward Birkenfeld has received so far for coming forward is jail time.
The main reason for Senator Grassley's concerns is that the Swiss Parliament this week rejected a deal made with the U.S. last August to hand over banking information on more than 4,000 wealthy American UBS clients suspected of tax evasion. In his letter to the IRS, Senator Grassley argues that the agency should not be sitting around waiting for treaties to be ratified. The agency has the information in its hands now, and Senator Grassley is concerned that it is wasting time while the Swiss government unravels its agreements with the DOJ. (Banking secrecy has until recently been ironclad in Switzerland, so the parliament may be rattling its legislative sabers a bit in an effort to shore up the nation's reputation).
If the entire Swiss parliament does not approve the deal with DOJ by June 18th, things could get really ugly for UBS. DOJ could revive a lawsuit to turn over 52,00 names (way, way beyond the 4,450 stipulated in the original agreement). If UBS failed to turn over the 52,000 names, it could end up facing fines amounting to millions of dollars per day of refusal. Furthermore, if UBS fails to turn over any of these names, it could face indictment.
Either way, the skies look rather stormy for UBS right now. This still doesn't explain why the IRS is not taking advantage of the leads Birkenfeld provided. Perhaps Senator Grassley's letter will be enough to get a few accountants' motors running!
This article is brought to you by the QTT, the epicenter for whistleblowers and people interested in the False Claims Act, Qui Tam Provisions, and Medicare and Medicaid fraud. To discuss a potential case, please call Eric Young at 1 (800) 590-4116.
Cashing in Early on Tax Tips
In what could become a hot new market, whistleblowers are starting to cash in early on their rewards from the IRS--and investors are eating it up. Ever since the rules governing IRS rewards for tax fraud informants changed in 2006 to provide for bigger whistleblower awards, there has been a huge surge in tips provided to the agency. Investors, including hedge funds and private equity groups, have realized that there is some big money at stake here, and they are willing to front whistleblowers a portion of their reward in return for a large percentage of the final IRS payout--sometimes as much as 65%. If hedge fund managers are paying this much attention to an investment, you can bet that there is some serious money to be made. These are the guys, after all, whose top 25 earners made a collective $25.3 billion in 2009.
In the first advance payment made to an IRS whistleblower so far, a private equity firm paid $4 million to informant Eric R. Havian. Havian's attorney noted that the whistleblower needed the money to pay for living expenses because, as is the case with many other whistleblowers, he had trouble finding a job after reporting a multinational corporation that allegedly underpaid its taxes by billions of dollars. A common thread in the whistleblower experience is the high probability of being rejected by the industry in which the whistleblower used to work. Whistleblowers face a growing financial burden while they wait around, unemployed, for the IRS to pay out an award. It seems that by making advance payments available to whistleblowers, hedge funds and other investors could actually promote more whistleblowers to come forward with tips.
In what is perhaps the ultimate irony in all of this, mega-bank Credit Suisse has explored the possibility of investing in whistleblower claims. Credit Suisse has been targeted by the U.S. and other countries for allowing people to hide their assets in secret accounts with the bank. There must be a lot of potential in whistleblower reward investments if a bank is exploring the possibility of potentially betting against its own interests!
This article is brought to you by The Qui Tam Team, the epicenter for whistleblowers and people interested in the False Claims Act, Qui Tam Provisions, and Medicare and Medicaid fraud. To discuss a potential case, please call Eric Young at 1 (800) 590-4116.
Tax Fraud…Behind Bars!
Consider this: you committed a crime, weren't wiley enough to avoid getting caught, and now you're in jail. What's the first thing on your mind? Well, send a bunch of fraudulent tax returns to the IRS in order to collect millions in refunds, of course!
Investigators in Key West, Florida have found that inmates in the Monroe County jail have been running a tax refund scam since at least 2004. The inmates devised an elaborate scheme whereby they used names of fake or defunct businesses along with a cheat sheet that showed how to fill out forms line by line. The tax fraudsters convinced other unsuspecting inmates to give up their social security numbers, sometimes in exchange for honey buns, which are apparently haute cuisine in prison.
Once the inmates had all of this information, they made extensive use of family members to help with the scam on the outside. In return, the inmates filled out fake returns for family members, as well as themselves and other inmates, some of whom were charged a $500 fee.
Other documented instances of prisoner tax fraud have also surfaced. One Florida prisoner was sentenced to an additional 33 months in jail after he prepared 64 fraudulent returns for other prisoners--as well as a handy self-help manual. In another case, this time in South Carolina, a dubious trio comprising two inmates and an inmate's mother hatched a scheme in which one inmate stole other prisoners' social security numbers and made fake W-2s, the other inmate used the W-2s to file false returns, and mom lovingly provided the checking account for deposit of the refunds. People outside the prison systems--often family members--clearly play an important role in most of these tax fraud schemes. Perhaps this helps to explain why the inmate is locked up in the first place!
Fortunately, Congress has recognized the gravity of the problem posed by inmate tax fraud and has amended the Internal Revenue Code to help combat tax fraud by prisoners. The fraud continues, however, despite IRS attempts to block refunds from getting into prisoners' hands. Testimony before the House Ways and Means committee five years ago revealed that the IRS had managed to block $53 million in refunds to inmates, but $14 million in fraudulent refunds did manage to slip through the...bars. Given the billions of tax payer dollars that are spent to house inmates, $14 million may seem like a drop in the bucket. However, this kind of fraud is a big insult on principle alone, particularly when other inmates who are trying to turn their lives around in prison get duped into turning over their social security numbers.
This article is brought to you by The Qui Tam Team, the epicenter for whistleblowers and people interested in the False Claims Act, Qui Tam Provisions, and Medicare and Medicaid fraud. To discuss a potential case, please call Eric Young at 1 (800) 590-4116.



