The Qui Tam Team Blog Join In the Fight Against Fraud

12May/100

Tax Fraud…Behind Bars!

This post was written by Josh

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.

29Apr/100

Protecting Corporate Whistleblowers

This post was written by Josh

A corporate whistleblower faces a very real risk of retaliation by her employer, commonly in the form of termination. Certain provisions of the Sarbanes-Oxley Act (SOX) provide protections for whistleblowers, and new whistleblower protections could potentially come through the proposed financial reform bill.

18 U.S.C. sec. 1514A of SOX protects corporate whistleblowers by providing them with the remedy of a civil action in the event of retaliation by their employer.  Publicly traded companies, as well as their contractors, subcontractors, and agents, are prohibited from retaliating against a whistleblower who participates in an investigation or participates in an action stemming from violations of Federal law relating to fraud against shareholders.

If a whistleblower does suffer some sort of retaliation, she has two options depending on the amount of time that has elapsed. She could file a complaint with the Secretary of Labor, or, in the event that the Secretary of Labor has not issued a decision within 180 days of the filing of the complaint and the whistleblower has not done anything in bad faith to cause the delay, the whistleblower can go ahead and file a lawsuit in federal district court. As a side note, there is a special loophole created for whistleblower plaintiffs here. Normally, in order to get into federal district court the amount in controversy must be $75,000 or more. For whistleblowers alleging discrimination, this requirement is waived.

The proposed financial reform legislation, which may be headed to the Senate floor this week, could significantly expand whistleblower protections. Under both the House version of the bill as well as that proposed by Senator Chris Dodd, the SEC would be authorized to reward whistleblowers for any insider trading violations (not just those related to securities, as the law currently stands). In addition, the whistleblower's share of the SEC sanction would be increased to 30% from its current 10%. This is a significant jump, putting it in line with the maximum recoveries available to qui tam relators and IRS whistleblowers.

Blowing the whistle is by no means without risk. The whistleblower should take some comfort, however, in the fact that there are several protections available, and stronger protections likely are on the way. Recent events in the financial world, such as the Goldman Sachs short selling debacle, are sure to provide an impetus to Congress to reinforce whistleblower protections in this area.

This article was sponsored 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.

23Apr/100

Putting the “i” in IRS

This post was written by Josh

Every citizen has the chance to be the next super-star IRS whistleblower (without the unfortunate jail sentence, like UBS whistleblower Bradley Birkenfeld). If you have specific, credible information about someone who is cheating on their taxes, there may be a significant amount of reward money for you--up to 30% of the tax, penalties, and other amounts the agency collects. Blowing the whistle on a tax cheat is not just beneficial for the government, it's also a straightforward and effective way for ordinary citizens to fight fraud!

There are several things to keep in mind if you're thinking about becoming an IRS whistleblower. The Qui Tam Team experts can provide advice in this area, but in the meantime, consider the following:

  • Your tip cannot be speculation or unsupported hearsay;
  • Don't try to get revenge on someone whom you believe has wronged you--the IRS doesn't care to get involved if you are only trying to get back at the alleged tax cheat;
  • Your tip must lead to an action, such as an audit;
  1. The Big One: If the tip concerns a tax evader who owes more than $2 million in taxes, penalties, and other amounts, the whistleblower is entitled to between 15 and 30 percent of the amount recovered. If your tip concerns an individual, their annual gross income must be greater than $200,000. The whistleblower can dispute the amount of their reward in Tax Court if the whistleblower feels it's inadequate.
  2. The Smaller (but still good) One: Even if your tip doesn't meet the $2 million/$200,000 thresholds, there may still be a reward for you. These awards are a maximum of 15% of the amount recovered by the IRS, up to a total of $10 million (not bad by any means!). These awards are discretionary, and the whistleblower is not allowed to dispute them in Tax Court.

Regardless of the level of tax fraud, blowing the whistle can be very lucrative, and hundreds of Americans stand to cash in. The IRS' program has been quite successful in bringing in tips, and in 2008, the number of IRS whistleblowers quadrupled. More than one-tenth of the cases alleged tax fraud of more than $100 million. Consider this number: if your tip concerned tax fraud of $100 million, you could potentially receive a $30 million reward! This is really a win-win situation for everyone involved (perhaps not so much for the tax dodger, obviously!), because the government reclaims tax dollars, alleviating the burden on taxpayers, while the whistleblower is rewarded for his or her unique inside information.