OverviewThe Internal Revenue Service has had its hands full recently with a surge in complex criminal cases. Criminal tax enforcement, which has grown in both sophistication and scale, now regularly involves pressing criminal law issues such as the exposure of corporations, offshore bank accounts, parallel civil and criminal investigations, and the sometimes thin line that exists between civil and criminal violations. Likewise, the statutes for money laundering continue to apply broadly and impose potentially severe sentencing and forfeiture consequences, and the government has become willing to transform some criminal tax charges into money laundering charges. The recent usage of the Bank Secrecy Act by the IRS and other agencies has also contributed to the proliferation of more complex cases, as they are now employing this law not only to pursue traditional currency reporting offenses but also to step up enforcement of offshore reporting requirements, and to require and enforce anti-money-laundering requirements for financial institutions.
AuthorsPeter D. Hardy