Part 9
Criminal Investigation
Chapter 4
INVESTIGATIVE TECHNIQUES
Section 4
REQUESTS FOR INFORMATION
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Contents
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A number of entities have established special procedures for special agents
to follow in requesting information from them. These various procedures must
be followed in administrative investigations, and should be followed whenever
possible in grand jury investigations.
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A number of government entities have established special procedures for special
agents to follow in requesting information from them. These various procedures
must be followed in administrative investigations, and should be followed
whenever possible in grand jury investigations.
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The IRS has established special procedures for special agents to follow in
requesting information. These various procedures must be followed in
administrative investigations, and should be followed whenever possible in
grand jury investigations.
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The Martinsburg Computing Center maintains the master file that is a tax
record of all known taxpayers. The master file is separated into several
categories, some of which are the business master file (BMF), the individual
master file (IMF), information return master file (IRMF), tax return data
base (TRDB), residual master file (RMF), and the retention register.
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Information from both the business master file (BMF) and the individual master
file (IMF) is available on-line. This is accessed on the IDRS network via
command codes BMFOL (business master file on-line) and IMFOL (individual
master file on-line). This information should eliminate the need for a regular
transcript of account in most situations.
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Information from both the IRMF and the TRDB is available on line. The IRMF
is accessed through the IDRS network using command code IRPTR. This will
give you six (6) prior tax years information return data, e.g., W-2, 1099,
CTR, etc. It also contains information of passports and green cards. The
TRDB is accessed through the IRDS network using the command code TRDBV. This
is the system of record for storing ELF returns beginning with TY 1999. The
system currently contains TY 1998 and TY 1999 but will eventually contain
the records for the required timeframe for the Form 1040. This information
will provide the field the ability to research this information on-line whenever
needed.
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The Business Master File (BMF) maintained on magnetic tape is a tax record
of business taxpayers required by law and regulations to have Employer
Identification Numbers (EIN) as identifying account numbers.
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The types of taxes processed to the BMF are limited to:
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Employment Taxes (Return Form 940);
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Withholding and FICA Taxes (Return Form 941);
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Corporation Income Taxes (Return Form 1120);
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Excise Taxes (Return Form 720);
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Railroad Retirement Taxes (Return Form CT-1);
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Employment (Household) Taxes (Return Form 942);
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Employment (Agricultural) Taxes (Return Form 943);
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Corporation Income (Small Business) Taxes (Return Form 1120S);
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Fiduciary Income Taxes (Return Form 1041);
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Partnership Income Taxes (Return Form 1065);
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Foreign Corporation Income Tax Return (Return Form 1120F);
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Life Insurance Company Income Tax Return (Return Form 1120L);
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Mutual Insurance Company Income Tax Return (Return Form 1120M);
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Special Taxes (Return Form 11, 11B, 11C);
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Wagering Tax (Return Form 730);
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Estate Tax (Return Form 706);
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Highway Use Taxes (Return Form 2290); and
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Gift Taxes (Return Form 709).
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In addition, tax returns on exempt organizations which have income from
investments are processed on BMF.
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The Individual Master File is a magnetic tape record of all individual income
tax filers, in Social Security Number sequence, and is maintained at the
Martinsburg Computing Center. All tax data and related information pertaining
to individual income taxpayers are posted to the Individual Master File so
that the file reflects a continuously updated and current record of each
taxpayer's account. All settlements with taxpayers are effected through computer
processing of the Individual Master File account and the data therein is
used for accounting records, for issuance of refund checks, bills or notices,
answering inquiries, classifying returns for audit, preparing reports and
other matters concerned with the processing and enforcement activities of
the Internal Revenue Service.
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The returns filed include Income Tax Forms 1040, 1040A, 1040NR, 1040C, 1040SS,
1040PR, and Estimated Tax Returns 1040ES. Each taxpayer account has an entity
module and one or more tax modules. The entity module contains data which
describes the taxpayer as an entity and which applies to all records of the
taxpayer. This entity module contains groups of data including name, address,
etc. A tax module contains records of tax liability and accounting information
pertaining to the income tax for one tax period. Each tax module contains
groups of data including balance due amounts, refund checks sent, and other
accounting information relating to a specific tax period.
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The Retention Register contains all entity and tax modules removed from the
Master File. The basic criteria for removal of a tax module are:
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A zero module balance;
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No freeze or unsettled conditions present; and
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No activity to the module for 27 months.
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Transcript (Computer Generated)-A machine printout from the Martinsburg Computing
Center that provides master file information on a particular taxpayer's account.
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Transcript (Manually Prepared)-A typed transcript from a Fraud Detection
Center of a taxpayer's account which is extracted from microfilm or from
non-master file section of the IRS Campus which maintains manual records
relating to controlled situations.
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There are ten IRS campuses located across the country that process tax returns.
For processing year 2002 and after, eight of the campuses will process individual
returns (IMF) and two will process business tax returns (BMF). A CI Fraud
Detection Center (FDC) is co-located with each of the processing centers.
For processing year 2002 and after, when current year tax returns are needed
they should be filed at the designated IMF or BMF processing center. Prior
year returns will be obtained from the pre-reorganization centers. Review
of the transcript for the particular returns DLN will indicate where the
return will be located.
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The breakdown of the states serviced by each IMF paper processing center
are as follows:
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CAMPUS |
STATE |
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Andover Campus |
Maine |
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Massachusetts |
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Michigan |
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New Hampshire |
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New York (Albany, Buffalo) |
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Rhode Island |
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Vermont |
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Atlanta Campus |
Florida |
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Georgia |
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North Carolina |
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South Carolina |
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West Virginia |
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Austin Campus |
Arizona |
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Colorado |
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Idaho |
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Montana |
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New Mexico |
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Texas |
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Utah |
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Wyoming |
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Brookhaven Campus |
Connecticut |
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Delaware |
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New Jersey |
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New York (Brooklyn, Manhattan) |
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Fresno Campus |
Alaska |
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California (Except Sacramento) |
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California (Sacramento) |
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Hawaii |
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Nevada |
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Kansas City Campus |
Illinois |
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Iowa |
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Kansas |
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Minnesota |
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Missouri |
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Oregon |
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Washington |
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Wisconsin |
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Memphis Campus |
Alabama |
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Arkansas |
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Kentucky |
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Louisiana |
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Mississippi |
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Nebraska |
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North Dakota |
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Oklahoma |
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South Dakota |
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Tennessee |
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Virginia |
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Philadelphia Campus |
Indiana |
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Maryland |
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Ohio |
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Pennsylvania |
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International |
The breakdown of the states serviced by each BMF paper processing center
are as follows: |
CAMPUS |
STATE |
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Cincinnati Campus |
Connecticut |
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Delaware |
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Illinois |
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Indiana |
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Kentucky |
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Maine |
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Maryland |
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Massachusetts |
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Michigan |
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New Hampshire |
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New Jersey |
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New York (ALB, BUF) |
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New York (BRK, MAN) |
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North Carolina |
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Ohio |
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Pennsylvania |
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Rhode Island |
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South Carolina |
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Vermont |
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Virginia |
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West Virginia |
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Wisconsin |
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Excise Tax (All States) |
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Ogden Campus |
Alabama |
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Alaska |
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Arizona |
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Arkansas |
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California (Except SAC) |
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California (SAC) |
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Colorado |
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Florida |
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Georgia |
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Hawaii |
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Idaho |
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Iowa |
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Kansas |
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Louisiana |
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Minnesota |
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Mississippi |
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Missouri |
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Montana |
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Nebraska |
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Nevada |
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New Mexico |
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North Dakota |
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Oklahoma |
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Oregon |
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South Dakota |
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Tennessee |
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Texas |
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Utah |
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Washington |
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Wyoming |
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Exempt Organizations (All States) |
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Philadelphia Campus |
International |
The Fraud Detection Center on the IRS campus will be the source of the court
witness for criminal trials. Since the witness is testifying on behalf of
the Processing Center Director, the custodian of the records, multiple centers
may have to be contacted to obtain the necessary information and certifications. |
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Foreign financial transaction forms are available at IRS campuses. The following
is a list of the available forms, where filed and information on requesting
the forms.
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Form 926-Return by a Transferor of Property to a Foreign Corporation, Foreign
Estate or Trust, or Foreign Partnership-Used to report excise tax on transfer
of property by a U.S. person to a foreign partnership, trust or estate, or
corporation. This form is a non-master file return and may be filed at any
IRS campus. Therefore, requests for this form should be forwarded to the
IRS campus where the taxpayer's income tax return is required to be filed.
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Form 957-U.S. Information Return by an Officer, Director, or U.S. Shareholder
of a Foreign Personal Holding Company-Used by officers, directors, or United
States shareholders in making annual information returns for foreign personal
holding companies. This form is a non-master file return and is only filed
at the Philadelphia Campus. This form was obsoleted beginning with Tax Year
1983 and was replaced by Form 5471, Schedule N, Foreign Personal Holding
Company.
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Form 1040 NR-U.S. Nonresident Alien Income Tax Return-Used by all nonresident
alien individuals, whether or not engaged in a trade or business within the
United States, who file a U.S. tax return. Also used as required for filing
nonresident alien fiduciary (estate and trusts) returns. This form is a master
file return which is only filed at the Philadelphia Campus.
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Form 1042-U.S. Annual Return of Income Tax To Be Paid at Source (Under Chapter
3, Internal Revenue Code)-Used by withholding agents to report tax withheld
at source on certain income paid to nonresident alien individuals, foreign
partnerships, or corporations not engaged in trade or business in the U.S.
This form is a non-master file return which is only filed at the Philadelphia
Campus.
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Form 1042 S-Income Subject to Withholding Under Chapter 3, Internal Revenue
Code-Used by a withholding agent to report certain income paid to non-resident
alien individuals, foreign partnerships or corporations addressed in foreign
countries. This is a non-master file return which is only filed at the
Philadelphia Campus. These returns reflect income and withholding and are
similar to Form W-2 and would not normally be requested or researched unless
a Form 1042 were filed.
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Form 1120 F-U.S. Income Tax Return of a Foreign Corporation-Used by foreign
corporations to report income tax. This is a master file return which is
required to be filed at the Philadelphia Campus. There is no master file
designation to differentiate between Forms 1120 and 1120F. This necessitates
the requisitioning of the actual return in order to determine whether or
not the form relates to a foreign corporation.
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Form 3520-United States Information Return Creation of or Transfers to Certain
Foreign Trusts-Used by a grantor in the instance of an inter vivos trust,
a fiduciary of an estate in the instance of a testamentary trust, or a transferor
on or before the 90th day after the creation of any foreign trust by a U.S.
person or the transfer of any money or property to a foreign trust by a U.S.
person. This form is required to be filed at the Philadelphia Campus. When
the Form 3520 is filed, it is held for future association with the beneficiary's
Form 1040. Requests should be made to the appropriate IRS campus where the
beneficiary's Form 1040 is filed. Forms 3520 that cannot be associated with
Forms 1040 are non-master file items maintained in alpha sequence at the
Philadelphia Campus.
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Form 3520A-Annual Return of Foreign Trust With U.S. Beneficiaries-Used to
report foreign trust operations. The processing and requisitioning of this
form is the same as Form 3520, above.
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Form 4683-U.S. Information Return on Foreign Banks, Securities, and Other
Financial Accounts, and Foreign Trusts-This form was replaced by Form 90-22.1
for the 1977 tax year. Previously, the Form 4683 was attached to Form 1040/1120.
The Form can be secured from the service center where the taxpayer's Forms
1040/1120 were filed.
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Form 90-22.1-Report of Foreign Bank and Financial Accounts-This is a Treasury
form used by individuals, partnerships, trusts, or corporations having a
financial interest in or signatory authority over bank, security, or other
accounts in a foreign country with an aggregate amount of $1,000 at any time
during the calendar year ($5,000 beginning with Tax Year 1983). This form
is required to be filed at the Detroit Computing Center or at any local IRS
office. The Detroit Computing Center presently processes all Forms 90-22.1
for input to the Treasury Enforcement Communication System (TECS). See IRM
9.10.2 subsection 2.4.3 for processing requests for copies of Form 90-22.1.
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Form 5335-Income Subject to Withholding Under Chapter 3, Internal Revenue
Code as Reported on Form 1042S-This form is issued by the Philadelphia Campus
based upon the filing of Forms 1042S and is furnished to foreign countries.
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Form R 82-Claim to refund of Swiss tax-This form is required to be filed
at the Philadelphia Campus.
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Except for Form 5335, it should be noted that the above mentioned forms can
be requested in the normal requisition process via IDRS. When requesting
any of the above forms, field offices should provide, to the extent possible,
the taxpayer's complete name, SSN/EIN, and address. If this identifying
information is not available, the field offices should notify the Fraud Detection
Center if entities with similar name controls or name variations should also
be researched; i.e., John Doe Construction Company, Joe Doe & Sons
Construction Company, or John Doe Construction Association
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If there are any questions concerning the above procedures, field offices
may write the Resident Agent in Charge at the Philadelphia Campus, P.O. Box
6068, Stop 8390, Philadelphia, PA 19114, or call (215) 516-2406.
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Whenever any person engages in a currency transaction involving more than
$10,000 with a financial institution, the financial institution must record
the identity of the person or persons involved and within 15 days file a
report on Form 4789, Currency Transaction Report (CTR), containing certain
details of the transaction. These reports are filed with the IRS at the Detroit
Computing Center. (Treasury Regulation 31 CFR Part 103.22, 103.25(a) and
103.26)
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To determine if the subject has any CTRs on record, the special agent should
first make a query on the Currency and Banking Retrieval System (CBRS). The
CBRS printout will contain all of the information from the document(s) on
record.
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If certified copies of the CTRs are necessary, the special agent should submit
a written request, approved by the Supervisory Special Agent (SSA) to: Internal
Revenue Service, Detroit Computing Center, Attn: Compliance Review Group,
P.O. Box 32063, Detroit, MI 48232-0063. (Telephone requests may be made in
emergency situations, but must be followed by a written request).
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The special agent should include as much identifying data in the request
as is known. This includes:
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The subject's name, SSN, and address;
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The Report Control Number (RCN) or Document Control Number (DCN);
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The scheduled trial date; and
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Whether a negative certification is anticipated.
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Requests for information relating to Form 8362, Currency Transaction Report
by Casinos, should be made to the Detroit Computing Center, Currency &
Banking Reports Division, Attn.: CID Representative, 1300 John C. Lodge Dr.,
Detroit, MI 48226. Requests should be signed by the Special Agent in Charge
(SAC) and should include the individual or business name, address and identifying
number (SSN, EIN, etc.), zip code/zip code range or field office code.
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A gambling casino is defined as a casino licensed by a state or local government
and having gross annual gaming revenue in excess of $1,000,000. A casino
includes the principal headquarters and any branch or place of business.
Casinos which meet these requirements are subject to the reporting and
recordkeeping requirements of the Bank Secrecy Act. Casinos which have annual
gaming revenue less than $1,000,000, and their non-casino businesses, are
subject to the reporting requirements of I.R.C. 6050I. In addition, non-casino
businesses at casinos which have gross annual gaming revenue in excess of
$1,000,000, e.g., shops, restaurants, and hotels, are also subject to I.R.C.
6050I. Casinos within State of Nevada file their Forms 8362 with Nevada,
and these forms are forwarded to the Data Center by the Nevada Gaming Control
Board.
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9.4.4.2.1.9 (01-30-2001)
Field Office Evaluation of Suspicious Activity Report (SAR) Forms
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Financial institutions, including non-bank financial institutions, are required
to report suspicious currency transactions on a SAR form. The SAR form replaces
both Form 4789 and the Criminal Referral Form (CRF) for the reporting of
suspicious currency transactions and all other potential criminal violations
detected by financial institutions.
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CI field offices must initiate a Primary Investigation (PI) on each entity
that is the subject of five or more SAR forms that aggregate over $25,000
during a 12-month period. The Detroit Computing Center (DCC) will make such
notification to the appropriate SAC by means of a quarterly report generated
from the Currency Banking Retrieval System (CBRS).
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The PI should be completed within 60 days of receipt of the DCC notification,
and either elevated to a Subject Investigation or closed out.
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A National General Investigation (GI) Number, 009610001, the Suspicious Activity
Report, will track all PI's initiated for the evaluation of SAR forms received
from the DCC. (The National GI number will not be used when a CI field office
evaluates an SAR form developed at the field office level independent of
the DCC). Any Primary or Subject Investigation that originates from an SAR
form evaluation requires a source code of 55 in Item 18 of Form 4930 whether
developed at the field office level or by notification from the DCC.
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Each SAC will assign a person(s) to search CBRS weekly to extract SAR forms
for the field office that appears to warrant evaluation.
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Each field office will maintain a log or similar record for its GI files
for all SAR forms on the CBRS pertaining to that field office that have a
check mark for Item 39(A) (Bank Secrecy Act-structuring-money laundering).
The log must identify each SAR form subject, the date the SAR form was received,
and the SAR form disposition and disposition date.
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NOTE:
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A PI need not be initiated for CI to refer a SAR form to another division.
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Closing reports are not required for SAR form evaluation dispositions. However,
the PI files relating to SAR forms are to be maintained in the field office
for three years for post review.
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9.4.4.2.1.10 (01-30-2001)
Report of Cash Payments Over $10,000 Received in a Trade or Business
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Section 6050I of the I.R.C. requires any person who, in a trade or business,
receives more than $10,000 in cash, including foreign currency, in one
transaction or in 2 or more related transactions, to file an information
return with the IRS.
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Form 8300 must be filed with the Internal Revenue Service at the Detroit
Center within 15 days after the recipient receives more than $10,000 in cash.
In addition, the recipient must keep a copy of each return filed for 5 years
from the date of filing.
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Any person required to file Form 8300 must furnish a single, annual, written
statement, on or before January 31 of the year following the calendar year
in which the cash was received, to each person whose name is set forth on
the Form 8300 ("identified person" ) filed with the IRS. This statement need
not follow any particular format but it must contain the following information:
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The name and address of the person making the return;
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Total amount of cash received by the person required to file Form 8300; and
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A legend stating that the information contained in the statement is being
reported to the IRS.
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Request for copies or requests for special computer runs summarizing Form
8300 data should be made to the Detroit Computing Center, Currency &
Banking Reports Division, Attn.: CID Representative, 1300 John C. Lodge Dr.,
Detroit, MI 48226. Requests should be signed by the SAC and should include
individual or business name, address and identifying data (SSN, EIN, etc.),
zip code/zip code range or field office code.
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Regulations under the Social Security Act authorize the Social Security
Administration to disclose information to any officer or employee of the
Department of the Treasury lawfully charged with the administration of Titles
II, VIII, or IX of the Social Security Act, the Federal Insurance Contributions
Act, the Self-Employment Act, or the Federal Unemployment Tax Act, or any
Federal income tax law, for the purpose of such administration only. The
regulations expressly forbid further disclosure of information thus obtained,
or its use for any purpose other than administration of the employment and
income tax laws.
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Form 2264, Request for Social Security Account Information, shall be used
in requesting the name and address of the latest reporting employer of a
taxpayer from the records of the Social Security Administration (SSA).
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Requests for itemization of quarterly earnings, which identify employers
and amounts of wages taxable under the Federal Insurance Contributions Act,
may also be made to the Social Security Administration when such information
is needed in the administration of employment and income tax laws. Requests
of this type shall be made by letter stating that the information is to be
used for official purposes of an employment or income tax matter and identifying
the period or periods for which an itemization of quarterly earnings is
requested.
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"IRS-CRIMINAL INVESTIGATION" should be labeled before the body of the letter
and should be mailed directly to the Social Security Administration, Mail
and Work Distribution Section, Lower Basement, Metrowest Bldg., 300 North
Greene Street, Baltimore, MD 21201 (FTS 646-8642). All envelopes should be
marked DO NOT OPEN IN MAILROOM.
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If the information is to be presented during legal proceedings SSA should
be requested to certify the information. However, information so obtained
should be used primarily as leads in conducting investigations, and only
where such information cannot be documented from any other source should
the special agent propose in his/her report that the Social Security
Administration records be used as evidence in court.
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Special agents will not attempt to obtain information (except information
concerning the payment of benefits) from Social Security Administration field
establishments.
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Every labor organization engaged in an industry affecting commerce must file
an annual financial report with the Secretary of Labor on Form LM-2 or LM-3.
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The Act also requires a report (Form LM-10) from every employer who makes
or agrees to make any payment or loan, including reimbursed expenses, to
any labor organization, labor relations consultant, or any union officer
or employee; and a report (Form LM-30) from every labor organization officer
or employee who receives payments from an employer.
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Every labor relations consultant is required to file an annual Agreement
and Activities Report (Form LM-20) detailing the specific activities engaged
in; and a Receipts and Disbursements Report (Form LM-21), showing receipts
from all employers for labor relations advice or services, and all disbursements
by the consultant in connection with such activities. Legal fees received
by an attorney in connection with labor relations, legal representation,
litigation, or advice are excluded from these reporting requirements.
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The Welfare and Pension Disclosure Act directs that the administrator of
an employee welfare or pension plan file with the Secretary of Labor a plan
description (Form D-1) setting forth the plan benefits, other data, and an
annual financial report (Form D-2) showing the amounts contributed by each
employer and by the employees; the amount of benefits paid; the number of
employees covered; and statements of assets, liabilities, receipts, and
disbursements.
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Copies of reports filed under the Labor-Management Reporting and Disclosure
Act ((1)-(3) above) may be inspected at the National Office of the Department
of Labor, Office of Labor-Management Welfare Pension Reports, Washington,
D.C., or at its area offices covering the geographical localities where the
persons or organizations filing the reports have their principal places of
business. Copies of reports filed under the Welfare and Pension Disclosure
Act ((4) above) are available for inspection only at its National Office.
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Requests for information from the Department of State should be made by
collateral request, forwarded to: SAC, Baltimore Field Office, 31 Hopkins
Plaza, Federal Building, Room 625, Baltimore, Maryland, 21201. Each request
should include the taxpayer's name, date, and place of birth, and if known,
social security number, passport number, and date the passport was issued.
A minimum of 30 days is needed to process all requests.
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Passport records available include a copy of the application submitted for
a passport and an original photograph. In instances where an individual has
formally renounced his or her U.S. citizenship, a certificate of loss of
nationality can be requested.
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The Department of State does not maintain information regarding the taxpayer's
points of travel to and from the U.S. Expired passports are returned to the
holder unless there are indications that the passport has been altered at
the time a new passport is issued.
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The Securities and Exchange Commission has established special procedures
for special agents to follow in requesting information. These various procedures
must be followed in administrative investigations, and should be followed
whenever possible in grand jury investigations.
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List of Broker-Dealers. This file contains identification of all broker-dealers
(present and past) who at any time registered with the Commission. Such
information includes the name and mailing address of each person or entity,
the type of organization, and the effective registration date. An application
and background file is available for each entity. Also included is a detailed
disciplinary activity or criminal history record if applicable to the entity.
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Registration Information on Investment Advisors and Companies. This file
contains similar information on all investment advisors, whether individuals
or other entities.
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Information from SEC may be obtained by telephone from the Office of the
Assistant Administrator (Enforcement) and the Office of the Assistant
Administrator (Regulation) at the appropriate SEC Regional Office. In SEC
terminology the requester should specifically ask for SEC records and a "CRD"
printout. The CRD is the acronym for the Central Registration Depository
of the National Association of Security Dealers (NASD). The NASD is another
potential source of information.
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These files may also contain investigatory or enforcement information not
available to the public but available to an identified federal law enforcement
officer for law enforcement purposes. Enforcement or investigative files
may contain:
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Corporate documents;
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Documents from third-party sources;
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Witness statements; and
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Other appropriate investigatory material.
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To obtain such information (verbally) the special agent should telephone
the nearest SEC regional office. NOTE: Since SEC has both a Regulation Division
and an Enforcement Division, and each has information which may not be available
to the other, it is advisable to call both divisions in the SEC regional
office.
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If a hard copy of "non-public" information is needed, an Access Request must
be filed with SEC.
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SEC News Digest contains daily summaries of civil, criminal, and administrative
actions initiated by the Division of Enforcement in addition to other items
of interest to the securities industry. The SEC Weekly Docket is a weekly
summary of items that appeared in the daily Digests.
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The Quarterly SEC Securities Violations Bulletin lists all enforcement actions
completed by the Commission for the preceding quarter. These include
identification of all civil, criminal, and administrative proceedings such
as suspension or revocation of registrations, cease and desist orders,
indictments, convictions, and imposition of sentences.
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These publications are available by subscription for a fee. Information can
be obtained from SEC Publications at (202) 942-8090.
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9.4.4.2.5.3 (12-16-1998)
Other Information Available from SEC Regional Offices
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Other information available from SEC regional offices includes the following
corporate filings:
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Form 10-Q. Quarterly corporate financial report;
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Form 10-K. Annual corporate financial report;
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Form 8-K. Monthly corporate report made upon the occurrence of various key
events such as: change in control of registrant; change in registrant's
certifying accountant; and other materially important events;
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Form 8. Form used to amend other corporate filings; and
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Form 13(d). Filed by stockholders who hold 5 percent or more interest. It
should identify acquisition, show where money came from and how ownership
interest changed.
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If it is necessary for a special agent to have access to information or review
the files of the Interstate Commerce Commission (ICC), a request for such
information in the name of the Commissioner of Internal Revenue may be submitted
to the Chairman of the ICC. Requests should be submitted by the Director,
Field Operations through the Chief, CI, Attn.: CI:O, who will submit it through
official channels.
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9.4.4.2.7 (01-30-2001)
Comptroller of Currency (Bank Examiners' Reports)
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National bank examinations are made to determine bank financial positions
and to evaluate bank assets. Bank examiners' reports contain information
about bank records, loans, and operations. If a special agent needs information
contained in a bank examiner's report, the request should be submitted by
the SAC, to the Chief, CI. The request should set forth the taxpayer's name
and address, the information desired, the reason it is needed, and the intended
use. The Headquarters will transmit the request to the Comptroller of the
Currency.
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U.S. Government checks are issued by the U.S. Treasury Department, the U.S.
Post Office, and by the disbursing offices of the Army, Air Force, Navy,
and the Marine Corps. The military services and the U.S. Post Office Department
make disbursements relating to their own activities, and Treasury makes
disbursements for all other U.S. Government activities. They maintain copies
of paid vouchers and check listings or similar type records which identify
each check issued for goods or services. In addition, the Regional Disbursing
Officers, Bureau of Accounts, U.S. Treasury, microfilm all checks prior to
issuance. All canceled U.S. Government checks, from whatever source issued,
are processed by the Office of the Treasurer of the United States.
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The field office requesting a photocopy of a refund check should contact
the Resident Agent in Charge at the Fraud Detection Center which services
the requesting field office. The request should include the name of payee,
the payee's Social Security Number or Employer Identification Number, the
period and type of tax and the amount of the check. If the check is being
considered for use in a trial or a procedure requiring certification, the
request for certification should be included in the request.
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9.4.4.2.10 (12-16-1998)
U.S. Treasury Checks Issued for U.S. Government Agencies
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Photocopies of U.S. Treasury checks have to be obtained by initiating a request
through the U.S. Government agency which authorized the check.
-
Original U.S. Treasury Checks may be obtained if needed for handwriting or
forensic analysis. The special agent should contact the nearest Secret Service
field office or resident agent and complete Secret Service Form (SSF) 1600.
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The original check(s) will be forwarded to the requesting agent through the
appropriate Secret Service field office or Resident Agency. When the original
check is no longer needed, it should be returned to the U.S. Secret Service,
Washington Field Office (Forgery Operations), 1800 G Street, N.W., Washington,
D.C. 20223.
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Records of U.S. Savings Bonds purchased and redeemed should be addressed
to: Bureau of the Public Debt, Division of Transactions and Rulings, 200
Third Street, Parkersburg, WV 26101.
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The request should contain the following information:
-
The complete name;
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All addresses, including street and number, city and state which may be shown
on the inscription on the bonds and the years the taxpayer lived at each
address;
-
The taxpayer's SSN;
-
The years in which the bonds may have been issued; and
-
The series of bonds which may have been purchased.
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The Office of Currency Standards, Bureau of Engraving and Printing, will
notify the SAC when a person presents $5,000 or more of mutilated currency
for redemption. The Director, Operations Policy and Support (CI:O) will
immediately refer the information to the SAC in the field office in which
the person requesting the currency redemption resides. The Office of Currency
Standards will withhold payment in such instances for a period of thirty
days from date of notification so that the IRS can determine whether further
withholding of payment is desired.
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A mutilated currency report shall be screened to determine whether preliminary
inquiries should be undertaken by the special agent or whether the information
should be forwarded to the Examination or Collection functions. Care should
be taken that the Collection function is informed of the report immediately
upon its receipt, in order that they may exercise any right of offset for
outstanding assessment against the taxpayer involved. The Fraud Detection
Center and/or the Martinsburg Computer Center should be notified if a valid
social security number is available.
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It is not contemplated that CI will request the Office of Currency Standards
to withhold payment of mutilated currency beyond the original thirty-day
period except in rare or unusual instances. Such instances will generally
involve a jeopardy assessment situation where time is an element . Where
it is determined that such an unusual situation exists, the SAC with the
concurrence of the Director, Field Operations, will notify the Director,
Operations Policy and Support immediately so that the Office of Currency
Standards may be advised accordingly. If at the time of screening there is
no apparent CI or civil potential in the matter, it may be closed to file
without further action, or disposed of as any information item. No report
needs to be submitted to the Director, Operations Policy and Support if it
is determined that payment should not be withheld.
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When a special agent has information which indicates that a taxpayer has
presented mutilated currency for redemption in an amount less than $5,000,
the agent should prepare a request for the Office of Currency Standards to
search their files. The request should be in the name of the SAC and mailed
directly to:
Department of the Treasury
Bureau of Engraving and Printing
OCS, Room 344, BEPA
P.O. Box 37048
Washington, DC 20013
ATTN: Mrs. Lorraine Robinson
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The request would contain the following information if it is available:
-
Taxpayer's name and full address.
-
Amount of the redemption.
-
Approximate date the currency was presented for redemption.
-
Name of the bank where the currency was presented for redemption.
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The United States Customs Service has authorized Directors of Customs at
Headquarters Ports to furnish Internal Revenue officials with information
from Customs' records, such as owners' declarations, manifests and other
documents relating to the importation of taxable articles. Customs officials
have been instructed to immediately forward to the Customs Service for
consideration all Service requests for information not covered by prior
authorizations. Information obtained from Customs will be treated as being
of a confidential nature.
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Any person who physically transports, mails, ships, or causes to be transported,
currency or other monetary instruments of more than $10,000 at any one time,
from or into the United States shall file a report, Customs Service Form
4790, Currency or Monetary Instruments Report (CMIR).
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Any person who receives in the U.S. currency or monetary instruments of more
than $10,000 at any one time, from outside of the U.S., and where a report
has not been filed under 31 U.S.C. 103.23(a), shall file a Customs Service
Form 4790, Currency or Monetary Instruments Report (CMIR).
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Secret Service records include records pertaining to counterfeit and forgery
investigations and records pertaining to anonymous letters and background
files on persons who write "crank" letters.
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9.4.4.2.13 (01-30-2001)
Bureau of Alcohol, Tobacco, & Firearms (BATF) Records
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BATF records which may be of interest to CI are:
-
Records of distillers, brewers, and persons or firms who manufacture or handle
alcohol as a sideline or main product;
-
Record of inventory of retail liquor dealers and names of suppliers as well
as amounts of liquor purchased by brand;
-
Names and records of known bootleggers;
-
Reports of investigations; and
-
Records of firearms registration (alphabetical and numerical).
-
NOTE:
-
Requests for firearm trace histories and intelligence information should
be made to the nearest local BATF Office.
-
BATF should be requested to trace the history of all firearms which may have
been accidentally or criminally misused and which come to the attention of
CI either during or subsequent to an investigation. BATF will furnish a detailed
trace history on each firearm requested and any intelligence information
that may be of benefit to CI will be made available by the BATF Training
Center upon request.
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FBI Records include:
-
Criminal records and fingerprints;
-
National Stolen Property Index-Government property stolen, including military
property;
-
Nonrestricted information pertaining to criminal offenses;
-
National Fraudulent Check Index; and
-
Anonymous Letter Index.
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DEA records include information on licensed handlers of narcotics and also
criminal records of users, pushers, and suppliers of narcotics.
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INS records include:
-
Names and other information concerning immigrants and aliens;
-
Lists of passengers and crews on vessels from foreign ports;
-
Passenger manifests and declarations-ship, date, and point of entry required;
-
Naturalization records-names of witnesses to naturalization proceedings and
people who know the suspect;
-
Deportation proceedings; and
-
Financial statements of aliens and persons sponsoring their entry.
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The Post Office may disclose the name, address and other recorded information
about post office box holders to a recognized law enforcement agency. Oral
requests for this data must be directed to the Postal Inspector of the area
concerned stating that the information is necessary for law enforcement purposes.
Written requests for this data are required to be submitted on Form 4759,
Request for Information in Accordance with Postal Manual. Photocopies and
originals of applications for post office boxes cannot be obtained from the
U.S. Postal Service without a court order.
-
The Post Office may provide address information if required for the performance
of the agency's duties. "Address information" is defined as either the forwarding
address or verification of the current address. In emergencies, oral requests
for address information should be directed to a Postal Inspector of the area
concerned. Routine requests for address information are required to be submitted
on Form 4759, Request for Information
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To obtain information or photostats of postal money orders, where either
the IRS or the Department of the Treasury is the payee or purchaser, the
request should be addressed directly to Money Order Division, Postal Computing
Center, P.O. Box 14965, St. Louis, Missouri, 63182 and should bear the signature
of the SAC. Requests for copies of postal money orders which were purchased
by and payable to any other entities must be made through the local U.S.
Postal Inspection Service office, and must bear the signature of the SAC.
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"Mail cover" is the process by which a nonconsensual record is made of any
data appearing on the outside cover of any class of mail, or by which a record
is made of the contents of any unsealed class of mail as allowed by law,
to obtain information in order to:
-
Protect national security;
-
Locate a fugitive;
-
Obtain evidence of commission or attempted commission of a crime;
-
Obtain evidence of a violation or attempted violation of a postal statute;
or
-
Assist in the identification of property, proceeds or assets forfeitable
under law.
-
Requests for mail covers should be made in writing, stating therein which
of the purposes specified above is applicable. A separate request should
be made for each Post Office which must conduct the mail cover. The mail
cover request must also specify:
-
The identity of each individual or business name to be covered, giving name,
address, and ZIP code number;
-
That an official investigation is in progress;
-
The number and title of the Federal statute alleged to have been violated
and the maximum criminal penalty if convicted;
-
Reasonable ground that exists which demonstrates that the mail cover is necessary
to accomplish the law enforcement purpose; (for example, a statement that
correspondence from banks, stockbrokers, or other financial institutions
are likely to lead to discovering assets or sources of unreported income)
-
NOTE:
-
Although the request should be specific and sufficiently detailed to enable
Postal authorities to determine the need for the mail cover, disclosure of
return information must be limited to the extent necessary to obtain the
mail cover.
-
The name and address of any known attorney for the person, or a statement
that there is no known attorney (No mail cover shall include matter mailed
between the mail cover subject and the subject's known attorney);
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That the person, if not a fugitive, is not already under indictment in connection
with the matter under investigation;
-
A statement that if an information is filed or an indictment is returned
during the mail cover period, the Regional Chief Postal Inspector will be
immediately notified.
-
NOTE:
-
If the information or indictment is for an offense that is not part of the
CI investigation, the notification should be made in writing and should so
state. The notification should request that the mail cover be continued without
interruption. If a sealed indictment is returned in a CI investigation, the
Regional Chief Postal Inspector will be requested to cancel the mail cover.
There should be no mention of an indictment to the Regional Chief Postal
Inspector, thus avoiding making an unlawful disclosure by violating the secrecy
rules that govern Federal Grand Juries.
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A statement that only first class should be covered, unless it is specifically
necessary that other classes of mail be included. If other classes of mail
are to be included, a statement must be made establishing the necessity to
include other classes.
-
NOTE:
-
Second Class includes newspapers, periodicals, publications, and catalogs;
Third Class includes small parcels weighing less than 16 ounces, bulk rate
items, and circulars; Fourth Class includes parcels and mail not sealed against
Postal inspection.
-
The request for mail covers can be made orally, with approval by the SSA
in "emergency situations". The written request must follow within three calendar
days.
-
Conversely, if persons other than the subject of the mail cover are known
to reside at the address, a list of their names must be furnished, and all
mail addressed to them is to be excluded from the cover.
-
If liaison has been established with a local Postal Inspector, the name of
the Inspector should be provided in the request.
-
Requests for mail covers should be limited to not more than 30 days and canceled
if the information is obtained from other sources prior to the expiration
of the period. (Cancellations should be sent by the originating office and
addressed to the Manager, ISOSG of the postal area involved). Mail cover
requests can be renewed 3 times, not to exceed 120 days. A fourth renewal
request and all subsequent renewals must be submitted to the Chief, CI for
approval, together with a memorandum detailing the need to continue the mail
cover.
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The results of a mail cover will be documented daily by the Postal Service
on Form 2009, Information Concerning Mail Matter, and forwarded to CI. A
need for daily, weekly, or biweekly forwarding should be specified in the
original request.
-
All Forms 2009, received from the Postal Inspection Service are the property
of the Postal Service and must be returned within 60 days. Mail cover documents
must be treated with confidentiality.
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Reproduction of mail cover documents is prohibited.
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9.4.4.2.17.3 (01-30-2001)
Assistance of the Postal Service in Multiple Refund Schemes
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A request for delivery of a refund check to a specific address will be made
by the local Criminal Investigation Division agent to the local Postal Inspector.
The Postal Inspector will arrange to have an employee of the Postal Service
put the refund check in the Post Office box or deliver the check to a residence
address in a regular delivery. The Postal Inspector will notify the Criminal
Investigation Division of the approximate time the check will be delivered
to the desired address.
-
NOTE:
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A prison mail room is not part of the U.S. Postal system. Consequently, prison
officials can make additions to addresses without violating postal regulations.
In this regard, it is possible to request from prison officials that all
of a prisoner's mail going to the Internal Revenue Service be directed to
the Resident Agent in Charge, Fraud Detection Center of the appropriate IRS
campus. As appropriate, the Director, Refund Crimes should establish coordination
with local prison officials concerning assistance in redirecting any mail
leaving the prison.
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This agency maintains detailed and comprehensive records covering nearly
all aspects of the civilian aviation industry. Among the files maintained
are the Aircraft Register and the Airman Directory. Information includes,
but is not limited to, records pertaining to pilots, navigators, crewmembers,
repairmen, flight instructors, control tower operators, parachute riggers,
virtually any licensed individual connected with the industry. Aircraft records
include such diverse information as tail numbers, airworthiness certifications,
physical modifications, current and previous owners, and lienholders. Preliminary
or general inquiries regarding FAA data may be made to the Compliance and
Enforcement Unit, Law Enforcement Liaison at (405) 954-3784. Listed below
is the information most generally utilized.
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The following information is available on aircraft and is accessible by "N"
number, name of owner or serial number. Requests for information, by name
of owner, should include the individual's social security number and date
of birth.
-
Current registered owner;
-
Address of registered owner;
-
Last date of registration;
-
Date last sold;
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Previous owner;
-
Serial number;
-
Make and model;
-
Mortgage information;
-
Modifications to the aircraft;
-
Total history of the aircraft;
-
The FAA file may also include the bill of sale, transfer agreement, chattel
mortgage and airworthiness information.
-
The following information is available on licensed pilots and can be accessed
by name and date of birth, social security number or Certificate number.
(Files can be flagged so that any activity on the file will be reported to
the requesting agency, however such requests must be in writing):
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Social security number;
-
Date and place of birth;
-
Physical description;
-
Last known address, date address received and the source of the address;
-
Types of ratings and levels;
-
Certificate number and date issued;
-
Information from medical records;
-
NOTE:
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medical form; occupation; employer; military service number; accident information
(within last 2 years); medical history; traffic and other convictions; class
of medical examination
-
Additional documents that may be contained in the file are the Temporary
Airman Certificate, application for Airman Certificate, written test report,
notice of Disapproval of Application and Airman Records Notice.
-
Information can be obtained from FAA as follows:
-
For requests requiring no written response or documentation, a telephone
request may be made to the Compliance and Enforcement Unit, Law Enforcement
Liaison at (405) 954-3784 (24 hours).
-
For written or certified responses, or requests requiring detailed research,
written requests should be sent to the Federal Aviation Administration, Civil
Aviation Security Division AMC-730, P.O. Box 25082, Oklahoma City, OK 73125-4937.
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The following is public information and listings are available on microfiche
on written request to the Office of Information Services, Application Systems
Division AMI-200, P.O. Box 25082, Oklahoma City, OK, Attention: Airman and
Aircraft Team Manager. The request may be FAXed to (405) 954-4612.
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United States Civil Aircraft Register by Number;
-
Alphabetical Listing of Aircraft Registrants;
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State and County List of Aircraft Registrants;
-
Aircraft Manufacturer and Model List;
-
United States Civil Aircraft Register by Serial Number;
-
Aircraft Reference File in Make/Model Series;
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Engine Reference File.
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The Aircraft Registration Master File and Airman Directory is available on
magnetic tape and can be obtained from Aerodata, 260 Bellevue Drive, Boulder,
CO 80302, telephone (303) 442-7244. This information is furnished without
charge to government agencies, but tapes must be provided. Further details
regarding available information, tape specifications, and data fields may
be obtained by calling Aerodata, at the above telephone number.
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Some aircraft information is also available from the El Paso Intelligence
Center.
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Data concerning the pay, dependents, allotment accounts, soldier's deposits,
withholding statements (Forms W-2), and any other financial information relative
to military personnel is available at one of the following offices, depending
upon the branch of the Armed Forces to which the individual was or is presently
attached:
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ARMY: United States Army Finance Center Indianapolis, 46249. Request to include:
Complete name and Army serial number.
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AIR FORCE: Air Force Finance Center RPTP Denver, Colorado 80279
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NAVY: Director, Bureau of Supplies and Accounts Department of the Navy 13th
and Euclid Streets Cleveland, Ohio 44115
Requests should be forwarded through normal channels to the Director, Field
Operations for the area in which the respective finance center is located.
-
Addresses of military personnel:
-
Form 2223, Request for Address of Military Personnel, should be used to obtain
from the records of the military services the current or last known address
of a taxpayer who is a member of, or who has been recently separated from,
the Armed Forces.
-
Data concerning the personal and medical history of former Armed Forces personnel
are located at: Military Personnel Records Center, GSA, 9700 Page Boulevard,
St. Louis, Missouri 63132.
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Records of contracts and all original vouchers covering payments made to
persons and firms dealing with the U.S. Air Force are retained at: U.S. Air
Force Accounting and Finance Center AFO-Accounts and Mail Branch RPTP Denver,
Colorado 80279. Normally, requests for such information should be made by
collateral to the Denver Field Office.
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DIS records include case files of individuals who have undergone investigation,
both criminal and background, by the Army (Intelligence, CI, etc), Navy (NIS,
etc.), Air Force (AFOSI, etc.), and the Department of Defense. Requests for
information from DIS files should be forwarded to the Chief, CI, Attn.: CI:OPS.
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The FHA retains records of applicants' complete financial information, including
statements of net worth and earnings.
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The Coast Guard retains records of persons serving on United States ships
in any capacity, including records of vessels equipped with permanently installed
motors, or of vessels over 16 feet equipped with detachable motors.
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The VA maintains records of loans, tuition payments, insurance payments and
nonrestrictive medical data related to disability pensions. This information,
may be obtained by direct mail request to the appropriate regional office.
All requests should include a statement covering the need and intended use
of the information. The veteran should be clearly identified and, if available,
the following information should be furnished about him: VA claim number,
date of birth, branch of service, and dates of enlistment and discharge.
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Federal court records can provide a valuable source of information provided
they are not sealed. They include: records of civil and criminal cases, including
bankruptcies; records of parole and probation officers; and records of the
U.S. Marshal and U.S. Magistrate.
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Data concerning former Government employees are on file at the Federal Records
Center, G.S.A. (Civilian Personnel Records), 111 Winnebago Street, St. Louis,
MO 63118. Requests for information from such files should be prepared on
G.S.A. Standard Form 127, Request for Official Personnel Folder, and mailed
directly to the Federal Records Center at St. Louis, Missouri.
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Federal Reserve Bank Records include records of issue of United States Treasury
Bonds.
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No information will be made available by this Agency. (See Sec. 262.16, Title
20, Code of Federal Regulations.)
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EPIC is a multi-agency operation that collects, processes and disseminates
information in support of ongoing field investigations. The Drug Enforcement
Administration serves as the lead agency, and there are participating agency
representatives from the Bureau of Alcohol, Tobacco and Firearms; Department
of State, Federal Aviation Administration; Federal Bureau of Investigation;
Immigration and Naturalization Service; Internal Revenue Service; U.S. Coast
Guard; U.S. Customs Service; U.S. Marshals Service; and U.S. Secret Service.
In addition, EPIC has signed agreements with state and local agencies in
all 50 states.
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The primary mission of EPIC is to provide a complete and accurate intelligence
picture of drug movement by land, sea, and air throughout the world. Through
EPIC, IRS special agents have access to all of the major Federal criminal
data bases. In accordance with EPIC guidelines, however, those data bases
that are available through the Treasury Enforcement Communications System
(TECS) should be queried through existing IRS channels.
-
EPIC's Watch Operations Section, which is operational 24 hours a day, seven
days a week, handles queries from field investigators and provides an immediate
response. The "Watch" also handles "Lookout" requests regarding the movements
of individuals, aircraft, or vessels in support of ongoing investigations.
The "Watch" does not originate lookouts but, based upon appropriate request,
places and monitors:
-
INS Lookouts (including any TECS alerts);
-
TECS Lookouts;
-
Aircraft Lookouts, Federal Aviation Administration (FAA) portion; (which
must be renewed every 7 days)
-
Vessel Lookouts.
-
EPIC's Analysis Section studies "Watch" queries, data base information, and
other information fed into EPIC, from which it prepares intelligence reports
on activities and organizations. This information is subsequently provided
to the field through special reports and the bi-weekly brief. Copies of these
reports can be obtained from the IRS Representative.
-
The EPIC Intelligence Terminal (IT) is an internal computer system unique
to EPIC. It is the primary repository for all the "Watch" activity and other
investigative and intelligence data fed into EPIC. The system allows retrieval
of information by an individual's name, a vessel's name or an aircraft "N"
(tail) number. The IT is chronological and provides the name, agency and
telephone number of each investigator having expressed an interest in, or
having input data regarding, a subject.
-
Other major systems which may be accessed through the "Watch" include DEA's
Narcotics and Dangerous Drugs Information System (NADDIS), the Bureau of
Prisons "Sentry" System (which covers subjects who have been incarcerated
in the Federal prison system at anytime since 1980), and the Immigration
and Naturalization Service's Integrated Combined Systems (ICS). The INS systems
include:
-
Index of known alien smugglers (OASIS);
-
Index of various schemes involving fraudulent documents and false claims
to U.S. citizenship;
-
Central Index System (CIS);
-
Non-Immigrant Info System (NIIS);
-
Student School System (STSC).
-
Inquiries of EPIC should be directed to the "Watch" at FTS 476-2200 or (915)
564-2200. Give your title, name and agency. In order to protect the integrity
of EPIC information, IRS will provide EPIC an alphabetical listing of Special
Agents, updated every three months. Your name must appear on this list before
EPIC will respond to your inquiry. No more than four inquiries (names, aircraft,
vessels, or combinations thereof) should be directed to the "Watch" at one
time. Agents with voluminous requests should call the IRS Representative
at FTS 476-2000 or (915) 564-2000, if the request is urgent, or submit the
request in writing to the IRS Representative at the following address: EL
PASO INTELLIGENCE CENTER Bldg. 11339, SSG Sims Street, El Paso, TX, 79908-8098
Attn.: IRS Representative.
-
All inquiries of EPIC should include:
-
Requesting agent's name and FTS or commercial phone number;
-
A synopsis of the investigation;
-
If the request is for information on an individual, the request should contain
all available identifying information.
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This bank loans funds to foreign countries and businesses to buy goods from
U.S. companies. It is located at 811 Vermont Avenue, N.W., Washington, D.C.
The borrower can obtain up to 50 percent of the purchase price of the goods
being acquired. The selling company must fill out and submit to the bank
a supplier certificate. Included in this certificate is a required statement
as to commissions paid, especially in the foreign country to foreign sales
"representatives" or "agents" .
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The Securities Information Center (SIC) is located in Wellesley Hills,
Massachusetts. It is operated by Itel Corporation under contract with the
Securities and Exchange Commission. All banks and brokerage houses, etc.
that receive bad securities are required to report this information to SIC.
They are also required to run a check with SIC if they receive $10,000 or
more in securities.
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The Department of Education maintains financial and earnings statements from
parents of students applying for Pell grants (formerly called Basic Educational
Opportunity grants), the largest federal educational aid program. Requests
for this information should be directed to: Department of Education, Office
of the Inspector General, P.O. Box 23458, Washington, DC 20024, Attn.: Division
of Field Operations. Requests must include:
-
Student's name;
-
Student's date of birth; and
-
Academic year(s) involved (school years are considered to be 7/1-6/30/XX).
(Note: Applications for Pell grants are usually made during April or May
of the preceding year.)
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SBA maintains records pursuant to applications for the various loans offered.
These records include information as to the basis of their credit and capacity
to perform under contract as well as their qualifications with respect to
volume of business and financial resources. SBA records on individuals who
have received loan assistance may be obtained from any of more than 100 local
SBA offices. The legal department in the local SBA office will make such
files available to special agents for review in SBA offices upon presentation
of their credentials.
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9.4.4.2.33 (01-30-2001)
State of New Jersey Division of Gaming Enforcement
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The State of New Jersey, Department of Law and Public Safety, Division of
Gaming Enforcement, completes a financial investigation on all individuals
associated with casino operations including casino developers, investors,
employees, vendors, and contractors. Information available includes license
and employment applications and investigative reports.
-
All requests for information from the New Jersey Division of Gaming Enforcement
should be submitted as a collateral request to the SAC, Springfield, New
Jersey Field Office.
-
State of New Jersey regulations restrict the release of information to a
duly authorized law enforcement agency. Thus, such information is only available
to Criminal Investigation personnel and may not to be disclosed to others.
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The FinCEN is an organization established by the U.S. Department of Treasury
to support and strengthen domestic and international anti-money laundering
efforts and to foster interagency and global cooperation to that end through
information collection, analysis and sharing technological assistance, and
innovative and cost --effective implementation of Treasury authorities. FinCEN
links together various aspects of a case, finding the missing pieces to the
criminal puzzle. FinCEN's compilation of databases provides one of the largest
repositories of information available to law enforcement in the country.
-
FinCEN's information sources fall into three broad categori es:
-
Financial Databases.
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Law and Enforcement Databases.
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Commercial Databases.
Databases at FinCEN are set up for:
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Name searches.
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Tax Identification number searches.
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Address searches.
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Date of birth searches.
FinCEN's work product is tailored to each individual request and may range
from a "single subject" basis search of databases to detailed in-depth analysis
of the financial aspects of major criminal organizations. In addition, if
FinCEN's research discloses an active or prior investigation being conducted
by another agency, FinCEN will advise both the requester and holder of the
original record, after obtaining the proper authorization to disseminate.
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Financial Intelligence Units (FIU) are FinCEN-like entities created in numerous
countries as part of the worldwide anti-money laundering effort. FinCEN
coordinates with these FIUs. FinCEN is continuously providing it's assistance
to help establish additional FIUs. Exhibit 9.4.4-1 lists the current FIUs.
Requests for information from a FIU shall only be made through FinCEN. In
addition to the procedures identified in paragraph (4) below, FIU information
requests shall be initiated by sending a letter, with SSA approval, outlining
the information being requested to the IRS Criminal Investigation liaison
at FinCEN's Office of Investigative Support. A separate letter is required
for each FIU.
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To obtain direct investigation (tactical) assistance from FinCEN, contact
the IRS Criminal Investigation Liaison to FinCEN's Office of Investigative
Support via fax (703)905-3526, or mail to Financial Crimes Enforcement Network,
Tyson Courthouse Building, Attn.: OIV, IRS-CI Liaison, 2070 Chain Bridge
Road, Suite 200, Vienna, VA 22182. Each request should be submitted on FinCEN's
Request for Research form. The agent's SSA shall approve each request.
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Other FinCEN assistance and/or coordination should be directed to the IRS
Criminal Investigation Liaison to FinCEN via phone (703) 905-3673, fax (703)
905-3735 or mail to Financial Crimes Enforcement Network, Tyson Courthouse
Building, Attn.: IRS-CI Liaison, 2070 Chain Bridge Road, Suite 200, Vienna,
VA. 22182
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Internal Revenue Manual
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Part 9 Criminal Investigation Chap. 4 INVESTIGATIVE TECHNIQUES Sec.
4 REQUESTS FOR INFORMATION
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(12-16-1998)
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