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AGENCY: Department of Justice
ACTION: Notice
SUMMARY: This Directive delegates the authority to approve requests seeking
to expand nontax grand jury investigations to include inquiry into possible
federal criminal tax violations from the Assistant Attorney General, Tax
Division, to any United States Attorney, Attorney-In-Charge of a Criminal
Division Organization Strike Force or Independent Counsel. The Directive
also sets forth the scope of the delegated authority and the procedures to
be followed by designated field personnel in implementing the delegated
authority.
EFFECTIVE DATE:October 1, 1986
FOR FURTHER INFORMATION CONTACT: Edward M. Vellines, Senior Assistant
Chief, Office of Policy & Tax Enforcement Analysis, Tax Division, Criminal
Section (202-633-3011). This is not a toll fee number.
SUPPLEMENTARY INFORMATION: This order concerns internal Department
management and is being published for the information of the general
public.
TAX DIVISION DIRECTIVE NO. 86-59
By virtue of the authority vested in me by Part O, Subpart N of Title
28 of the Code of Federal Regulations, particularly Section 0.70, delegation
of authority with respect to approving requests seeking to expand a nontax
grand jury investigation to include inquiry into possible federal criminal
tax violations is hereby conferred on the following individuals:
- Any United States Attorney appointed under Section 541 or 546 of
Title 28, United States Code.
- Any Attorney-In-Charge of a Criminal Division Organization Strike Force
established pursuant to Section 510 of Title 28, United States Code.
- Any Independent Counsel appointed under Section 593 of Title 28, United
States Code.
The authority hereby conferred allows the designated official to
approve, on behalf of the Assistant Attorney General, Tax Division, a
request seeking to expand a nontax grand jury investigation to include
inquiries into potential federal criminal tax violations in a proceeding
which is being conducted within the sole jurisdiction of the designated
official's office. (Section 301.6103(h)(2)-1(a)(2)(ii) (26 C.F.R.)).
Provided, that the delegated official determines that--
- There is reason to believe, based upon information developed during
the course of the nontax grand jury proceedings, that federal criminal tax
violations may have been committed.
- The attorney for the Government conducting the subject nontax grand
jury inquiry has deemed it necessary in accordance with F.R.Cr.P.
6(e)(A)(ii) to seek the assistance of Government personnel assigned to the
Internal Revenue Service to assist said attorney in his/her duty to enforce
federal criminal law.
- The subject grand jury proceedings do not involve a multijurisdictional
investigation, nor are the targets individuals considered to have national
prominence--such as local, state, federal, or foreign public officials or
political candidates; members of the judiciary; religious leaders;
representatives of the electronic or printed news media; officials of a
labor union; and major corporations and/or their officers when they are the
targets (subjects) of such proceedings.
- A written request seeking the assistance of Internal Revenue Service
personnel and containing pertinent information relating to the alleged
federal tax offenses has been forwarded by the designated official's office
to the appropriate Internal Revenue Service official (e.g., Chief, Criminal
Investigations).
- The Tax Division of the Department of Justice has been furnished by
certified mail a copy of the request seeking to expand the subject grand
jury to include potential tax violations, and the Tax Division interposes no
objection to the request.
- The Internal Revenue Service has made a referral pursuant to the
provisions of 26 U.S.C. Section 6103(h)(3) in writing stating that it: (1)
has determined, based upon the information provided by the attorney for the
Government and its examination of relevant tax records, that there is reason
to believe that federal criminal tax violations have been committed; (2)
agrees to furnish the personnel needed to assist the Government attorney in
his/her duty to enforce federal criminal law; and (3) has forwarded to the
Tax Division a copy of the referral.
- The grand jury proceedings will be conducted by attorney(s) from the
designated official's office in sufficient time to allow the results of the
tax segment of the grand jury proceedings to be evaluated by the Internal
Revenue Service and the Tax Division before undertaking to initiate criminal
proceedings.
The authority hereby delegated includes the authority to designate:
the targets (subjects) and the scope of such tax grand jury inquiry,
including the tax years considered to warrant investigation. This
delegation also includes the authority to terminate such grand jury
investigations, provided, that prior written notification is given to
both the Internal Revenue Service and the Tax Division. If the designated
official terminates a tax grand jury investigation or the targets (subjects)
thereof, then the designated official shall indicate in its correspondence
that such notification terminates the referral of the matter pursuant to 26
U.S.C. Section 7602(c).
This delegation of authority does not include the authority to file an
information or return an indictment on tax matters. No indictment is to be
returned or information filed without specific prior authorization of the
Tax Division. Except in Organized Crime Drug Task Force Investigations,
individual cases for tax prosecution growing out of grand jury
investigations shall be forwarded to the Tax Division by the United States
Attorney, Independent Counsel or Attorney-in-Charge of a Strike Force with a
special agent's report and exhibits through Regional Counsel, (Internal
Revenue Service) for evaluation prior to transmittal to the Tax Division.
Cases for tax prosecutions growing out of grand jury investigations
conducted by an Organized Crime Drug Task Force shall be forwarded directly
to the Tax Division by the United States Attorney with a special agent's
report and exhibits.
The authority hereby delegated is limited to matters which seek either
to: (1) expand nontax grand jury proceedings to include inquiry into
possible federal criminal tax violations; (2) designate the targets
(subjects) and the scope of such inquiry; or (3) terminate such proceedings.
In all other instances, authority to approve the initiation of grand jury
proceedings which involve inquiries into possible criminal tax violations,
including requests generated by the Internal Revenue Service, remains vested
in the Assistant Attorney General in charge of the Tax Division as provided
in 28 C.F.R. 0.70. In addition, authority to alter any actions taken
pursuant to the delegations contained herein is retained by the Assistant
Attorney General in charge of the Tax Division in accordance with the
authority contained in 28 C.F.R. 0.70.
Roger M. Olsen
Assistant Attorney General
Tax Division
Approved to take effect on October 1, 1986
[cited in USAM 6-4.122]
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