12.
Tax Division Directive No. 52
(revised March 17, 2008)Authority to Apply for Title 26 or
Tax-related Title 18 Search Warrants
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- Pursuant to the authority vested in me by Part 0, Sub-Part N of Title
28 of the Code of Federal Regulations, Section 0.70, except as provided in
paragraph B, below, I hereby delegate to the following officials authority
with respect to approving applications for Title 26 U.S.C. or tax-related
Title 18 U.S.C. search warrants directed at offices, structures, premises,
etc., owned by, controlled by, or under the dominion of, the subject or
target of a criminal investigation; search warrants directed to providers of
electronic communication services or remote computing services and relating
to a subject or target of a criminal investigation; and search warrants
directed to disinterested third parties owning storage space businesses or
similar businesses and relating to a subject or target of a criminal
investigation:
- Any United States Attorney appointed under 28 U.S.C.
Section 541,
- Any United States Attorney appointed under 28 U.S.C.
Section 546,
- Any permanently appointed representative within the United
States Attorney's office assigned as First Assistant United
States Attorney, and
- Any permanently appointed representative within the United
States Attorney's office assigned as chief of criminal
functions.
- This delegation of authority is expressly restricted to
these, and no other, individuals.
- This delegation of authority does not affect the statutory
authority and procedural guidelines relating to the use of search
warrants in criminal investigations involving disinterested third
parties as contained in 28 C.F.R. Sec. 59.1, et seq.
- 1. The Tax Division shall have exclusive authority to
approve applying for a Title 26 or tax-related Title 18 search
warrant directed at offices, structures or premises owned by,
controlled by, or under the dominion of, a subject or target of
an investigation who is reasonably believed to be:
- An accountant;
- A lawyer;
- A physician;
- A local, state, federal, or foreign public official or political
candidate;
- A member of the clergy;
- A representative of the electronic or printed news media;
- An official of a labor union;
- An official of an organization deemed to be exempt under Section
501(c) of the Internal Revenue Code.
- The Tax Division shall also have exclusive authority to
approve applying for a Title 26 or tax-related Title 18 search
warrant that is directed to a provider of electronic
communication services or remote computing services or to a
disinterested third party owning a storage space business, where
the search warrant relates to a person who is reasonably believed
to be:
- An accountant;
- A lawyer;
- A physician;
- A local, state, federal, or foreign public official or political
candidate;
- A member of the clergy;
- A representative of the electronic or printed news media;
- An official of a labor union;
- An official of an organization deemed to be exempt under Section
501(c) of the Internal Revenue Code.
- If authority to approve a particular application for a warrant to
search for evidence of a criminal tax offense has not been delegated herein,
the application must be specifically approved in advance by the Tax
Division.
- Notwithstanding this delegation, the United States Attorney
or his delegate has the discretion to seek Tax Division approval
of any search warrant or to request the advice of the Tax
Division regarding any search warrant.
- The United States Attorney shall notify the Tax Division
within ten working days, in writing, of the results of each
executed search warrant and shall transmit to the Tax Division
copies of the search warrant (and attachments and exhibits),
inventory, and any other relevant papers.
This directive provides an internal guide to federal law
enforcement officials. Nothing in it is intended to create any
substantive or procedural rights, privileges, or benefits
enforceable in any administrative, civil, or criminal matter by
any prospective or actual witness or party. See United
States v. Caceres, 440 U.S. 741 (1979).
The United States Attorneys' Manual is hereby modified
effective March 17, 2008.
Nathan J. Hochman,
Assistant Attorney General Tax Division
Tax Division
[cited in USAM 6-4.130]
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