Criminal Resource Manual
CRM 500-999
518. Order for Disclosure of Returns and Return Information
IN THE UNITED STATES DISTRICT COURT FOR THE _______ DISTRICT OF ________ _________ Division UNITED STATES OF AMERICA ) ) v. ) GRAND JURY NO. ) JOHN DOE NO. ORDER FOR DISCLOSURE OF RETURNS AND RETURN INFORMATION On this _____ day of ______, 19___, comes for the attention of the Court the application of the United States Attorney for the ____________ District of _____________ for an ex parte order, pursuant to 26 U.S.C. 6103(i)(1), directing the Internal Revenue Service to disclose returns and return information of: NAME: ADDRESS: SOCIAL SECURITY NO.: for taxable period ________________. After examining the application the Court finds: (1) There is reasonable cause to believe, based upon information believed to be reliable, that violations of Federal criminal statutes, namely U.S.C. Section ; U.S.C. Section ; U.S.C. Section ; U.S.C. Section , have been committed. (2) There is reasonable cause to believe that the returns and return information are or may be relevant to a matter relating to the commission of such acts. (3) The returns and return information are sought exclusively for use in a Federal criminal proceeding concerning such acts. (4) The information sought to be disclosed cannot reasonably be obtained, under the circumstances, from another source. The Court further finds that applicant is an employee of the United States Attorney's Office for the ____________ District of ______________ and is primarily and directly engaged in, and the information sought is solely for their use in, investigating the above-mentioned violations of U.S.C. Section , and that the application is authorized by the United States Attorney for the _________ District of ______________. It is further ORDERED that the Internal Revenue Service (1) disclose such returns and return information of: NAME: ADDRESS: SOCIAL SECURITY NO.: for the taxable period as have been filed and are on file with the Internal Revenue Service; (2) certify where returns and return information described above have not been filed or are not on file with the Internal Revenue Service that no such returns and return information have been filed or are on file; (3) disclose such returns and return information described above as come into the possession of the Internal Revenue Service subsequent to the date of this order, but for not longer than 90 days thereafter; (4) disclose such returns and return information and make such certification only to applicant, to Special Agent _____________________________ and to no other person; (5) disclose no returns or return information not described above. It is further ORDERED that applicant and any officer or employee of any Federal agency who may be subsequently assigned in this matter shall use the returns and return information disclosed solely in investigating the above-mentioned violations of U.S.C. Section , and such other violations of any Federal criminal statutes, although presently unknown, as are discovered in the course of this investigation of , and preparing the matter for trial, and that no disclosure be made to any other person except in accordance with the provision of 26 U.S.C. 6103 and 26 C.F.R. 301.6103(i)(1). ___________________________________ UNITED STATES DISTRICT JUDGE DATED: _____________________ VERIFICATION I, ________________, being first duly sworn, depose and say that I am an Assistant United States Attorney for the __________ District of ___________ and that the foregoing Application is made on the basis of information officially furnished and upon the basis that such information is true as I verily believe. _________________________________ Assistant United States Attorney Subscribed and sworn to before me this _____ day of _________, 19_____. My Commission Expires: _____________________________ Notary Public |