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What Is a Criminal Tax Administrative Investigation?

Quick Answer

Criminal tax administrative investigation has four stages: (1) CI special agent assignment and preliminary investigation; (2) subject interviews and document gathering; (3) Special Agent’s Report (SAR) recommending prosecution; and (4) Tax Division review and U.S. Attorney’s Office decision. The short version is that the administrative phase precedes indictment. In our experience, engagement with counsel during administrative phase can often prevent prosecution — once referred to USAO, options narrow.1

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Four stages of criminal tax administrative investigation.

The Four Administrative Investigation Stages

PreliminaryAgent Assigned
InterviewsDocuments
SARReport
DOJReview
Admin.
Stage Activity2
Preliminary CI agent assigned
Interviews Witness / subject
SAR Prosecution recommendation
DOJ Review Tax Division + USAO

Quick Reference

Jump to: preliminary, interviews, SAR, or DOJ.

1. Preliminary Investigation

CI special agent assigned; preliminary investigation.

If this is you: CI agent assigned. Preliminary work. Often starts with referral from civil examiner or outside source. Subject may not know yet.

Preliminary Strategy

  1. Early counsel engagement if known.
  2. Preserve records.
  3. Do not discuss with CI without counsel.
  4. Identify co-conspirator / witness issues.
  5. Evaluate voluntary disclosure.

2. Interviews and Document Gathering

CI interviews subjects, witnesses, gathers records.

If this is you: CI contact. Interview requests. Summons / subpoenas. Critical phase. Attorney representation essential.

3. Special Agent’s Report (SAR)

CI drafts SAR recommending prosecution.

If this is you: Investigation concluding. SAR summarizes evidence. Recommends prosecution. Internal review. Subject not party to SAR.

4. DOJ Tax Division and USAO Review

Tax Division reviews; USAO files charges.

If this is you: Post-SAR. DOJ Tax Division review. Authorization decision. USAO accepts for prosecution or declines. Pre-indictment intervention opportunity.

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Admin Investigation Lookup

Admin docs.
Signal / Document Meaning
CI Special Agent contact Active investigation
Summons / subpoena Formal process
Target letter Prosecution imminent
Subject letter Possibly involved
Witness interview request Case being built

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Admin Investigation Statute

  • 6-year criminal statute typical.
  • Statute can be paused during certain acts.
  • Admin phase 12-24 months typical.

Admin Investigation Patterns

Admin outcomes. Source: Brotman Law practice.
Situation Outcome
Early counsel engagement Better outcomes
Voluntary disclosure pre-CI Avoid criminal
Post-SAR declination Possible
USAO indictment Post-DOJ approval

Admin Investigation Escalation

Preliminary

Agent assigned.

Active

Interviews and process.

SAR / Review

Prosecution decision.

First 48 Hours After CI Contact

  1. Do not speak with CI.
  2. Engage criminal tax counsel.
  3. Preserve all records.
  4. Evaluate voluntary disclosure.
  5. Plan response strategy.
Brotman Law handles CI investigations. Based in San Diego.

The ROI Question

Admin phase intervention critical. Pre-indictment defense often prevents prosecution.

When to Engage

  • CI contact.
  • Summons / subpoena.
  • Target / subject letter.
  • Witness interview request.

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Frequently Asked Questions

What is administrative investigation?

Pre-indictment CI investigation phase. Four stages — preliminary, interviews / documents, SAR, DOJ review. Typically 12-24 months.

What’s a CI special agent?

IRS Criminal Investigation agent. Federal law enforcement. Investigates tax crimes. Armed federal agents.

Can I talk to CI?

Not without counsel. CI agents are criminal investigators. Statements used against you. Attorney representation critical.

What’s a SAR?

Special Agent’s Report. CI agent’s prosecution recommendation. Not public. Not discoverable except in limited circumstances.

What’s DOJ Tax Division review?

All federal tax prosecutions reviewed by DOJ Tax Division. Approves or declines CI recommendation. USAO then files.

Can investigation be stopped?

Pre-SAR: defense presentation, voluntary disclosure, cooperation. Post-SAR: Tax Division declination, USAO declination. Each phase different.

What’s Tax Division conference?

Optional pre-prosecution meeting with DOJ Tax Division. Defense opportunity to present case. Can influence authorization decision.

What’s a target letter?

Formal letter indicating you are target of grand jury. Prosecution imminent. Counsel critical.

Can I cooperate?

Yes through attorney-negotiated proffer. Substantial assistance can lead to non-prosecution or reduced charges. Timing matters.

Is grand jury admin or judicial?

Judicial but often used in admin phase. Grand jury subpoenas gather evidence. Not trial.

What happens after SAR?

Internal CI review. DOJ Tax Division review. USAO decision. Multiple steps before indictment.

Can I see the SAR?

Generally no during admin phase. Limited production in certain circumstances. Not like civil audit file.

Does voluntary disclosure still work?

Pre-CI contact: yes typically. Post-CI contact: generally no. Timing critical.

If you have read this far, you have a notice and you are trying to understand it before doing anything that makes it worse. That instinct is correct.

The next right move is a 15-minute call. We will identify the audit type, confirm your deadline, and tell you honestly whether you need representation. There is no cost and no obligation.

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