Criminal Defense Lawyers

How to Request a Meeting or Interview with the IRS Criminal Division

How to Request a Meeting or Interview with the IRS Criminal Division

The Internal Revenue Service (IRS) Criminal Investigation division enforces criminal statutes related to violations of tax laws. They investigate crimes such as tax evasion, money laundering, and other financial fraud.If you believe you are under investigation by the IRS Criminal Division, or if you want to voluntarily provide information related to a tax crime, you may want to request a meeting or interview. Here is some guidance on how to go about doing that:

Determine if You Are Under Investigation

Before requesting an interview, think about whether you may be under investigation already. There are some signs that the IRS Criminal Division has opened a case on you:

• You received a target letter from the IRS saying you are under investigation. This will clearly state that you are the target of a criminal probe.
• IRS special agents contacted you directly. They identified themselves as part of the Criminal Investigation division.
• You received an IRS summons asking for documents or testimony related to suspected criminal violations. This requires you to meet with the special agent and provide the requested information.
• There was a search warrant executed on your home or business. IRS special agents raided your premises as part of an ongoing criminal case.

If you’ve experienced any of the above, it means there is likely already an open investigation on you. In that case, requesting an interview is not advising; you should consult with a tax attorney first.

Decide if You Want to Voluntarily Provide Information

If you have not been contacted by IRS Criminal Investigation yet, you can still request an interview to voluntarily provide information. This may be advisable if:

• You have knowledge of a tax crime committed by someone else, and want to report it.
• You realize you made an error on your taxes, and want to correct it before an audit begins.
• You are an expert on a complex tax issue, and want to educate the IRS about an industry-wide problem.

Before coming forward voluntarily, consult with an experienced tax attorney. They can advise you on the risks and benefits of providing unsolicited information. You may incriminate yourself accidentally through an interview.

Draft a Written Request for the Meeting

To request an interview with IRS Criminal Investigation, you should make the request in writing. Here are some tips:

• Address it to the IRS Special Agent in Charge of the local field office. If you don’t know the agent’s name, call the IRS hotline to find out.
• Include your full name and contact details. Provide a phone number and email address where they can reach you.
• Explain your relationship to any investigation. Note if you have been contacted already, received a target letter, etc.
• State the reason you are requesting the interview. Say if you want to voluntarily provide information about a tax crime.
• If applicable, explain the information you want to provide. Give an overview without self-incriminating details.
• Request a date and time for the meeting. Give at least 2-3 weeks advance notice.
• Ask for confirmation that the interview will be scheduled. Provide an email address for their response.

Here is sample language you can adapt:Dear Special Agent in Charge,My name is [your full name] and I am requesting an interview with IRS Criminal Investigation. I can be reached at [phone number] or [email address]. The reason I am requesting this meeting is to voluntarily provide information related to [explain topic or tax crime]. I have not been previously contacted by IRS Criminal Investigation regarding this matter.I am available on [date] or [date] if those work for your schedule. Please confirm if you are able to accommodate an interview via email at [email address]. I look forward to hearing from you to schedule a time to discuss this matter.Thank you for your time,
[Your name]Make sure to have the letter reviewed by your tax attorney before sending.

Submit the Request to the Appropriate Office

To determine where to submit your request, you’ll need to identify the local IRS Criminal Investigation field office with jurisdiction over your case. The IRS has field offices located across the country.

• Call the IRS at 800-829-1040 to identify your local field office.
• Look up the field office on the IRS website.
• Check the last notice you received from the IRS for contact details.

Send your request via certified mail with return receipt to the Special Agent in Charge at the field office. This provides delivery confirmation. You can also email the request, but follow up by phone to confirm they received it.

Wait for a Response

After submitting your request, the Special Agent in Charge will decide whether or not to grant an interview. There are a few potential responses:

• They may call you directly to schedule a time for the interview.
• They could respond via letter or email confirming the meeting date/time.
• They may decline the request, or ask you to come in for a meeting first to determine if an interview is warranted.
• There’s a chance you won’t hear back at all if they don’t think an interview would be beneficial.

Be patient as it may take several weeks to get a response. If you don’t hear back within a month, follow up by phone.

Consult an Attorney Before the Interview

If your request is granted, be sure to consult your tax attorney before the scheduled meeting. They can advise you on your rights and help avoid any accidental self-incrimination. Some tips they may give include:

• You can bring your lawyer to the interview. This provides legal counsel.
• Stick to the facts you have first-hand knowledge of. Don’t speculate.
• If you don’t know the answer to a question, say so. Don’t guess.
• You can stop the questioning at any time if you become uncomfortable.
• Clarify if you are only there voluntarily. Ask if you are free to leave.

Having an experienced tax attorney guide you through the process can make the difference between a smooth interview and an inadvertent admission. Be sure to get their advice beforehand.

What to Expect During the Interview

If you choose to go through with the interview, here are some things to expect:

• You’ll need to provide photo identification and proof of citizenship.
• The meeting will take place at an IRS office with the special agent(s) present.
• You may be asked to sign a sworn affidavit that your statements are true.
• They will document your statement, either through audio/video recording or written notes.