The penalties for fara violations can exceed the maximum amount of money in the account. The finest are basically asset seizure.
The IRS should make a deal with the whistleblowers and then continue with the case discovery.
Civil tax fraud
No statute of limitations: For civil tax fraud cases, the IRS generally has an unlimited amount of time to assess taxes and penalties related to fraudulent activities. This means they can go back as far as needed to pursue unpaid taxes if fraud was involved.
Proof of fraud required: To apply the unlimited statute of limitations, the IRS must prove that the taxpayer filed a false or fraudulent return with the intent to evade taxes.
U.S. Tax Court judge had tentatively set a Dec. 1 trial, and the petitioners are facing opposition from Trump’s IRS,
It faced opposition form obama and biden irs.
going to court that is the important point.
Of course there has to be some challenges from the current IRS also. that is just the way it works.
The statute of limitations for criminal violations of the Foreign Agents Registration Act (FARA) is five years. This means the Department of Justice (DOJ) can file criminal charges for FARA violations within five years of the alleged offense.
Here’s a more detailed explanation:
General Criminal Statute of Limitations:
The five-year limit is derived from the general federal statute of limitations for non-capital offenses, which is found in 18 U.S.C. § 3282.
Continuing Violations:
FARA violations, particularly those involving a failure to register or update registration, can be considered continuing offenses. This means the five-year clock may start ticking from the last day of the violation, rather than a single, fixed date.
Civil Cases:
While FARA violations are criminal, the Department of Justice (DOJ) can also pursue civil cases to compel registration or seek other remedies. The statute of limitations for these civil cases is not explicitly defined in the same way as the criminal statute, but the DOJ may be limited in its ability to compel registration for past activity through a civil complaint.
Failure to file a registration statement or supplements thereto as required by FARA shall be considered a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary. See 22 U.S.C. § 618(e).
“In this case, the Whistleblower Office denied petitioners’ claims because the petitioners’ claims were never considered in an IRS action. Here, the Whistleblower Office forwarded petitioners’ claims to a classifier,” the IRS motion to dismiss argued last week “Following the classifiers’ preliminary review, the Classifier declined to forward petitioners’ claims to exam and recommended that it be forwarded to the CI [criminal investigation] division.
This is a long process that is moving forward. I take the above as a procedural thing that wasn’t done in the first filing.
Lots of info but sorting out the dates is confusing.
I don’t read it that Trump is opposing this. just get the procedure right.
The “Trump IRS” can, if it is willing, reconsider the initial IRS refusal to look into the Whitsleblower’s claims, giving official IRS procedural actions to the claims, and giving them “standing” the IRS is now refusing to do. Its up to Trump and the results will be telling.