The Criminal Enforcement Sections (CES) of Tax Division handle and supervise most of the federal criminal tax prosecutions. There are three regional Criminal Enforcement Sections i.e. Northern, Southern, and Western. The prosecutors employed at CES- investigate, prosecute and evaluate individuals or corporations which are trying to evade taxes, willfully fail to file returns, or submit false tax forms etc. The IRS Criminal Investigation Division and the Treasury Inspector General for Tax Administration assist CES during investigation of complex financial crime cases.
The Criminal Appeals and Tax Enforcement Policy Section (CATEPS) supervises the appeals in criminal tax cases tried by CES attorneys and US Attorneys’ Offices and it also promotes the fair and uniform enforcement of criminal tax laws. After reviewing US District Courts and US Courts of Appeals decision, it prepares recommendations to the Solicitor General about whether to appeal or seek other review. CATEPS attorneys seek assistance from IRS and US Attorneys’ Office to develop that govern the investigation and prosecution of tax crimes.
The Tax Division represents the United States of America and its officials in most of the civil and criminal litigation that concerns or relates to the internal revenue law. The Organization is headed by Assistant Attorney General, who is appointed by the President and confirmed by the Senate. There are various sections working under Tax Division and each of these sections are based in Washington DC except for the Southwestern Civil Trial Section, and Tax Division employ 350 attorneys in fourteen civil, criminal, and appellate sections.
The Civil Trial Section’s work includes a broad array of litigation in the US District Courts, US Bankruptcy Courts, and State Courts. The attorneys working at Civil Trial Section needs to defend the United States in tax refund and civil damages suits, they represent employees of IRS and Justice Department in law suits for damages allegedly caused in the performance of their official duties, and also defends the Secretary of the Treasury, the Commissioner of Internal Revenue, and other officials against lawsuits testing the validity of federal tax regulation and rulings. This section also represents some of the other federal departments and agencies in cases involving the immunity of the Federal government from state and local taxation.
The Securities and Exchange Commission (SEC) is the United State government’s commission, created by congress and headquartered in Washington DC, which aims to regulate the securities markets and protect investors by enforcing the Federal securities laws. The US Securities and Exchange Commission works closely with Tax Division in order to promote corporate integrity. Other than regulation and protection, SEC also monitors the corporate takeovers throughout the United States.
The Securities and Exchange Commission is composed of five Commissioners who are appointed by the President of the United States with the advice and consent of the Senate. The Commissioner terms last five years and is arranged in a systematic manner so that one Commissioner’s term ends on June 5 of each year. One of the Commissioners is designated as Chairman, SEC’s top Executive, by the US President. Christopher Cox is the current Chairman of the SEC.
SEC mission is to protect the investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. The SEC statutes are specifically designed to promote full public disclosure and to protect the investing public against fraudulent and manipulative practices in the securities markets. It is SEC’s responsibility to supervise seven major laws that govern the securities industry and these laws are:
• Securities Act of 1933.
• Securities Exchange Act of 1934.
• Public Utility Holding Company Act of 1935.
• Trust Indenture Act of 1939.
• Investment Company Act of 1940.
• Investment Advisory Act of 1940.
• Sarbanes-Oxley Act of 2002.
The President’s Corporate Fraud Task Force (PCFTF) was created by President George W. Bush by Executive Order #13271 on July 9, 2002 to fight corporate fraud and abuse. The Task Force is led by the Deputy Attorney General and comprises both a Department of Justice group and inert-agency group. The PCFTF review each and every corporate fraud case, brought by federal prosecutors, under the investigation by the Department and other agencies.
The members of the President’s Corporate Fraud Task Force are Director of the Federal Bureau of Investigation, Assistant Attorney General Criminal Division, Assistant Attorney General Tax Division, and US Attorney for the Central/Northern District of California etc. The Secretary of the Treasury, the Secretary of Labor, the Chairman of the Commodities Futures Trade Commission, and the Chairman of the Federal Communications Commissions etc. are members of the interagency group of the PCFTF.
The prime objectives of creating President’s Corporate Fraud Task Force are to restore confidence to the marketplace, provide fair and accurate information to the investors, reward shareholder and employee trust, and protect jobs and savings of the Americans. The PCFTF marshals the resources of Department prosecutors and investigators in corporate fraud matters; improve coordination in anti-fraud cases among the Department and other task force members including SEC, CFTC, FCC and IRS. It also purposes policies, regulatory and legislative changes to the Attorney General via the Deputy Attorney General.
Since PCFTF’s creation, approximately 90% of the prosecutions brought by Department of Justice for corporate fraud offences were accomplished with the active assistance of SEC investigators and analysts.
The Attorney General’ Honors Program allows new lawyers to work in the agency for couple of years immediately following graduation. The Honors Program offers unmatched experience to fresh law school graduates and newly-licensed attorneys. This program is the only way that the Department hires entry-level attorneys. During Honors Program, a participant gets the unique opportunity to practice in more than one area of the law and in more than one type of court i.e. they will be assigned to a particular division where they will work alongside experienced attorneys.
As per Honors Program Attorney’s commitment to the Office of the Attorney General, they need to spend one year in a State Counsel bureau and one year in either Appeals & Opinion or a Public Advocacy bureau. Program offer different opportunities to these attorneys like to manage their own dockets, conduct depositions, negotiate contracts, advice state agencies, argue motions, write briefs, and second chair trials. At the OAG Training Department, they are trained in various skills such as deposition skills, appellate advocacy, courtroom technology, trial advocacy, and investigation of computer crime etc.
To get selected for Honors Program, department considers candidate’s academic achievements, law review or moot court experience, legal aid and clinical experience, specialized academic studies, extra-curricular activities, and summer or part-time legal employment etc. The graduating law students and recent law school graduates entering judicial clerkships or graduate law programs within 9 months of law school graduation are only eligible to apply. All Honor Program Attorneys are required to pass a bar examination and be active members of the bar within 14 months of entry on duty.
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A Tax Attorney General handles both civil and criminal matters that arise under the internal revenue laws. They need to ensure uniform application and enforcement of the internal revenue code to encourage compliancy with the tax laws and maintain assurance in the integrity of tax system. A Tax Attorney General is appointed by the President of United States with the senate’s confirmation.
A Tax Attorney General (TAG) is the also the member of the President’s Corporate Fraud Task Force. A TAG has a vital role to play in the development of tax law and in making significant strides in tax enforcement. Sometime, they are required to represent the United States in oral arguments before the US Supreme Court and the US Court of Appeals. TAG office works closely with the Internal Revenue Service and United States Attorneys to develop tax administration policies; handle civil trial and appellate litigation in federal and state courts. They also pursue federal grand jury investigations; and handle criminal prosecution and appeals.