ATTORNEY NEWSLETTER
Whistleblower Anonymity
The IRS encourages whistleblowers to assist in prosecuting tax fraud and rewards whistleblowers when the government recovers money. From initial application up to trial, the whistleblower’s anonymity can usually be preserved. If the case gets to the Tax Court the whistleblower/relator’s name is likely to be made public, absent a pressing need for him or her to remain anonymous. Most IRS whistleblower cases never get to trial, however, and the whistleblower’s identity can usually be protected through the pre-litigation process. The whistleblower/qui tam attorneys at Evans Law Firm have experience with complicated IRS whistleblower cases. If you or a loved one has credible information regarding tax avoidance schemes or false claims, please call the whistleblower/qui tam attorneys at Evans Law Firm, Inc. (415)441-8669, and we can help.
The IRS Whistleblower Program specifically targets cases where the unpaid tax exceeds $2,000,000. In those cases, the whistleblower may receive 15-30% of any amount the government recovers. The stakes, therefore, are usually fairly high. There are instances, where so much money is at stake, where the whistleblower believes he or she might be in danger if their identity were disclosed. In order to remain anonymous, however, the whistleblower must convince the court that disclosure would present a physical danger or result in retaliation in the workplace. Court records in this country are usually open to the public and any request to hide information (such as the relator’s name) will only be done if the court is convinced it’s truly necessary. In a recent case, the court rejected a whistleblower’s request to remain anonymous where the court found the whistleblower had 11 cases pending, involving 21 whistleblower claims and possibly as many as 50 different taxpayers. The whistleblower offered no proof he was in danger or in an employee relationship that could be jeopardized.
What This Means
Whistleblower tax cases are extremely complex and take a long time from initial application through investigation and discovery to resolution. Whistleblower identity can generally be protected up to trial and perhaps even longer given an effective showing of the need for continued anonymity. In all cases, whistleblowers with credible information of large tax avoidance schemes should seek counsel to pursue his or her case. The potential awards are very significant. Keep in mind that the IRS demands hard evidence of the fraud and will closely examine whether the whistleblower truly has original, solid documentation of the alleged fraud. The IRS may assist by sharing confidential tax information if it is convinced your information and knowledge of the wrongdoing will be beneficial. We at Evans Law Firm know what the government looks for in these large tax avoidance schemes and can sift through the evidence you have to determine the best way to proceed with an application.
Contact Us
If you have information regarding tax fraud or abusive tax avoidance or false claims and are looking to be a whistleblower in San Francisco County or in any California county, contact the Evans Law Firm whistleblower/qui tam attorneys at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with complex qui tam or whistleblower cases, including IRS tax avoidance whistleblower cases and tax and securities fraud whistlwblowers, and cases against large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We handle cases involving physical and financial elder abuse, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
