Tuesday, October 11, 2016

The Indian call center gambit - by Daniel L. O’Neil

Scammers and fraudsters are getting more sophisticated in their gambits. Recent news out of Mumbai that a criminal ring of nine call centers were impersonating Internal Revenue Service officials and demanding money from American taxpayers. This scheme went on for nearly a year, ending in 70 arrests in Mumbai along with another 600 individuals under investigation. The scheme was taking in nearly $150,000 USD per day so it was clearly more sophisticated than the Nigerian Prince e-mails we all have been receiving since we registered our first AOL account in the 90s. There are ways to protect yourself though.

Some of the common hallmarks of IRS fraud schemes include:

·       There was no official written correspondence to your true mailing address relating to what the phone calls were about
·         There are threats that the “local police” would come arrest you if you didn’t pay immediately
·         There are threats that IRS agents would raid your home if you didn’t pay immediately

Reality:

·         The IRS does not officially communicate by you with e-mail.
·         There are processes and procedures, including notice to you, that the IRS must follow before they can take drastic measures like liens or levies, so they have even less authority to shake you down over the telephone for money.
·         The IRS is a federal agency, they do not use “local police” for enforcement.
·         Except for referrals to CI for investigation of tax crimes, when you deal with the IRS you are dealing with revenue agents, appeals officers, settlement officers, Chief Counsel lawyers … these people do not carry guns in the ordinary course of business or kick down your doors. Taxes are civil matters until two special agents (carrying guns) show up on your door step and ask to talk to you. That’s when you have moved from the civil side to the criminal side.

The IRS has to comply with rules and regulations designed to protect American taxpayers. Even if you owe a lot of money to the IRS the odds are if “someone” calls you and demands money on the phone immediately, it’s not the Real IRS.

If you are being audited by the Real IRS or two special agents show up on your door step and you want to talk to a lawyer with a Master of Laws in Taxation that had advanced coursework beyond the J.D. in Tax Crimes & Money Laundering and other matters, give us a call and let’s start the conversation. Frye, Oaks, Benavidez & O’Neil, PLLC: more than 105 years of legal experience now under one roof.

713-227-1717

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