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PaperclipPerfector  1yr ago (text post)   33485 thread views

Culture War Roundup for the week of June 19, 2023

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Above you stated it is not the IRS’ MO to seek felony convictions for tax fraud if after the whole process the taxpayer pays the money. Now you are claiming prosecutions for firearm possessions while lying about being a drug addict are “crazy rare.”

This cannot be from personal experience. The overlap between someone who practices enough million dollar plus tax evasion cases to understand the government’s MO and someone who practices enough drug addicts with guns to understand the government’s MO is zero. They are just fundamentally different practice areas for different clients with different skill sets.

This isn’t even a matter of “general legal analysis of the law.” No you are talking about the law as applied not as written which requires some experience.

So, what is your source for your claims? And what is your counter source (ie did you consider someone on the other side of the argument)? And how did you weigh them against each other? Or did you just make shit up and try to sound authoritative hoping no one would say boo?

"Prosecutions for false statements on gun-purchase forms are relatively rare, but they do happen.

Indeed. And it is one of the biggest DOJ/FBI/ATF failures as an institution given that lying on these forms is one of the primary ways that organized crime obtains weapons. Unsurprisingly, the reason for this failure is also because it would be bad politically for Democrats by highlighting the fact that minority women are, in fact, a huge part of the organized crime process

First, you are citing… H&R Block? Seriously? H&R Block isn’t handling complex tax issues. I

Second, even the H&R Block article doesn’t say what you claim it says. It doesn’t say you need to have both unreported income and attempt to hide during the audit.

What it actually says is the IRS looks for is:

Usually, tax evasion cases on legal-source income start with an audit of the filed tax return. In the audit, the IRS finds errors that the taxpayer knowingly and willingly committed. The error amounts are usually large and occur for several years – showing a pattern of willful evasion.

The article then says the IRS then looks for unreported income and/or dodgy behavior during audit. It notes dodgy behavior helps prove fraud. That is it is evidentiary; not substantive.

None of this supports your case that if the target eventually repays the IRS generally doesn’t pursue criminal charges. Once again, if you don’t punish willfully evading you will get more evading even if in the particular case you ultimately get the cash. In this case, the IRS agents investigating the crime noted that there was plenty of evidence of evasion; specifically (1) Biden set up a complex system to try to treat compensation as a loan but didn’t even properly record it is as such and (2) that Biden’s own accountant told him he needed to change his tax return because he did not properly report the income and Biden choose not to.

So please stop pretending to have expertise when you have none in the subject.

Lawyers for gang leaders describes someone familiar with both those practice areas, but also this information seems like it’s reasonably accessible to the general public. Federal charges relating to firearms acquisition are basically never filed, and the IRS’s MO is pretty widely known.

Maybe for gang leaders, but how frequently do gang people go for tax issues, especially more complex tax fraud issues?

And no, how the IRS handles tax fraud is not widely known. It isn’t a common thing. It really only comes up with celebrities and often the details of how and when repaid are entirely unclear. How often do people know about this when it deals with semi complex issues that even the IRS felt should be a felony until the DOJ allegedly overruled them.

As a non-lawyer, it's fairly well known that lying on the ATF Form 4473 basically never results in charges (as of the 2018 GAO report, at least -- they claim they're trying to increase those numbers). In FY 2017, 8.6M reported transactions led to 112k denials, 12.7k investigations, and 12 prosecutions. Presumably every one of those denials lied about eligibility on that form, barring questionable corner cases like "I forgot I have a felony conviction."

Note that Form 4473 here is the one that asks "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" and notes in bold that lying on the form is itself a felony. I most often see this referenced by people in gun circles complaining that the law as-written is not enforced.

As much as I wish we'd actually, like, enforce laws in this country, starting to enforce previously-mostly-ignored laws specifically with people close to politicians is a bit of a bad look. OTOH, I'd really like to see us hold those in positions of power to a higher standard, rather than a lower one.

Thanks — I didn’t realize that. But that’s all the more why to understand this you need to really practice in the area.

  1. You could say the same thing about FARA violations but that changed with Trump.

  2. This case seems much worse than the normal. Here the gun was disposed of next to a school while Hunter and his sister-in-law and lover were both strung out. Therefore the activity seems much worse than normal. Also the perp’s own father sponsored the bill…

I wasn't aware of the other gun crimes. The original article says "it would not prosecute him in connection with his purchase of a handgun in 2018 during a period when he was using drugs," which seems to dance around the details of post-purchase behavior, although I hardly expect to see charges filed for that either.

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