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March 29, 2011

Can the IRS really do this?

This is really really disturbing. It seems to reveal a side of the IRS that I never knew existed. According to the NYT's Joe Nocera, an IRS investigator basically stalked ultra-marathoner Charlie Engle because he wondered about how he supported his lifestyle.

The film, “Running the Sahara,” was released in the fall of 2008. Eventually, it caught the attention of Robert W. Nordlander, a special agent for the Internal Revenue Service. As Mr. Nordlander later told the grand jury, “Being the special agent that I am, I was wondering, how does a guy train for this because most people have to work from nine to five and it’s very difficult to train for this part-time.” (He also told the grand jurors that sometimes, when he sees somebody driving a Ferrari, he’ll check to see if they make enough money to afford it. When I called Mr. Nordlander and others at the I.R.S. to ask whether this was an appropriate way to choose subjects for criminal tax investigations, my questions were met with a stone wall of silence.)

I always assumed you weren't investigated by the IRS unless they had some prima facie evidence of wrongdoing or you were subject to a broad and impersonal audit dragnet. Turned out that like millions of others Engle lied on a mortgage application during the housing bubble.
UPDATE: As his dad, Rich, points out and Nocera's article makes clear, there is a good case to be made that Charlie Engle didn't lie about his income on his loan applications. So he may be in jail for nothing.

In March 2009, still unsatisfied, Mr. Nordlander persuaded his superiors to send an attractive female undercover agent, Ellen Burrows, to meet Mr. Engle and see if she could get him to say something incriminating. In the course of several flirtatious encounters, she asked him about his investments.

After acknowledging that he had been speculating in real estate during the bubble to help support his running, he said, according to Mr. Nordlander’s grand jury testimony, “I had a couple of good liar loans out there, you know, which my mortgage broker didn’t mind writing down, you know, that I was making four hundred thousand grand a year when he knew I wasn’t.”

Mr. Engle added, “Everybody was doing it because it was simply the way it was done. That doesn’t make me proud of the fact that I am at least a small part of the problem.”

The woman was wearing a wire, and now Engle is in jail. (Check out his blog here.) Amazing. I had no idea IRS operatives could tape you sureptitiously. I thought only criminal investigation wings of the Justice Department or state and local police could do that. No excuse for Engle to have lied to his lender, but the way he got nailed is quite scary.

Posted by Jay Hancock at 10:33 AM | | Comments (4)
Categories: Taxes
        

Comments

What does the IRS gain from putting people in jail for that?

Arguably, the only reason they want to punish these people is for not paying their "fair" share in taxes. So what would throwing them in jail possibly do to rectify that situation, besides costing the country even more tax dollars?

I guess they just want to make an example of the guy...

To clarify, while it was suspicion of tax evasion that piqued the interest of Inspector Javert, it was mortgage fraud that landed Engle in prison for two years.

The real story is how weak the government's case was against him, and the fact that the jury found him NG for what was seemingly the only element that could have landed him in jail. Engle's own mortgage broker was a key witness for the state, but this scumbag was already facing criminal prosecution himself for mortgage fraud, and struck a deal with the government to testify against Engle. A handwriting analysis suggested Engle may never have signed the loan app that had the overstated income.

Someone broke the #1 rule. You never mess with the IRS. You can mess with the CIA, NSA, FBI, ATF, or any other government agency, but remember the IRS is the only government entity where you are guilty until you prove yourself innocent which is a direct violation of the US Constitution, however, the government seems to ignore this situation.

When I first moved to Maryland the state sent me a $4500 tax bill. Seems because I moved here in July of 2002 they wanted me to pay taxes for the 2001 tax year in which I spent less than 4 days in this state. I had to prove I didn't work in Maryland and if I had done nothing and ignored them I would have been locked up or my wages garnished. I was guilty and had to prove otherwise.

Moral of he story? You can mess with anyone that is not the IRS (Or state level equivalent.)

Hil Phillip. If it was Maryland taxes it was the Maryland comptroller, not the IRS. JH

Can the IRS really tell my employer that they must change my W-4 to single and 0? I need help

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About Jay Hancock
Jay Hancock has been a financial columnist for The Baltimore Sun since 2001. He has also been The Baltimore Sun's diplomatic correspondent in Washington and its chief economics writer. Before moving to Baltimore in 1994 he worked for The Virginian-Pilot of Norfolk and The Daily Press of Newport News.

His columns appear Tuesdays and Sundays.
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