Discussing the FBI’s decision to forego criminal charges in the IRS investigation.
Archives for January 2014
01/14/2014
Related Documents: IRS Targeting & Politicization
Sensitive Case Reports: A Hidden Cause of the IRS Targeting Scandal
Read our full report on IRS targeting here. (March 2017)
TIGTA FOIA Litigation
Final Response to Cause of Action FOIA Request (December 15, 2014)
Joint Status Report and Proposed Schedule (December 5, 2014)
Clarification of Initial Response to Cause of Action FOIA Request (December 5, 2014)
TIGTA Response to Cause of Action FOIA Request(December 1, 2014)
Opinion (September 29, 2014)
Reply Brief (March 17, 2014)
Complaint (August 9, 2013)
IRS FOIA Request regarding IRS Targeting and Records Management
FOIA Request (July 23, 2014)
IRS FOIA Request and Lawsuit
Plaintiff’s Cross-Motion for Summary Judgment (June 10, 2014)
- Memorandum of Points and Authorities in Opposition to Defendant’s Motion for Summary Judgment
- Plaintiff’s Statement of Undisputed Material Facts
- Plaintiff’s Response to IRS’s Statement of Undisputed Material Facts
- Proposed Order
Complaint (June 19, 2013)
October 9, 2012
FOIA Request: records of communication between the White House and the IRS concerning taxpayer information, particularly communications that were not made pursuant to 6103(g) of the tax code, which authorizes the President to request any individual’s tax return information from the IRS.
FOIA request to TIGTA August 16, 2013
Request for access to the work calendars of Inspector General J. Russell George from March 1, 2012 to July 31, 2013.
FOIA production received from TIGTA December 30, 2013
01/14/2014
Washington Free Beacon: Watchdog Criticizes Justice Dept. Decision to Forego IRS Criminal Investigation
Read the full story: Washington Free Beacon
Cause of Action executive director Dan Epstein said the documents his group obtained, which were shared with the Washington Free Beacon, suggest that TIGTA’s investigation may have been inadequate.
…
“Given that IG George’s examination of tax-exempt applicant reviews at the IRS was conducted over a period of just a few months—was a thorough investigation of the IRS ever possible?” Epstein asked in an emailed statement.
Even the review that did take place lacked the authority to use investigative tools that might have uncovered wrongdoing, Epstein said.
“Given that IG George chose to forego an investigation and pursue an audit, coupled with no evidence of any meetings with the FBI in IG George’s calendars, is it any wonder that the FBI has been unable to find criminal violations?” he asked.
01/14/2014
Cause of Action Finds Resolution for Marine Biologist in Case of Overcriminalization
FOR IMMEDIATE RELEASE CONTACT:
January 13, 2013 Annalisa Musarra, 202-499-4230
Cause of Action Finds Resolution for Marine Biologist in Case of Overcriminalization
SAN JOSE – Today, the sentencing hearing for Nancy Black was held in the U.S. District Court for the Northern District of California before Judge Edward Davila, bringing an end to a more than seven-year-long investigation and prosecution in the case of United States v. Black.
Ms. Black is represented by Cause of Action (CoA), a government accountability organization, and by attorneys Mark Vermeulen and Lawrence Biegel.
The government’s original charges could have resulted in up to 27 years in prison, a $700,000 fine and forfeiture of her research vessel. However, Ms. Black’s defense team was able to resolve the case through a no-jail plea agreement in which Ms. Black pleaded guilty to a single misdemeanor charge of violating a MMPA regulation prohibiting “feeding” for which she will receive a $12,500 fine, 3 years of probation, and 300 hours of community service.
Ms. Black, a well-respected and highly-esteemed marine biologist whose research focuses on the feeding habits of killer whales, is the first person to be criminally charged with violating a Marine Mammal Protection Act (MMPA) regulation prohibiting feeding marine mammals in the wild. Every other violation of this regulation resulted in relatively modest fines or, in a recent case with far more egregious facts, forfeiture of an old boat.
Dan Epstein, Cause of Action’s executive director, said:
“By singling out a valued and well-respected member of the scientific community for prosecution when more significant violations of the Marine Mammal Protection Act regulation prohibiting feeding resulted in nothing more than small civil fines, Ms. Black’s case illustrates how the power of the federal bureaucracy can affect the lives of hard-working Americans. Ms. Black’s case is a cautionary tale to those who believe the administrative state is benign; when power is unchecked it becomes unbridled and so individuals and small businesses – not the politically well-connected and powerful – often end up as victims of its abuse.”
Nancy Black said:
“I am extremely relieved that this whole ordeal is finally coming to a close. My work is very important to me, and I look forward to returning to my passion of studying marine mammals without the distractions that I have had during this case. I am very grateful for the support I’ve received from the community as well as the help of Cause of Action and my entire legal team.”
About Cause of Action:
Cause of Action is a nonprofit, nonpartisan organization that uses investigative, legal, and communications tools to educate the public on how government accountability and transparency protects taxpayer interests and economic opportunity. For more information, visit www.causeofaction.org.
To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Annalisa Musarra, annalisa.musarra@causeofaction.org.
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01/14/2014
The Herald News: Marine biologist Nancy Black fined $12,500 for violating Marine Mammal Protection Act
Read the full story: The Herald News
Cause of Action Executive Director Dan Epstein said Black is the first person to be criminally charged for violating the marina mammal act. Others who committed more egregious actions in the past have received minimal administrative fines.
“Ms. Black’s case illustrates how the power of the federal bureaucracy can affect the lives of hard-working Americans,” he said, calling it a cautionary tale. “When power is unchecked, it becomes unbridled and so individuals and small businesses often end up as victims of its abuse.”
01/13/2014
ZwillGen blog: FTC COMMISSIONERS’ STATEMENTS BECOME FACTORS IN WYNDHAM AND LABMD
Read the full story: ZwillGen blog
The second incident relates to the FTC’s complaint against LabMD, Inc., a medical testing company whose security practices the FTC alleged were unfair and deceptive. LabMD refused to settle this action with the FTC, and the complaint proceeded to litigation before an FTC Administrative Law Judge whose findings eventually will be reviewed by the FTC Commissioners.
On Dec. 17, LabMD moved to disqualify Commissioner Julie Brill from reviewing the ALJ’s decision, arguing that Commissioner Brill referenced LabMD in two speeches, suggesting that she had prejudged this case. The FTC responded, explaining that, although a citation to the LabMD administrative complaint appears as a single footnote in the written versions of the speeches, it does not provide any commentary on this case or suggest it had been decided. Rather, the FTC explained, the reference is listed as one of several other complaints where the FTC “found reason to believe” that a company failed to use reasonable and appropriate security measures. Despite disagreeing with LabMD’s motion, Commissioner Brill chose to recuse herself from review of the LabMD proceedings to prevent this ancillary issue from becoming a distraction.