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  1. #1
    Join Date
    May 2010
    Posts
    2

    Default Tax Lien Mess and Possible Identity Theft Charge

    My question involves criminal law for the state of: California or federal

    This case occurs in California.

    I've used my friend identity to do stock day trading in 2003 and 2004 during the person's long absence from USA. I did not have US SSN and the brokerage wouldn't open any foreign account.

    Later through my own ignorance (at first I thought no tax return is required for any year with negative income, while IRS actually assumes, without a valid tax return, all stock sale proceeds are pure income with no cost basis), my poor health, my several absences from my address on file with IRS, and mis -communication by the bureaucratic IRS (instead of pointing out what's wrong with the returns I did file after their inquiry, they just continued to demand millions in tax due and I just continued to file the same wrong returns repeatedly), etc, a tax lien was filed. The IRS also most possibly made procedure mistakes in the lien filing.

    After the tax returns issue was straightened out with IRS, the lien was released, but a "released tax lien" note will remain on my friend's credit record for another 5 year (7 years in total), which will severely affect the job application of this person, who is back in USA for two years now and will seek a job in finance. My friend is pretty upset with me about the mess and does not want to get involved in the cleaning up. This person wants to maintain a "unknowing victim" status to be out of any possible implication in case the issue has to be solved by criminal procedure finally.

    I tried various ways to have the mighty IRS withdraw the lien to no avail. Now I have an new idea: my friend can file a police report and I can turn myself in to the authorities and admit to the identity theft in 03, 04. We hope I will get immunity because the status of limitations (SOL) might have run out by now, while my friend can have the police report to make IRS withdraw the lien.

    But here is the key problem for this idea: Though my last time of trading with false ID is in early 04, but I have been trying to straight out the lien issue with IRS and credit report agencies until now, all time pretending to be the other person. Will this make the whole incident a continuing/continuous crime running up to now, instead of one that was completed in 2004, for the SOL purpose?

    Also, here there is a reference to CA SOL on fraud (possibly the civil one):

    http://www.statutes-of-limitations.com/state/california

    "Fraud

    3 years for relief on ground of fraud or mistake. Cause of action not deemed to have accrued until discovery of facts by aggrieved party."

    Does it mean that the earliest possible crime completion date is the time my friend found out of the mess two years ago and contacted me (I also did not know the credit record impact until then. Stupid me!) even if my later "cleaning up" action does not constitute continuing/continuous crime?

    BTW, is this a federal crime or state one, and what the SOL is in either case? I have no prior crime record. What will be the likely penalty if SOL does not apply? Any other advice for me to get out of the mess will also be greatly appreciated.

    Thank you in advance for your kind help. This is a great site. I get a lot of knowledge here.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tax Lien Mess and Possible Identity Theft Charge

    The various statutes of limitation for federal tax-related offenses are summarized here. Note that if you incur a tax liability by virtue of fraud, there is no limit on how long the IRS has to collect the money you owe.

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Tax Lien Mess and Possible Identity Theft Charge

    Thank you, Mr Knowitall. No past tax is due whatsoever.

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