The IRS conducted some 1,7000 investigations over 2012-2021 into unauthorized access by its employees into tax records, the GAO has said, leading to some firings and even criminal prosecutions, although most of those probes did not result in a finding of misconduct.
The GAO, which examined the issue in light of recent public reporting on the level of taxes paid by some prominent individuals, said that of those, the agency determined 462 cases to be violations and it closed 852 cases as unsubstantiated and 380 cases as unresolved. It noted that in some cases unauthorized access can be inadvertent, such as if employees accidentally enter an incorrect taxpayer identification number in the course of authorized work.
Of the 462 confirmed violations, it said, 105 resulted in removal, 35 in resignations and 243 in suspensions, with the rest resulting in various outcomes. GAO noted that under the table of penalties the IRS uses, “managers are to consider the nature and seriousness of the offense, potential for rehabilitation, mitigating circumstances, and consistency with other penalties, among other factors.”
Of the 204 cases investigated for potentially both unauthorized access and unauthorized disclosure, the GAO said, the IRS confirmed both violations in 27 and each of those resulted in a removal, suspension or resignation.
It added that unauthorized disclosure is a felony punishable by a fine of up to $5,000, up to 5 years in jail, or both, plus costs of prosecution. It said that during that period, the Department of Justice accepted 35 referrals of unauthorized access or disclosure cases for prosecution, of which 24 resulted in guilty outcomes.
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