7 August 2001

See contents of full IRS Handbook of Criminal Investigation: http://cryptome.org/irs-ci/irs-ci.htm


Handbook 9.9
Criminal Investigation Management
Information System (CIMIS)


Chapter 9
Form 4930 Section V, Investigation Status


Contents


[9.9] 9.1  (09-16-1998)
Overview

  1. This chapter describes the information needed to complete items 34 and 35 of Section V, Form 4930, for input into the Criminal Investigation Management Information System (CIMIS).


[9.9] 9.2  (09-16-1998)
Investigation Status

  1. The following information is necessary to complete items 34 and 35 of Form 4930.

[9.9] 9.2.1  (09-16-1998)
Item 34, Status Code and Status Date

  1. Item 34 "Status Code and Status Date" (g/p/s/ssi): Enter for General Investigations, Primary Investigations, Subject Criminal Investigations, and Subject Seizure Investigations. Enter the two digit code from the list below describing the current status of the Investigation. An entry in this historical field requires an entry in Status Date.
  2. Status Code Index
A. District Level Code
General Investigation closed 99
Primary Investigation Closed 99
Investigation Authorized (DIST-OPEN) 01
Discontinued Investigation (DO-DISCO) 02
Subject Seizure Completed (SZR-COMP) 04
To District Counsel (DO-DC) 06
Simultaneous Plea Referral to District Counsel (DO-SPR) 09
Direct Referral to U.S. Attorney (DO-DR-USA) 05
Direct Referral to Department of Justice (DO-DR-DJ) 08
B. District Counsel
DC Supplemental Requested (DC-SUP-REQ) 10
DC Supplemental Completed (DC-SUP-COMP) 11
DC Declined (DC-DEL) 13
To D.J. w/Pros. Rec. (DC-DJ-PROS) 15
To D.J. Nonconcurrence (DC-DJ-NC) 17
Direct Referral to U.S. Attorney w/Pros. Rec. (DC-USA-PR) 18
Direct Referral to U.S. Attorney Nonconcurrence (DC-USA-NC) 19
C. Department of Justice
D.J. Supplemental Requested (DJ-SUP-REQ) 20
D.J. Supplemental Completed (DJ-SUP-COMP) 21
D.J. Declined (DJ-DECL) 22
To U.S. Attorney w/Pros. Rec. (DJ-USA-PR) 24
To U.S. Attorney Nonconcurrence (DC-USA-NC) 25
D. U.S. Attorney and Pre Trial Results
Information Field (INFO-FILED) 32
Indictment (INDICTMENT) 33
No True Bill (NOTRUEBILL) 34
U.S.A. Declined (USA-DECL) 38
Not Guilty Plea (NTGLTYPLEA) 36
Guilty Plea (GLTY-PLEA) 35
Nolo-Contendere Plea (NOLO-PLEA) 37
Pretrial Diversion (PRE-DIVERN) 39
E. Trial Results
Nolle Prosequi (NOLLE-PROS) 40
Judge Dismissed (DISM-JDG) 41
Mistrial (MISTRIAL) 42
Judge Guilty (GLTY-JDG) 43
Jury Guilty (GLTY-JRY) 45
Judge Acquitted (ACQ-JDG) 44
Jury Acquitted (ACQ-JRY) 46
F. Post Trial Results
Appeal Filed (APPL-FLD) 50
Appeal Denied (APPL-DND) 51
Appeal Granted (APPL-GRN) 52
Sentenced (SENTENCED) 53
G. Miscellaneous
Relationship Changed (REL-CHG) 64
H. Civil Action
Forwarded to Examination (FWD-EXAM) 70
Forwarded to Collection (FWD-COLL) 72
No Civil Action Required (NO-CV-REQ) 80
Taxes and Penalties Assessed (TAX-ASSESS) 71
No Assessment by Examination (NOASSESS) 81
Closed by Collection (CLS-COLL) 73

District Level

General Investigation Closed 99
The investigative aspects of the General Investigation are complete and the General Investigation will not be extended. General Investigations may be closed regardless of the status of any subordinate Primary Investigation. The system will generate a reason closed Code 40 "General Investigation Closed" in Item 35 "Reason Closed."
Primary Investigation Closed 99
Primary Investigation closed because of one of the following reasons: No Subject Investigation Initiated; All Subject Investigations have been closed criminally; All Subject Investigations have changed/transferred to another Primary Investigation; or Duplicate Investigation Closed. An entry is required in Item 35 "Reason Closed."
Investigation Authorized (DIST-OPEN) 01
Do not enter on Form 4930. System generated based on date the investigation was authorized.
Discontinued Investigation (DO-DISCO) 02
Subject Criminal Investigation discontinued without a prosecution recommendation. Enter a reason closed code in Item 35 "Reason Closed." This status code must be followed by one of the following status codes if the reason closed code is not Code 34 "Duplicate Investigation Closed;" Code 70 "Forwarded to Examination;" Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."
Subject Seizure Completed (SZR-COMP) 04
Subject Seizure Investigation completed, i.e., all of the assets seized have been disposed of; no assets were seized and no further action will be taken; the Subject Seizure Investigation was initiated to charge time assisting another agency's seizure investigation and no time will be applied. Enter a reason closed
code in Item 35 "Reason Closed." Must be either Code 33 "Subject Seizure Investigation Completed" or Code 34 "Duplicate Investigation Closed."
To District Counsel (DO-DC) 06
Subject Criminal Investigation forwarded to District Counsel. Entries are required in the following items: Item 48 "Judicial District;" Item 49 "District Counsel Office;" Item 50 "Method of Evasion;" Item 51 "Method of Computation;" Item 52 "Total Criminal Deficiency," if applicable; Item 53 "Principal Recommended Violation;" Item 55 "Recommended Periods," if applicable; Item 56 "Sentencing Impact-SAR;" and Item 31 "Provable Money Laundering Transactions," if applicable.
This status code must be followed by one of the following status codes: Code 10 "DC Supplemental Requested;" Code 13 "DC Declined;" Code 15 "To D.J. Prosecution Recommended;" Code 17 "To D.J. Nonconcurrence;" Code 18 "Direct Referral to U.S. Attorney w/Pros. Rec.;" or Code 19 "Direct Referral to U.S. Attorney Nonconcurrence."
Simultaneous Plea Referral to District Counsel (DO-SPR) 09
Subject Criminal Investigation involved in Plea Referral Program; refer to IRM 9.6 Chapter 3. Entries are required in the following items: Item 48 "Judicial District;" Item 49 "District Counsel Office;" Item 50 "Method of Evasion;" Item 51 "Method of Computation;" Item 52 "Total Criminal Deficiency," if applicable; Item 53 "Principal Recommended Violation;" Item 55 "Recommended Periods," if applicable; and Item 56 "Sentencing Impact-SAR."
This status code must be followed by one of the following status codes: Code 10 "DC Supplemental Requested;" Code 13 "DC Declined;" Code 15 "To D.J. w/Pros. Rec.;" Code 18 "Direct Referral to U.S. Attorney w/Pros. Rec.;" or Code 19 "Direct Referral to U.S. Attorney Nonconcurrence."
Direct Referral to U.S. Attorney (DO-DR-USA) 05
Subject Criminal Investigation forwarded directly to the U.S. Attorney. Entries are required in the following items: Item 48 "Judicial District;" Item 50 "Method of Evasion;" Item 51 "Method of Computation;" Item 52 "Total Criminal Deficiency," if applicable; Item 53 "Principal Recommended Violation;" Item 55 "Recommended Periods," if applicable; Item 56 "Sentencing Impact-SAR;" and Item 31 "Provable Money Laundering Transactions," if applicable.
This status code must be followed by one of the following status codes: Code 32 "Information;" Code 33 "Indictment;" Code 34 "No True Bill;" Code 38 "U.S.A. Declined;" or Code 39 "Pretrial Diversion."
Direct Referral to Department of Justice (DO-DR-DJ) 08
Subject Criminal Investigation forwarded directly to the Department of Justice. Entries are required in the following items: Item 48 "Judicial District;" Item 50 "Method of Evasion;" Item 51 "Method of Computation;" Item 52 "Total Criminal Deficiency," if applicable; Item 53 "Principal Recommended Violation;" Item 55 "Recommended Periods," if applicable; Item 56 "Sentencing Impact-SAR;" and Item 31 "Provable Money Laundering Transactions," if applicable.
This status code must be followed by one of the following status codes: Code 20 "D.J. Supplemental Request;" Code 22 "D.J. Declined;" Code 24 "To U.S. Attorney w/Pros. Rec.;" or Code 25 "To U.S. Attorney Nonconcurrence."

District Counsel

DC Supplemental Requested (DC-SUP-REQ) 10
District Counsel's office requests a supplemental investigation. This status code must be followed by status Code 11 "DC Supplemental Completed."
DC Supplemental Completed (DC-SUP-CMP) 11
Supplemental investigation completed by Criminal Investigation. This status code must be followed by one of the following status codes: Code 13 "DC Declined;" Code 15 "To DJ w/Pros. Rec.;" Code 17 "To D.J. Nonconcurrence;" Code 18 "Direct Referral to U.S. Attorney w/Pros. Rec.;" or Code 19 "Direct Referral to U.S. Attorney Nonconcurrence."
DC Declined (DC-DECL) 13
District Counsel declination. Enter reason closed code in Item 35 "Reason Closed." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination;" Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."
To D.J. w/Pros. Rec. (DC-DJ-PROS) 15
Subject Criminal Investigation forwarded to Department of Justice with a criminal prosecution recommendation. This status code must be followed by one of the following status codes: Code 20 "D.J. Supplemental Requested;" Code 22 "D.J. Declined;" Code
24 "To U.S. Attorney w/Pros. Rec.;" or Code 25 "To U.S. Attorney Nonconcurrence."
To D.J. Nonconcurrence (DC-DJ-NC) 17
Subject Criminal Investigation forwarded to the Department of Justice and District Counsel does not concur with the prosecution recommendation against one or more subjects. This status code must be followed by one of the following status codes: Code 20 "D.J. Supplemental Requested;" Code 22 "D.J. Declined;" Code 24 "To U.S. Attorney w/Pros. Rec.;" or Code 25 "To U.S. Attorney Nonconcurrence."
Direct Referral to U.S. Attorney w/Pros. Rec. (DC-USA-PR) 18
Subject Criminal Investigation forwarded directly to the U.S. Attorney with a criminal prosecution recommendation. This status code must be followed by one of the following status codes: Code 32 "Information;" Code 33 "Indictment;" Code 34 "No True Bill;" Code 38 "U.S.A. Declined;" or Code 39 "Pretrial Diversion."
Direct Referral to U.S. Attorney Nonconcurrence (DC-USA-NC) 19
Subject Criminal Investigation forwarded directly to the U.S. Attorney and District Counsel does not concur with the prosecution recommendation against one or more subjects. This status code must be followed by one of the following status codes: Code 32 "Information;" Code 33 "Indictment;" Code 34 "No True Bill;" Code 38 "U.S.A. Declined;" or Code 39 "Pretrial Diversion."

Department of Justice

DC Supplemental Requested (DJ-SUP-REQ) 20
Department of Justice requests a supplemental investigation. This status code must be followed by status code "D.J. Supplemental Completed."
D.J. Supplemental Completed (DJ-SUP-COMP) 21
Supplemental investigation completed by Criminal Investigation. This status code must be followed by one of the following status codes: Code 22 "D.J. Declined;" Code 24 "To U.S. Attorney w/Pros. Rec.;" or Code 25 "To U.S. Attorney Nonconcurrence."
D.J. Declined (DJ-DECL) 22
Department of Justice disagrees with the recommendation for prosecution. Enter a reason closed code in Item 35 "Reason Closed." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination;"
Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."
To U.S. Attorney w/Pros. Rec. (DJ-USA-PR) 24
Subject Criminal Investigation forwarded to U.S. Attorney with prosecution recommendation.
To U.S. Attorney Nonconcurrence (DJ-USA-NC) 25
Subject Criminal Investigation forwarded to U.S. Attorney and Department of Justice does not concur with the prosecution recommendation against one or more subjects.

U.S. Attorney and Pre-Trial Results

Information (INFO-FILED) 32
Subject is charged on an information. An entry is required in item 57 "Principal Information/Indictment Violation."
Indictment (INDICTMENT) 33
Subject is indicted. Do not enter superseding indictments. An entry is required in Item 57 "Principal Information/Indictment Violation."
No True Bill (NOTRUEBILL) 34
Grand Jury fails to return an indictment. This status code must be followed by one of the following status codes: Code 33 "Indictment" or Code 38 "U.S.A. Declined."
U.S.A. Declined (USA-DECL) 38
U.S. Attorney decides not to prosecute. Enter a reason closed code in Item 35 "reason Closed." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination;" Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."
Not Guilty Plea (NTGLTY-PLEA) 36
Subject pleads no guilty. An entry is required in Item 59 "District Court Docket Number."
Guilty Plea (GLUTEI-PLEA) 35
Subject pleads guilty. An entry is required in Item 59 "District Court Docket Number."
Nolo-Contendere Plea (NOLO-PLEA) 37
Subject pleads nolo contendere. An entry is required in Item 59 "District Court Docket Number."
Pretrial Diversion (PRE-DIVERN) 39
The Pretrial Diversion Program provides a method by which a person charged with an offense can be diverted from the judicial process, normally prior to indictment, and placed in a rehabilitation program. The desirability of diversion is determined by the United States Attorney and is implemented by formal contact between the United States Attorney, the defendant, and the defendant's counsel. It is not incumbent upon the United States Attorney to consult with the interested department or agency prior to entering into such a contract. The district Criminal Investigation Division should notify District Counsel of any indication of intent on the part of the United States Attorney to apply the Pretrial Diversion Program to a Title 26 investigation. This status code must be followed by one of the following status codes: Code 32 "Information;" Code 33 "Indictment;" or Code 38 "U.S.A. Declined." If status code 38 "U.S.A. Declined" is used, Item 35 "Reason Closed" must be Code 31 "Pretrial Program."

Trial Results

Nolle Prosequi (NOLLE-PROS) 40
Prosecution action is discontinued prior to commencement of trial proceedings. An entry is required in Item 35 "Reason Closed." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination;" Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."
Judge Dismissed (DISM-JDG) 41
Judge dismisses the docketed case after trial proceedings have started. An entry is required in Item 35 "Reason Closed." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination;" Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."
Mistrial (MISTRIAL) 42
Judge declares a mistrial. This is a temporary code which must be followed by another plea status code or trial result status code, contingent upon action taken by the United States Attorney. If further trial action is not pursued, the investigation should be closed by entering status Code 41 "Judge Dismissed" and reason closed Code 28 "Mistrial" in Item 35 "Reason Closed."
Judge Guilty (GLTY-JDG) 43
Subject is found guilty by the trial judge.
Jury Guilty (GLTY-JRY) 45
Subject is found guilty by a jury.
Judge Acquitted (ACQ-JDG) 44
Subject is acquitted by the trial judge. The system will generate a reason closed Code 29 "Acquitted" in Item 35 "Reason Closed." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination;" Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."
Jury Acquitted (ACQ-JRY) 46
Subject is acquitted by a jury. The system will generate a reason closed Code 29 "Acquitted" in Item 35 "Reason Closed." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination;" Code 72 "Forwarded to Collection;" or Code 80 "No Civil Action Required."

Post Trial Results

Appeal Filed (APPL-FLD) 50
Subject files an appeal of conviction.
Appeal Denied (APPL-DND) 51
Appeal has been denied. Enter when all appeal rights have been exhausted. This status code must be preceded by status Code 50 "Appeal Filed." If the appeal action followed a sentencing, enter Code 30 "Sentenced" in Item 35 "Reason Closed."
Appeal Granted (APPL-GRN) 52
To be used when a conviction has been reversed and a new trial is ordered.
Sentenced (SENTENCED) 53
Subject is sentenced. Entries are required on the following items: Item 35 "Reason Closed" DO NOT ENTER UNTIL THE PERIOD FOR APPEAL HAS EXPIRED; Item 62 "Principal Sentenced Violation" ; Item 63 "Other Sentenced Violation" if applicable. An entry must appear in one of the following items: Item 64 "Months to Serve" ; Item 65 "Months Probation" ; or Item 66 "Fines to Pay." This status code must be followed by one of the following status codes: Code 70 "Forwarded to Examination" ; Code 72 "Forwarded to Collection" ; or Code 80 "No Civil Action Required."

Miscellaneous

Relationship Changed (REL-CHG) 64
Do not enter on Form 4930. This status code is system generated.

Civil Actions

Forwarded to Examination (FWD-EXAM) 70
Subject forwarded to Examination.
Forwarded to Collection (FWD-COLL) 72
Subject forwarded to Collection.
No Civil Action Required (NO-CV-REQ) 80
Enter this code for all Subject Criminal Investigations not being forwarded for civil action. The system will generate a civil reason closed Code 54 "No Civil Action Required" when this status code has been entered.
Taxes and penalties assessed (TAX-ASSESS) 71
Do not enter on Form 4930. This status code will be electronically updated by CI Headquarters Staff.
No Assessment by Examination (NO-ASSESS) 81
Do not enter on Form 4930. This status code will be electronically updated by CI Headquarters Staff.
Closed By Collection (CLS-COLL) 73
Do not enter on Form 4930. This status code will be electronically updated by CI Headquarters Staff.

[9.9] 9.2.2  (09-16-1998)
Item 35, Reason Closed

  1. Item 35 "Reason Closed" (g/p/s/ssi): Enter the reason the investigation was closed. Reason closed code 34 "Duplicate Investigation Closed" will only be used for Primary, Subject Criminal, or Subject Seizure Investigations when the investigation was initiated in error or a request has been made to close a duplicate investigation.
Section/Description Code
General Investigation Closed 40
Do not enter on Form 4930. The system will generate this code when status code 99 "General Investigation Closed" has been entered.
Primary Investigation Closed 41
All associated Subject Criminal/Seizure Investigations are closed and there will be no further development of individual/entities.
Primary Investigation Closed 42
All Subject Criminal/Seizure Investigations of a Primary Investigation have changed/transferred to another Primary Investigation.
Primary Investigation Closed: Primary Investigation did not warrant a Subject Investigation for one of the following reasons: Code
Action by Examination, Collection, or other IRS functions 12
Action in Related Investigation 19
Age or Health of Taxpayer 15
Allegation(s) False 02
De Minimis Tax 04
Death of the Taxpayer 17
Direct Referral to Collection 35*
Direct Referral to Examination 36*
Dual Prosecution 37
Duplicate Investigation Closed 34
Forwarded to Local Tax Departments 38*
Forwarded to the Service Center 39*
Inability to Establish Responsibility 09
Inability to Negate Non-Taxable Source Income 08
Lack of Jury Appeal 23
Lack of Pattern 07
Lack of Resources 01
Prosecution by Other Agency 21
Returns Solicited by Service Employee 11
Scheme Forwarded to the Wrong District 43
Other Reason 32
*Reason closed codes 35, 36, 38, or 39 may not be used for Primary Investigations that were referrals from Examination, Collection, or EP/EO.

Subject Criminal Investigation Closed: Subject Criminal Investigations may be closed at any time. Note: If all associated Subject Investigations of a Primary Investigation have been closed and there will be no further development of individuals/entities, the Primary Investigation should be closed.

Acquitted 29
Action by Examination, Collection, or Other IRS Functions 12
Action in Related Investigation 19
Age or Health of Taxpayer 15
All Taxes Paid Prior to Time of Trial 13
Allegation(s) False 02
De Minimis Tax 04
Death of the Taxpayer 17
Duplicate Investigation Closed 34
Immunity Granted to Taxpayer 26
Inability to Establish Responsibility 09
Inability to Negate Non-Taxable Source Income 08
Insanity of Taxpayer 16
Judge Determines Investigation Lacks Merit 27
Key Witness Unavailable or Unreliable 10
Lack of Jury Appeal 23
Lack of Pattern 07
Lack of Resources 01
Lack of Sufficient Evidence or Witnesses 05
Mistrial 28
No True Bill 24
No Willful Intent 03
Poor Financial Condition of Taxpayer 14
Pretrial Diversion Program 31
Prosecution by Other Agency 21
Prosecution on a Related Charge 20
Returns Solicited by Service Employee 11
Sentenced 30
Statute of Limitations Expired 18
Taxpayer Already Serving Prison Term 22
Taxpayer is a Fugitive Charges Dropped 25
Voluntary Disclosure 06
Other Reason 32

Subject Criminal Investigation Civil Reason Closed: Do not enter on Form 4930. These codes will be electronically updated by CI Headquarters Staff:

Assessed Taxes Fully Paid 50
Assessed Taxes Partially Paid 51
Assessed Taxes Not Collected 52
No Taxes Assessed by Examination 53
No Civil Action Required 54

Subject Seizure Investigation Closed: Subject Seizure Investigations may be closed only when one of the following actions occurs: All of the assets seized have been disposed of; no assets were seized and no further action will be taken; the Subject Seizure Investigation was initiated to charge time assisting another agency's seizure investigation; or no more time will be charged to the investigation.

Subject Seizure Investigation Closed 33
Duplicate Investigation Closed 34

Internal Revenue Manual  

Hndbk. 9.9 Chap. 9 Form 4930 Section V, Investigation Status

  (09-16-1998)

05/02/2001 14:30:23 EST