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38.2.1.8
(08-11-2004)
Release of Information
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Because the IRS achieves the greatest deterrent effect through news
coverage of criminal tax prosecutions, the Attorney General has approved the
issuance by the Service of appropriate press releases. Excessive pretrial
publicity constitutes a danger to an individual’s right to a fair trial,
and thus it is essential that Service personnel avoid actions that might prejudice
that right. Statutory prohibitions on the unauthorized disclosure of return
and return information make it imperative that material contained in such
news releases be limited to facts that are a matter of public record. See IRC § 6103.
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All release of information is subject to Service procedures and guidelines
based on DOJ guidelines.
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IRS personnel will not make public statements, news releases, or other
public disclosures concerning a defendant, the evidence, or other aspects
of a criminal matter anytime during the investigation and resulting prosecution,
except upon approval by DOJ.
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IRS personnel will neither encourage nor assist news media in televising
or photographing a defendant or accused person being held or transported in
federal custody, nor will they make photographs of the defendant available
to the media.
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Counsel is not authorized to make news releases.
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