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Evaluating the IRS' Second Voluntary Disclosure Initiative



Friday, February 18, 2011
Product Code - TMA06
Speaker(s): Rick A. Raven, Deputy Chief, Criminal Investigation Division, Internal Revenue ServiceDiana Erbsen, DLA Piper (US) Mark E. Matthews, Morgan, Lewis & Bockius Fred. F. Murray, Grant Thornton Alan W. Granwell (Moderator), DLA Piper (US)
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The Internal Revenue Service has announced a new offshore account voluntary disclosure program targeting non-compliant U.S. taxpayers with unreported offshore accounts and entities. By coming forward under the new initiative prior to the IRS receiving information as to a taxpayer's non-compliance, U.S. taxpayers have an opportunity to pay a predictable set of civil taxes, interest and penalties and mitigate the risk of criminal prosecution.

Rick A. Raven, Deputy Chief of the Criminal Investigation Division of the Internal Revenue Service, was joined by a team of private practitioners to discuss the new IRS Offshore Voluntary Disclosure Initiative that follows the highly successful 2009 offshore voluntary disclosure program.

This BNA webinar event offered trust officers, family office advisors, and consultants to high-net worth individuals an unparalleled opportunity to gain direct insight from experienced professionals into the details of the government's new program.

The new voluntary disclosure program is only open until August 31, 2011. In order to achieve the benefits of the new program and clean up their foreign filings, taxpayers and their advisers have much to do by that time. It is important to give these matters immediate attention!

Panelists:

  • Reviewed the eligibility requirements forentering the program;
  • Summarized the procedural andsubstantive elements of the new program;
  • Identified issues that taxpayers shouldassess in considering their options; and
  • Reviewed the FAQs related to the initiative.

Rick A. Raven, Deputy Chief, Criminal Investigation Division, Internal Revenue ServiceDiana Erbsen, DLA Piper (US) Mark E. Matthews, Morgan, Lewis & Bockius Fred. F. Murray, Grant Thornton Alan W. Granwell (Moderator), DLA Piper (US)

Rick Raven is the Deputy Chief, Criminal Investigation Division, headquartered in Washington, DC. Mr. Raven was named to this position in January 2010. In this role, he directs worldwide programs for investigating potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law. The Deputy Chief reports directly to the Chief, Criminal Investigation.

Along with the Chief, Criminal Investigation, Mr. Raven advises the IRS Deputy Commissioner (Services and Enforcement) and IRS Commissioner on Criminal Investigation matters. Mr. Raven also manages the day-to-day activities of the Headquarters Criminal Investigation organization.

Rick began his Internal Revenue Service career in 1987 as a special agent in Reno, Nevada. He held increasingly responsible positions as frontline manager in Boise, Idaho; Senior Analyst in Washington, DC; Assistant Special Agent in Charge and Special Agent in Charge in Seattle, Washington; Director, Special Investigative Techniques; Special Agent in Charge, Baltimore/Washington DC Field Office, and most recently, he served as Director, Operations Policy and Support.

Diana Erbsen is a partner in DLA Piper’s New York office, where she concentrates her practice on federal, state and local tax controversies and tax litigation, including criminal tax matters. She has represented clients in tax disputes with the Internal Revenue Service throughout the United States, in matters pending before multiple federal courts (including the US Tax Court and the Court of Federal Claims), in matters before the New York State Department of Taxation and Finance and in investigations being conducted by the Criminal Investigation Division of the IRS and the Department of Justice.

Ms. Erbsen has represented both public and privately held corporations, as well as partnerships, estates and individuals. Further, Ms. Erbsen regularly represents accounting firms and accountants in matters involving their obligations under federal and state tax laws. Her recent experience includes representing multiple clients who are subject to IRS "tax shelter" examinations, including those upon whom the IRS is seeking to impose tax shelter registration requirements and "promoter" penalties.

Mark E. Matthews is a partner in Morgan Lewis's Litigation and Tax Practices. Mr. Matthews focuses his practice on criminal tax enforcement, broad-based civil tax compliance, the Foreign Corrupt Practices Act (FCPA), white collar matters, and anti-money laundering matters. He also advises clients on the IRS voluntary disclosure program, with particular focus on disclosure related to offshore banking accounts.
Prior to joining Morgan Lewis, Mr. Matthews held several high-level government positions. Most recently, Mr. Matthews served as IRS Deputy Commissioner from October 2003 through December 2006, overseeing a period of unprecedented growth in enforcement activity. He was responsible for the IRS's four civil operating divisions, the Criminal Investigation Division, and the Office of Professional Responsibility, which regulates tax practitioner ethics.

Mr. Matthews was previously global co-head of anti-money laundering at Deutsche Bank, where he oversaw implementation of the Patriot Act, and, prior to that, was chief of the IRS Criminal Investigation Division, the agency's investigative and law enforcement arm, renowned for its expertise in investigating financial crime, including tax, money laundering, narcotics, and terrorism-related matters.

Fred F. Murray is Executive Director of Tax Practice Policy and Quality Grant Thornton LLP, U.S. member of Grant Thornton International and Chair of the Administrative Practice Committee and the Competent Authority and Tax Treaties Subcommittee of the US Activities of Foreigners and Tax Treaties Committee of the ABA Tax Section. His experience includes public law and accounting practice, government service as Deputy Assistant Attorney General in the Tax Division at the Department of Justice and as Special Counsel at the Internal Revenue Service, as well as service as Vice President for Tax Policy at the National Foreign Trade Council and General Counsel and Director of Tax Affairs at the Tax Executives Institute. Mr. Murray serves as an adjunct member of the faculty at Georgetown University Law Center where he teaches courses on international taxation and accounting for income taxes, Sarbanes Oxley Act of 2002, and other issues for corporate tax advisors. He also lectures at the New York University School of Law. Previously,

Alan Winston Granwell (moderator) is an international tax partner resident in DLA Piper's Washington, DC office. Mr. Granwell’s practice encompasses representing multinational corporations on cross-border planning, to include acquisitions, dispositions and business restructurings, IP migrations, services arrangements, repatriation planning, international insurance, international transportation, cross-border leasing, transfer pricing and the use of bilateral tax treaties. He also advises high-net-worth individuals on cross-border tax planning and structuring.

Recently, Mr. Granwell has become active in advising investors from emerging countries engaged in cross-border transactions involving the United States and Europe and in advising financial institutions and their clients on international tax enforcement initiatives. He conducts an active administrative practice, regularly representing clients before the Internal Revenue Service and the US Treasury Department (including negotiating advance pricing agreements, conducting competent authority proceedings, advising taxpayers on voluntary disclosures, assisting clients in obtaining regulatory changes and tax rulings and advising clients on tax legislation matters).