Confidentiality

Representing Tax Whistleblowers for over 10 years

The tax whistleblower attorneys at K&M are committed to protecting your identity from disclosure. Any information you provide to us is protected by attorney-client privilege and cannot be disclosed to anyone outside our firm without your approval.

Protecting your Privacy

The IRS is also committed to protecting your identity under the Tax Whistleblower Program. If you decide to proceed with your tax whistleblower claim after our free case evaluation, the IRS will keep any information you provide confidential. Unlike some other whistleblower statutes, such as the qui tam provisions of the False Claims Act, the IRS Whistleblower Program does not require the filing of a civil lawsuit. Therefore, there is nothing filed with the court that must be protected from disclosure.

IRS Notice 2008-4 states that the IRS will protect the identity of a claimant to the fullest extent under law. In the rare circumstances where the IRS must reveal the identity of an informant, they will make every effort to let the whistleblower know before proceeding. The Whistleblower Office has also stated that it will strongly consider dismissing any case in which the informant’s identity will be disclosed.

Exceptions to Confidentiality Rules

There are certain circumstances which may require your identity to be disclosed:

• You are called as a witness in a civil or criminal tax fraud case where you are a whistleblower
• If detailed information you provide is used in a search warrant affidavit that is later disclosed to the taxpayer, your identity may be discernible based upon the information provided in the affidavit

Our tax whistleblower attorneys will analyze these disclosure risks based on the nature of the case, the evidence in your possession, and our discussions with IRS personnel. If we believe there is a strong likelihood that your identity will not remain confidential, we will advise you accordingly before moving forward with your claim. In some instances, there may be additional steps that we can take to lessen the likelihood of your identity being disclosed.

Questions to Ask your Tax Whistleblower Attorney

Due to the serious whistleblower risks you face if your confidentiality is compromised, it is crucial that you discuss these risks with your attorney before deciding whether to proceed with your tax whistleblower claim.

A skilled tax whistleblower attorney should be able to protect your identity under most circumstances, and if the specifics of your case do not allow for confidentiality, your attorney should always let you know before proceeding. Be sure to ask your attorney the following questions at your initial case evaluation to ensure that your rights and privacy are protected:

• What tax whistleblower protection steps will you take to ensure my confidentiality?
• What tax whistleblower protection steps will the IRS take to ensure my confidentiality?
• Will the taxpayer ever discover my identity?
• Under what circumstances will it be impossible to protect my identity?

K&M attorneys can answer any questions you have regarding confidentiality under the Tax Whistleblower Program. Our firm is committed to  protecting the identity of whistleblowers from public disclosure.

If you have knowledge of tax fraud or tax underpayment totaling $2 million or more, please contact our tax whistleblower attorneys today. Kenney & McCafferty will consult with you about your case without obligation. All communications with Kenney & McCafferty attorneys  are confidential and protected by attorney-client privilege.