Richard K. and Marilyn J. Phillips - Page 7




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               CID assigned a special agent to the investigation on April             
          24, 1984, and by June 3, 1985, the agent had deposed over 60                
          partners of various Hoyt-managed partnerships.5                             
               On April 21, 1986, CID recommended that Mr. Hoyt be                    
          prosecuted under section 7206(2) for aiding and assisting in the            
          preparation of false and fraudulent individual income tax returns           
          for 12 individuals and referred the matter to the Sacramento IRS            
          District Counsel.  On July 31, 1986, District Counsel referred              
          the matter to the United States Department of Justice (Justice              
          Department) for criminal prosecution.  The Justice Department               
          declined prosecution on August 12, 1987.6                                   
               In addition to the earlier referral, the Examination                   
          Division referred a criminal fraud case involving Mr. Hoyt to CID           
          on July 28, 1989.  The criminal fraud referral was unrelated to             
          the earlier criminal tax investigation for which the Justice                
          Department had already declined criminal prosecution.  CID                  
          accepted the criminal fraud referral and began a fraud                      
          investigation of Mr. Hoyt on October 17, 1989.                              
               On October 13, 1989, the U.S. Attorney's Office asked CID to           
          join an ongoing grand jury investigation of Mr. Hoyt.  CID joined           

          5    In turn, these partners apparently learned of the IRS                  
          criminal tax investigation of Mr. Hoyt because of the depositions           
          requested by the special agent.                                             
          6    From the record, it is clear that the latest that Mr. Hoyt             
          knew that the Justice Department had declined prosecution was on            
          or about Nov. 6, 1987.                                                      





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