Patrick Carlin Hickey, et al. - Page 18

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          United States v. Powell, 835 F.2d 1095, 1098 (5th Cir. 1988).               
          While they argue that Cox had the requisite firm indication of              
          fraud by virtue of the fact that he entered in the history sheet            
          that “I believe TP has submitted a fraudulent financial statement           
          with regards to vehicles, Income and possibly Real Property”, we            
          do not believe that this entry establishes that Cox had a firm              
          indication of fraud as to petitioner within the meaning of IRM              
          section 4565.21(1).  We read that entry in the context of the               
          record as a whole as expressing Cox’s then serious suspicion that           
          petitioner had engaged in an act that could be fraudulent but               
          which had to be explored further to determine whether it was in             
          fact fraudulent.  Such a general suspicion of fraud is not a firm           
          indication of fraud for purposes of IRM section 4565.21(1).  See            
          United States v. Peters, supra at 455-456 (firm indication of               
          fraud in the context of IRM section 4565.21(1) is different from            
          an initial indication of fraud and is more than a mere suspicion            
          of fraud); cf. United States v. McKee, supra at 543; United                 
          States v. Caldwell, 820 F.2d 1395, 1402-1403 (5th Cir. 1987).               
               Our reading of that entry is supported by Cox’s credible               
          testimony that he did not at the time of the entry believe he had           
          the requisite firm indication of fraud to refer the matter to               
          CID.  Our reading is also supported by our finding that Cox did             
          not know when he made the entry whether petitioner’s omission of            
          the house and vehicles from his financial statements was proper.            






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