Skip to comments.Investigate Employer Who Filed 37,375 Bad W-2s in One Year
Posted on 04/24/2013 6:29:09 AM PDT by Kaslin
I have a challenge for members of Congress now vowing that the federal government will enforce the immigration laws in the future if we just let them take the illegal aliens in the United States today and put them on a "pathway to citizenship."
It is this: Investigate the employer who -- according to the Office of the Inspector General of the Social Security Administration (SSA) -- filed 37,375 inaccurate W-2s in tax year 2005. In fact, investigate all employers who have similarly filed massive numbers of bad W-2s.
Forget the employers who filed 100, 200 or even 500 bad W-2s per year. Give them a pass -- for now. Focus only on those that filed thousands.
Make them sit publicly in congressional hearings and explain how and why they filed so many bad documents with the IRS. Make them as famous as they deserve to be.
When you are done with that, bring in any administration official who wants to defend these employers -- or the workers who provided these employers with false Social Security Numbers when they took the jobs for which the bad W-2s were filed.
The truth: Our government is willfully refusing to enforce the immigration laws not only at the border but also in the workplace.
Congress can play one of two roles here: It can expose the executive's intentional non-enforcement of the law or be a co-conspirator in that non-enforcement.
If Congress chooses the latter, why should any American believe that it and the administration will join together after they enact an illegal-alien amnesty and enforce laws they refuse to enforce now?
As I reported before in this column, the SSA inspector general on Dec. 15, 2008, published an analysis of "no-match" W-2s. These are W-2s on which the name and the Social Security Number do not match and SSA cannot readily determine the true identity of the worker for whom it was filed. SSA dumps these into what it calls the "Earnings Suspense File" (ESF).
In this 2008 report, the inspector general looked at the W-2s SSA dropped into the ESF for tax year 2005.
He discovered that 10.1 million no-match W-2s were filed that year, and 871,000 employers filed at least one. But an elite group -- 1,650 employers -- filed 500 or more. "These employers had reported no-matches that ranged from 501 to 37,375," said the IG, "and about 44 percent of the employers had reported ... 1,000 or more no-matches to SSA."
So, who was the employer that filed 37,375? In the IG's report, this employer is anonymous.
But it is not anomalous. On March 7, 2005, the Government Accountability Office released an audit report on the no-match W-2s filed from 1985 to 2000.
"We found that employers with a high number of reports in the ESF had a consistent pattern of misidentifying their workers on their annual earnings reports to SSA," said GAO. "For example, one employer averaged about 13,300 reports placed in the ESF per year over the period we analyzed, ranging from a low of 5,971 to a high of 33,448."
On Oct. 26, 2004, the SSA IG published a report on the Top 100 employers who filed the most no-match W-2s from 1997 to 2001. The IG discovered unmistakable patterns.
"Forty-three of the Top 100 employers were in the service industry, 32 were in the restaurant industry, and 20 employers were in the agriculture industry," said the IG. "Four of the remaining employers were in the hotel/retail industry, and one was a State agency. Yes, a "State agency" was one of the Top 100 filers of no-match W-2s with SSA. Which state? Again, it is anonymous.
But the IG did say employers with bad W-2s concentrate in certain states. "We found that 54 of the 100 employers had registered addresses in three states - California, Texas and Illinois," said the IG.
An Illinois company filed the most no-match W-2s -- 131,991 -- over the five years, but a Florida company had the highest percentage.
"In the case of the employer with the worst accuracy, SSA suspended 89 percent of the TY 2001 wage items submitted by an agricultural employer located in Florida," said the inspector general. "This represented 6,709 of the 7,497 wage items submitted by this employer."
For more than a decade, the federal government has suspected that employers who file large numbers of no-match W-2s may be knowingly hiring illegal aliens.
"SSA suspects that employers in certain high turnover industries (bars and restaurants, services, and agriculture) compound the problem because they may knowingly hire illegal aliens with fraudulent identification and are able to do so because there are no penalties imposed for their actions," said an SSA IG report published on Feb. 7, 2000. "Consequently, those employers who knowingly accept fraudulent documentation are free to conduct business as usual without regard to the disruption and harm caused to SSA's customers and to unknowing individuals whose identities are falsely used."
During President Bush's second term, the Department of Homeland Security proposed a regulation to require employers who received letters from SSA indicating they had no-match W-2s to double-check their records and clarify their accuracy with their workers if they did not want those no-match W-2s to be considered evidence of knowingly hiring unauthorized workers. The AFL-CIO and others sued over the proposal, a judge issued a preliminary injunction against it, and the Obama administration dropped it.
This week, I asked Immigration and Customs Enforcement whether any immigration enforcement had ever been taken against the still-anonymous employer who filed 37,375 no-match W-2s in 2005.
"The Worksite Enforcement Unit would have no way of knowing which company filed the W-2's, if a 'No-Match' letter was generated or if the unnamed company responded properly to a 'No-Match,'" said ICE spokesman Brandon Montgomery. "ICE HIS (Homeland Security Investigations) receives no official communication from either IRS or the Social Security Administration in regards to Employer Correction Request Letters (No Match Letters)."
The thing was so bad it attracted lawsuits like a barmagnet in a sandpile picking up iron particles!~
Finally, in the last year of the problem period the Postmaster General ~ presumably ~ and the Director of IRS conspired together to let USPS just print up W2s willy nilly without actually computing annual income to be taxed.
The next year they were down to about 15 people whose pay records hadn't been fixed. The deal was still in place with IRS, but, BTW, IRS is not allowed by law to make deals with employers like that.
They gave me another wrong W-2. Using the accrual method on state income tax that meant I couldn't HONESTLY file that year so I sent a letter to the Department of Treasury asking that the law then on the books be invoked and that my employer, the Postmaster General be arrested and held until he could provide me with a true and faithful copy of my W2.
I got that document the day the letter hit the Secretary's desk!
A chance like that only comes along once in a lifetime.
>>So, who was the employer that filed 37,375?
>>In the IG’s report, this employer is anonymous.
My guess would be that it’s some tentacle of Government.
Bad W2 generally indicates someone covering for the Tony Sopranos of the world.
Dayton Daily News (Apr 24, 2013)....
Feds seize home in illegal worker probe...
Half-million home bought by owner of Dayton roofing company seized by federal prosecutor The federal government is seizing bank accounts worth nearly $2 million and a half-million dollar home from the owner of a longtime Dayton roofing company accused by federal officials of using illegal workers, falsifying documents and money laundering.
According to allegations in a federal civil lawsuit, Williams Brothers Roofing and Siding Co., Inc. and its owner Greg Oldiges are accused of transporting and using illegal immigrants to generate millions of dollars of profits and money laundering. The suit was filed April 15 in Daytons Southern Ohio District Court. No criminal charges have been filed.
The criminal investigation is ongoing and involves officers, employees and other individuals associated with Williams Brothers. United States Attorney Pamela Stanek said any civil forfeiture is based on criminal violations, but that investigation could take several weeks. She added that civil forfeitures often come before criminal indictments in these type of cases..................................
The answer is simple, NO MATCH, NO DEDUCTION.
“The answer is simple, NO MATCH, NO DEDUCTION.”
Oh, now, there ya go, being logical again!
As for Visa overstays and how impossible it is for the government to know it...NONSENSE.
Give me a paper file and a calendar and I could do it by myself. Visa expiration date comes up...Alien hasnt notified me....his face and data go up on the internet with a $100 reward.
The Library does a better job of tracking down my overdue book when I moved! LOL
I recall we discussed this extensively on FR at the time. Outside our community, few seemed to care about this.
If my employee hides meth in his locker at work, am I responsible for not enforcing drug laws?
How about if he files a false income tax return? Is it on me to check his math, verify his receipts, and report my findings to the IRS?
Suppose his spouse shows up with a court order for child support? Do I cut her a check? Do I go to jail if I don’t?
I guess every poster on this thread would answer yes. It’s perfectly okay with you that American employers be prosecuted as criminals for... FAILING TO PERFORM LAW ENFORCEMENT FUNCTIONS.
I would love to hear a constitutional argument explaining how it’s okay to involuntarily deputize, through threat of fines and jail, private citizens to determine someone else’s immigration status. And compel them to act on those conclusions — to be the judge, jury and executioner. Or else... you’re a criminal, too.
I understand that people are upset that the invasion is happening unopposed. But the answer is MAKE GOVERNMENT DO ITS JOB, not delegate their jobs to me... at gunpoint. Close the border. How about some official government interior enforcement for a change?
It’s not on me — or any private citizen — to determine someone’s immigration status.
Maybe look into a few of those homes where the IRS sends dozens of tax refund checks to different people at the same address all claiming dozens of dependents.
So; Unca Sam got some bad numbers.
Did he fail to get any WITHHELD money; too?
You spelled testicle wrong.
Who knows, he might withheld it but put it in his own pocket, especially if he paid them in cash