Key facts
- IRS agent Brian J. Visalli alleges the agency leaked his personal and tax information to federal prosecutors.
- Visalli claims the leak was retaliation for his whistleblower complaints and criticism of IRS leadership.
- The lawsuit states the disclosures resulted in Visalli becoming 'Giglio impaired,' affecting his credibility.
- Visalli is also facing internal charges for allegedly failing to file accurate tax returns.
- The suit seeks damages for alleged violations of the Privacy Act of 1974 and Internal Revenue Code sections.
A veteran Internal Revenue Service agent, Brian J. Visalli, has filed a lawsuit accusing the agency of illegally releasing his confidential tax and personnel information to the Justice Department. Visalli, a special agent with IRS Criminal Investigation, alleges that senior IRS officials made unauthorized disclosures of his protected information in retaliation for his history of whistleblower complaints and criticism of agency leadership.
The lawsuit, filed Friday in US District Court in Chicago, also names the Treasury Department. It comes six months after the IRS moved to fire Visalli, a nearly 25-year veteran, alleging he failed to file accurate tax returns for three years and acted with a "lack of candor." Visalli denies any intent to mislead and remains on restricted duty pending the resolution of internal charges.
According to the complaint, the disclosures to the Department of Justice Tax Division caused Visalli to become "Giglio impaired." This designation means a federal agent has a disciplinary history that prosecutors must disclose to criminal defendants, as it could be used to challenge their credibility. Visalli's attorney, Seth Matus, stated that the disclosures have interfered with his client's investigations and damaged his professional standing.
The suit focuses on alleged privacy breaches, seeking damages for violations of the Privacy Act of 1974 and sections of the Internal Revenue Code that prohibit the agency from releasing confidential taxpayer information. Documents summarizing the allegations against Visalli describe personal tax return errors, including a $133 shortfall and the erroneous receipt of a $3,000 Advanced Child Tax Credit, which the IRS deemed "egregious."