Playing the Odds

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In the old days, the mob and similar outfits ran the numbers racket in most of your larger American cities. The numbers racket was simple: you pick a three-digit number, give the guy your money, and, if your number comes up, you get a payoff about 600 times as big as the bet. As the overall payout was around 60%, the mob was sure to get a very respectable return on their end.

I think it was in the ’60s that the government started muscling in. Now it’s called the lottery, but it’s the same racket, except the odds were better when it was the mob running it because they did not feel it was incumbent upon them to withhold income tax.

Oh yeah, and now it’s legal. There is a new game now.

Here’s how it works. You pick a federal law. Any law will do. Then you violate that law. That’s right: you break it. Next, you wait to see whether the government decides that the violation entitles you to a cash payout. If so, you go to the government and provide proof that you violated the law. Then you just fill out the usual numerous forms and, eventually, the government hands you the cash.

A guy I know who likes to crack wise calls it “statutory roulette.” The odds that you will choose the right law to break aren’t particularly good, but it could happen.

Here’s an example.

Let us say it is 2009 and Victor, a guy in Juarez, Mexico, chooses to violate US immigration law by sneaking across the border to Texas. So he sneaks. He finds work, gets married, and, in the fullness of time, has a few kids. He files income taxes, but not with a Social Security Number (SSN), because, as he is what is sometimes called an “illegal alien,” he can’t have one. Instead, he has to use an Individual Taxpayer Identification Number (ITIN). All this time, he stays in Texas. His children, having been born in the US, are automatically US citizens, which is only right. Victor keeps his nose relatively clean. He is not convicted of any felonies or even serious misdemeanors. Things are going pretty good for Victor.

Now it’s called the lottery, but it’s the same racket, except the odds were better when it was the mob running it.

So, as of November 14, 2014, Victor is still “unlawfully present” in the United States when, out of the blue, President Barack Obama approves an executive action that changes everything. The action is called Deferred Action for Parental Accountability (DAPA). And, just like that, Victor is eligible for a three-year deferral of deportation, a work permit, and an SSN.

It is hard to believe, I know, but you can look it up right here.

Here’s the good part. With the SSN, Victor can now refile his taxes for the past three years. And since he has that SSN, he is also retroactively eligible for the Earned Income Tax Credit (EITC). The EITC is a cash grant given to working people with kids. It is available only for people who are not in one of your higher income brackets. Which Victor is definitely not.

So. It seems that Victor is now eligible for a cash payment from the feds of somewhere around six to nine thousand American dollars.

At a Finance Committee hearing, Senator Chuck Grassley of Iowa asked John Koskinen, the IRS Commissioner, whether this EITC thing for people who are in the country illegally is on the level. The IRS guy gave a long-winded answer that somewhat conspicuously did not include the word “no.” The exchange was on the TV. You can watch it here.

Just make sure you keep all the evidence that proves you actually did the crime, or the feds won’t pay up.

The senator couldn’t believe what he was hearing, so he said he wanted an answer in writing. The letter the IRS guy sent the senator is here.

Get the picture? That’s right, straight from the horse’s mouth: Victor is entitled to the dough.

Victor entered the country illegally. He lived in the country illegally. I mean, it wasn’t even legal for him to work here. And now, the federal government is going to give him a many-grand payoff for the time when he was “unlawfully present.” What can I say, Victor? Your number came up.

It is widely known that a reliable way to increase your chance of winning when you play the numbers or the lottery is to bet on more than one number. The more numbers you bet on, the better the odds are that one of your numbers will come up. In much the same way, it stands to reason that to improve your chances of winning in “statutory roulette,” it would be highly advisable for you to violate lots and lots of federal laws. The more of them you break, the better the odds that you’ll break one that ultimately entitles you to a wad of c-notes. Just make sure you keep all the evidence that proves you actually did the crime, or the feds won’t pay up.

Which is only fair.

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