When it comes to tax crimes, tax evasion is perhaps the most well-known and most commonly charged offense. In its most basic form, tax evasion consists of either an intentional attempt to evade the assessment of a tax or a willful attempt to evade the payment of a tax.
Long before a tax evasion charge is filed, the IRS and other federal agencies will begin conducting audits of your finances or that of your company’s and will look for any red flags as it relates to unaccounted for deposits, income sources, and fraudulent transfers. In that event that you or your accountant is issued a subpoena, it is crucial that your hire a defense attorney to immediately organize your files, preserve exculpatory materials, conduct an independent audit with a forensic expert, and eventually respond to the request appropriately.
Beyond tax evasion, federal prosecutors may also bring charges related to falsifying or subscribing to false tax returns, failing to file tax returns, and making false or fraudulent statements. These charges are all equally as serious and demand an aggressive defense.
The penalties for tax crimes, whether it be to tax evasion or any of the other offenses found within the tax code or federal handbook, are extremely serious. Often, an individual’s guidelines if convicted will call for years in prison and large monetary fines, restitution, or forfeiture to be paid back to victims, the IRS, or the NYSTDF.
If you are accused of committing a tax crime, it is imperative that you hire a former prosecutor and seasoned criminal defense attorney who has dealt with these offenses on both sides of the courtroom. The steps your defense attorney takes, by way of investigation and creative advocacy, will increase your chances of successfully walking away from these serious accusations and shape the rest of your life.
The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.