Seeking Immediate Counsel from a Federal Defense Lawyer is Imperative
The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.
When it comes to tax crimes, tax evasion is perhaps the most well-known and most commonly charged offense. In its most basic form and pursuant to 26 U.S.C. § 7201, 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 the event that you or your accountant is issued a subpoena, it is crucial that you 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 and one should hire an experienced federal defense attorney to fight against federal tax crime charges.
The penalties for tax crimes, whether it be 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 NYSDTF.
At the federal level, both civil and criminal penalties apply for tax evasion, including fines up to $100,000 ($500,000 in the case of a corporation) and up to five years in federal prison. In addition, the Internal Revenue Service (IRS) can add monetary penalties to the tax bill, place a lien on real property, or implement a tax levy and seize income, financial accounts, and property.
Tax fraud and tax evasion are incredibly serious charges on both a federal and state level. If being investigated or being prosecuted pursuant to these statutes, it is critical that your federal defense lawyer quickly gather and organize any and all bookkeeping and accounting records generated on your behalf over the last several years.
In some instances, it will be imperative that your accountant be added to the defense team pursuant to United States v. Kovel, 296 F.2d 918 (2d Cir. 1961). This will allow your lawyer to work hand in hand in a privileged and confidential manner with your accountant in an effort to put forth a sound and plausible defense. On the other hand, to the extent applicable, it may be just as strategic for your lawyer to argue that an individual or company relied upon their accountant for certain deductions and expenses which in turn become the foundation of the instant criminal prosecution.
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. Contact The Law Offices of Jason Goldman today.
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