Tax fraud cases are unique in that they involve an overlap between criminal prosecutors and the Internal Revenue Service (IRS) or the New York State Department of Taxation and Finance (NYSDTF). If you have been accused of a tax crime, you need a federal fraud attorney who has dealt with these specific investigations and understands how to work with all parties involved in the pursuit of a positive outcome.
These investigations, whether initiated by the IRS, the NYSDTF, or DOJ, will usually focus on violations found within Title 26 of the United States Code (26 U.S.C.). This may include inquiries focusing on tax evasion, failure to pay taxes, failure to file tax returns, subscribing to or falsifying tax returns, and making false or fraudulent statements.
Whether you are charged individually with a tax crime, or your accounting business as a whole is under investigation, it is essential that you consult with a competent criminal defense attorney before taking any action.
Having the proper criminal defense attorney during a tax-based investigation will protect your rights and provide you with experienced guidance when facing these allegations on either the state or federal level.
When faced specifically with tax evasion allegations, the government will set out to prove that payment evasion was intent, deliberate, and willful. Notably, however, the government will also search for evidence supporting a defendant’s consciousness of guilt and find ways to counter defenses geared towards mistake or ignorance. It is imperative that your criminal defense attorney, at this stage, conduct a counter-investigation which entails an independent audit conducted by a forensic expert. Retaining an defense attorney who maintains a professional relationship with a vast network of tax professionals and forensic accountants is critical.
If you are being investigated for tax crimes by the IRS, NYSDTF, or DOJ, do not hesitate to reach out to a seasoned criminal defense attorney.
The way in which this process is handled is crucial to your protection, and if defended correctly, can shield you from future criminal exposure. Missteps at an early stage will undoubtedly lead to a criminal prosecution based in part on incriminating information obtained during these investigations; as such, potential federal penalties may be unavoidable if you are not represented by an effective criminal defense attorney.
It is imperative, therefore, that you hire a criminal defense attorney to assure that the investigation is narrowed, and the responses made are appropriate and exculpatory. It is also crucial that your defense attorney, without hesitation, begins a counter-investigation by identifying witnesses, locating corroborative evidence, and issuing subpoenas. Do not be naive or misguided during this process. Just because there may not be a threat of an imminent arrest, an investigation by federal agents or the IRS can have devastating long-term effects.
The sooner you put your matter in the hands of an experienced criminal defense lawyer that works in Manhattan, Brooklyn, Bronx, Queens, and Staten Island, the more opportunity you will have to work toward a favorable outcome.