Federal Tax Crimes Defense
Ventura Tax Fraud Attorney
Before a tax fraud or other tax crime case ends up on the desk of an assistant U.S. attorney at the U.S. Department of Justice, many things happened. Confessing to an alleged tax crime need not be one of them. You need a passionate criminal tax attorney representing you at every step. Ventura criminal tax attorney Ryan J. Casson can help you fight back and defend against federal tax crimes cases involving:
Federal tax fraud
Federal tax evasion
Federal tax conspiracy charges
Failure to file a federal tax return
Federal tax fraud/evasion voluntary disclosure
IRS international tax voluntary disclosure
FBAR (Foreign Bank Account Reporting)
Administrative summonses
Grand jury subpoenas
Motions to suppress
Entrapment
Tax crimes in bankruptcy
Cryptocurrency
Statutes of limitations
Pleas
How an IRS Audit Becomes Criminal
Civil IRS Examination
Most cases begin as a civil audit. If the IRS agent identifies “badges of fraud,” the agent limits further questioning and evaluates the matter for criminal referral. It is very wise to hire a criminal tax attorney from the get-go. You may be unaware that the IRS civil tax auditor suspects fraudulent conduct.Referral to IRS Criminal Investigation (CI)
The case is referred to IRS CI, an internal IRS unit, which determines whether there is evidence of willful conduct and prosecutorial merit. The civil audit will often be suspended. Unbeknownst to you, a trained IRS civil tax fraud agent or CID Special Agents may lure you into cooperating and you will end up helping them build their alleged tax fraud case against you. While you cannot lie, there is no need to make premature damaging admissions.Criminal Investigation by CI
CI agents conduct a law-enforcement investigation, including subpoenas, financial analysis, and third-party interviews, to develop evidence of intent. They may come to your door and ask to “talk” to you. If you haven’t already hired a Ventura County tax attorney, you need to decline the interview, refrain from talking to them, and tell them you will have your tax lawyer contact them. You will not talk to the IRS without your attorney present!Referral to the Department of Justice
If CI recommends charges, the case is referred to the U.S. Department of Justice, Tax Division, which reviews and authorizes prosecution.Prosecution by the U.S. Attorney’s Office
Once authorized, the U.S. Attorney’s Office handles indictment, plea negotiations, or trial and sentencing.
Badges of Tax Fraud
The following are a few examples of what IRS civil auditors and agents and CID Special Agents look for as indicia of fraudulent tax activity:
Failure to maintain adequate records
Destroying records
Concealment of assets, sources of assets, or income
Understating income
Failure to file tax returns
Implausible excuses provided to IRS examiners
Intentional underreporting of income or overstatement of deductions
Failure to make estimated tax payments
Claiming credits for which you know you do not qualify
Insufficient disclosure of a position on a tax return that would “more likely than not” be disallowed if discovered
Using an S corporation bank account as the owner’s personal “piggy bank” without proper accounting and reporting (could be viewed as an attempt to disguise personal income)
Suspicious treatment of income (an S corporation owner reporting little to no income, for example), expenses, failure to make estimated tax payments, and any fact pattern the IRS agent thinks is suspicious can result in the IRS agent requesting a meeting with an IRS tax fraud agent, a CID referral, or, worst, a referral to the U.S. Attorney’s Office for federal tax fraud charges.
Potential Penalties if Convicted of Federal Tax Fraud
Criminal fines that can reach hundreds of thousands of dollars, plus prosecution costs
Restitution to the IRS, often including tax, penalties, and interest
Prison sentences, resulting in permanent felony criminal records and loss of certain civil and professional rights
Asset forfeiture or seizure of funds and assets tied to the alleged tax offense
Collateral consequences, including but not limited to professional licenses, business relationships, and reputation
Why You Need a Criminal Tax Fraud Attorney
Whether you are facing an IRS tax audit or you have received a federal grand jury subpoena, retaining a criminal tax attorney is crucial. From the earliest stages of the audit, your tax attorney can communicate on your behalf with the IRS. If the IRS mails correspondence informing you of an intent to refer the alleged case to the U.S. Attorney’s Office to prosecute you, your attorney can request a meeting in person with the IRS in Washington D.C. and the assistant U.S. attorney assigned to the case and attempt to negotiate a resolution, before charges are brought. And even if charges are brought, your federal tax crimes defense attorney can work to limit your criminal exposure and negotiate a potential plea (the IRS has a very, very high convictions rate). When engaged early in an IRS civil audit or investigation, a criminal tax lawyer can advise you on when and how to communicate with IRS agents and CID Special Agents, and when to invoke your constitutional rights such as the right to remain silent (the Fifth Amendment right not to incriminate yourself) and protect your rights against unreasonable searches and seizures (i.e., demanding a warrant or challenging a warrantless or other unjustified search or seizure via a motion to suppress). Remember: the burden is on the government to prove beyond a reasonable doubt that your alleged actions were intentional. If your criminal tax counsel can prove that there is no tax due, that you were not responsible for the tax due, did not have a filing duty, that the requisite criminal intent is lacking, or that convicting you under an alleged fact pattern is improbable, preventing or ending a referral to CID or the U.S. Attorney’s Office may be possible. Sometimes, a plea to a misdemeanor in exchange for a quick closure to an investigation or dismissal of charges can allow you to retain a professional license, and that might be your overarching goal. Hiring a tax attorney who understands both tax law and criminal tax law and procedure can force the government to put on their proofs and can minimize the risk of a felony criminal conviction.
If You Are Being Audited or You Have Been Charged with a Federal Tax Crime
Contact me for a consult. Do not communicate with any IRS employee or anyone who contacts you about your tax matter, without your criminal tax attorney present. It is possible that your colleagues, coworkers, employees, and even friends and family may be working against you as witnesses. Do not talk to them about your tax matter.
Do not call your CPA or non-attorney tax preparer. Why not, you ask? Because your correspondence and what you communicate to a non-attorney is not covered by the attorney-client privilege. Unless the CPA is a Kovel CPA the content of your communications with the CPA will not be privileged. A Kovel CPA is a CPA retained by your tax attorney for the purpose of the attorney providing legal advice — that CPA is an agent of your attorney’s team and the likelihood of the attorney-client privilege protecting their work and ensuring that their work does not end up in the hands of the IRS or a federal prosecutor is very high.