Criminal Tax Issues
Tax-related criminal allegations can have life-changing consequences. If you are under investigation or believe the IRS is reviewing your financial activity, it is critical to speak with a tax attorney immediately. Our firm defends individuals and businesses facing criminal tax exposure, including allegations of tax fraud, tax evasion, unreported income, offshore account violations, and more.
We step in quickly to protect your rights, manage communication with investigators, and develop a strategy to reduce or eliminate criminal liability.
Tax Fraud vs. Tax Evasion
Tax fraud and tax evasion are often misunderstood. While both involve violations of tax law, fraud typically requires a higher level of intentional misconduct.
Tax Evasion
Involves attempting to avoid paying taxes, such as:
- Underreporting income
- Improperly claiming deductions
- Failing to file a return
Tax evasion can result in significant civil penalties and, in some cases, criminal charges.
Tax Fraud
Fraud involves deliberate, intentional acts to deceive the government, such as:
- Using false Social Security numbers or identities
- Hiding assets or financial accounts
- Keeping two sets of books
- Claiming dependents or expenses that do not exist
Criminal tax fraud carries penalties including fines, restitution, and up to five years in federal prison.
If an IRS auditor suspects fraud, your case may be referred to the IRS Criminal Investigation Division (CID). Early legal intervention is essential.
IRS Criminal Investigations (CID)
The IRS Criminal Investigation Division is the agency responsible for investigating potential criminal tax violations. Unlike civil audits, CID investigations typically begin without any prior notice. You may learn you are under investigation when:
- Special Agents appear at your home or business
- You receive a summons requesting an interview
- A third party is contacted for information about you
CID agents are trained federal investigators with broad authority and a high conviction rate. If contacted:
Do not speak with CID agents without an attorney present. Anything you say can be used to build a criminal case. We communicate with CID on your behalf, limit exposure, and work to resolve the matter before charges are filed.
Common Criminal Tax Allegations We Defend
Our firm represents clients facing allegations such as:
- Filing false tax returns
- Underreporting income
- Failure to file returns
- Employment tax fraud
- Offshore/foreign account reporting violations
- Structuring or concealment of assets
- Tax preparer misconduct
- Payroll tax and trust fund violations
- Failure to report cash transactions
- Misuse of business entities to hide income
Whether the issue arises from a mistake, an oversight, or an intentional action, we help protect your rights and build a strong defense.
Why You Should Contact an Attorney Immediately
The IRS can misinterpret repeated errors, incomplete documentation, or inconsistent filings as intentional wrongdoing. Early legal representation can:
- Prevent a civil audit from escalating into a criminal case
- Clarify misunderstandings before charges are filed
- Protect you from making statements that harm your case
- Ensure your rights are upheld throughout the investigation
Speaking to a CPA or financial advisor before consulting an attorney may put you at risk. They can be subpoenaed to testify. Conversations with your attorney, however, are protected by the attorney-client privilege.
Offshore Accounts & Foreign Reporting (FBAR/International Tax Issues)
The IRS aggressively pursues unreported foreign financial accounts and international income. You may be required to file:
- FBAR (Foreign Bank Account Report)
- FATCA-related disclosures
- Other international tax forms, depending on the assets
Failure to report foreign accounts can lead to:
- Large civil penalties
- Criminal charges
- Asset seizure
- Prosecution for tax fraud or international tax evasion
If you have unreported foreign accounts, a voluntary disclosure—completed correctly—may help avoid criminal prosecution. We guide clients through modern voluntary compliance programs (not outdated OVDP versions) to minimize legal exposure.
Avoiding Obstruction of Justice
Destroying, altering, or hiding financial documents during an IRS investigation can result in separate criminal charges, even if the underlying tax issue is resolved.
We counsel clients on:
- What documents to provide
- What not to provide
- How to avoid self-incrimination
- How to comply without increasing risk
Proper guidance is crucial during this stage of an investigation.
Tax Audits & Criminal Exposure
A routine audit can escalate if the IRS suspects intentional wrongdoing. Warning signs include:
- Requests for interviews
- Repeated inquiries about specific transactions
- Third-party contact
- Referral to CID
We help clients organize records, respond strategically, and protect their rights during the audit process
Tax Appeals & Post-Audit Representation
If the IRS issues an unfavorable decision, many determinations can be appealed. We represent taxpayers in:
- Audit Reconsideration
- Appeals Conferences
- Tax Court petitions
Appeals can often resolve disputes without litigation or criminal escalation.
Defense for Tax Preparers & Financial Professionals
Tax professionals are subject to strict standards under Circular 230 and federal tax law. We represent CPAs, enrolled agents, and preparers facing:
- Penalty assessments
- Accuracy-related violations
- Investigations related to client returns
- Fiduciary responsibility disputes
- Misconduct or ethical claims
We help protect professional licenses, reputations, and businesses.
International Tax Gap & Offshore Issues
With increasing IRS access to international banking data, undisclosed foreign income or accounts can quickly trigger investigations. We assist with:
- Voluntary disclosures
- Late FBAR filings
- International audits
- Minimizing criminal exposure
- Appeals and penalty negotiations
Coming forward voluntarily with legal counsel is often key to avoiding prosecution.
Our Approach to Criminal Tax Defense
We focus on:
- Early intervention
- Shielding you from direct IRS contact
- Strategic communication with investigators
- Reducing charges or preventing prosecution
- Minimizing penalties and collateral consequences
Every case is unique. We analyze the facts, identify risks, and develop a plan to protect your future.
Speak With a Criminal Tax Attorney Today
If you believe you are under investigation or have been contacted by the IRS, do not delay.
Contact our firm for a confidential consultation. Your privacy is protected under the attorney-client privilege, and early action can significantly change the outcome of your case.
