Tax Fraud and Evasion Defense Lawyers
Under 26 U.S.C. § 7201, Tax Evasion is punishable by a fine of up to $ 100,000 (individuals) or $ 500,000 (corporations) or imprisonment of up to 5 years or both— for each count.
For the average individual or business owner, receiving anything in the mail from the Internal Revenue Service (IRS) can be enough to raise your pulse. When faced with allegations of intentional tax evasion or other tax violations, many people feel completely helpless to defend themselves.
However, the IRS and federal prosecutors make mistakes just like everyone else. If you are facing charges of tax evasion or another form of tax fraud, it is critical that you fight back with a strong defense. If you fail to do so, not only can you end up paying more than you owe, but you can also face serious prison time and other life-changing consequences. At the Oberheiden & McMurrey, LLP, we help clients fight tax violation charges nationwide. If you need legal representation, you can trust us to do everything in our power to clear your name.
Tax Violations Explained
While unintentional tax mistakes can result in civil penalties, intentional tax violations may result in serious criminal charges. Some of the most common tax violations are:
- Failing to report foreign assets
- Failing to file a tax return
- Filing a false tax return
- Filing false supporting documents
- Tax evasion (failure to pay taxes that are owed)
If you are wondering why the IRS pursues tax violators so persistently, the reason is that criminal tax evasion costs the United States government hundreds of millions of dollars every year. By pursuing criminal charges against possible violators, the IRS hopes to make people think twice about committing intentional violations. Unfortunately, the government often misses the mark when attempting to assign criminal culpability.
Defending Tax Violation Charges
In order to obtain a conviction for tax evasion or any of the other tax violations listed above, the government must be able to prove that you intentionally underpaid your taxes, chose not to file a tax return, or intentionally filed falsified documents. Absent the element of intent, you cannot be found criminally liable (note, however, that you may still face civil penalties for filing an incorrect return). If you make an honest mistake, you do not deserve to face the possibility of spending time in prison.
Some signs IRS investigators will look for in deciding whether to charge a business or individual with tax fraud or criminal tax violations include:
- Absence of records to substantiate tax returns
- Concealment of assets
- Dealing in large amounts of cash
- Engaging in money laundering and other illegal activities
- Failure to file tax returns
- Failure to make estimated tax payments
- Refusal to cooperate with IRS auditors or investigators
- Understating income
When defending a client against allegations of criminal tax violations, we seek to cast doubt on the government’s case. While the IRS investigators and the federal prosecutor may believe that they have a strong case against you, the facts may allow us to call into question the veracity of their claims.
When you hire us to defend against your alleged tax violations, we will work to build a compelling story that may convince the prosecutor to drop the charges against you. If the prosecutor will not give in, we will fight vigorously to have your charges dismissed at trial.
The tax fraud & evasion attorneys at Oberheiden & McMurrey, LLP also represent clients charged with attempting to fraudulently obtain tax refunds. You may be charged with tax fraud if you are suspected of using another person’s identity in order to file a tax return in their name and obtain a refund payment, or if you divert a tax refund from the individual or business to which it is rightfully owed. These forms of tax fraud may also be charged as identity theft.
Penalties for Tax Violation Crimes
While the punishment for tax violations is severe – up to $500,000 in fines and five years in prison, plus back taxes and interest – they become even more severe in cases involving identify theft. In these cases, violators can face up to 15 years behind bars under the Theft and Assumption Deterrence Act each count of identity theft.
Discuss Your Tax Violation Issue with an Experienced Defense Lawyer
If you have been accused of a tax violation, tax fraud, conspiracy to commit tax fraud, or aiding and abetting a tax fraud scheme, or any other criminal charge, then you need experienced legal representation. Calling the tax fraud defense attorneys at Oberheiden & McMurrey, LLP can change your life. To find out what we can do to help, call our offices at (888) 727-0472 or request a free case evaluation with one of our experienced defense lawyers today.