Tax Fraud Lawyers Defending U.S. Criminal Tax Matters
While every tax controversy demands the attention of experienced legal counsel, criminal tax charges are on an entirely different level. Aside from the potential financial penalties, criminal tax matters could lead to fines, probation and even incarceration. If you have been contacted by an IRS special agent, the U.S. Attorney’s Office or the Department of Justice Tax Division, you need to immediately align yourself with strategic, dynamic legal counsel.
At Goldburd McCone LLP, our lawyers vigorously defend taxpayers against the full range of tax controversies, including criminal tax matters. While based in Manhattan, we defend clients across New York, as well as nationally and internationally.
We will leverage our experience and skill to challenge any type of criminal allegation, including:
- Tax evasion
- Tax fraud
- Tax obstruction
- Filing falsified returns
- Failing to file a return
- Money laundering
- Spousal protection
- Household help issues
- Payments received “off the books”
- Check kiting
- Reporting fictitious expenses
- Tax shelter abuses
- The misappropriation of sales tax and employment tax trust funds
- Unreported income
- Employee misclassification
- White collar criminal defense
- Structuring large financial transactions to skirt federal reporting requirements, also known as smurfing
As soon as we are retained, we begin developing the strongest possible defense to these allegations. We will carefully analyze the facts, identifying any weaknesses in the government’s case. By doing so, we may be able to prevent the federal government from bringing an indictment. The earlier we are engaged in your defense, the more options you are likely to have.
Even if the government brings an indictment, we will work tirelessly, identifying all evidence that could lead to the mitigation or dismissal of the charges. Whether we resolve your case through negotiations or litigation, we will do our utmost to protect your rights and preserve your freedoms.
Contact Goldburd McCone LLP
Call 212-302-9400 or toll-free at 844-653-2873, or complete our online contact form to schedule your case evaluation today.
Frequently Asked Questions
When does the IRS pursue criminal charges for tax issues?
The IRS files criminal charges only when they find deliberate fraud or evasion, not for errors or financial hardship, with their Criminal Investigation division focusing on high-dollar schemes before referring cases to the Department of Justice. Most tax problems remain civil matters unless there’s clear evidence of intentional deception, such as hiding income, using fake documents, or operating repeated fraudulent schemes.
What is the IRS Criminal Investigation Division?
The IRS Criminal Investigation Division employs armed special agents who use forensic accounting and surveillance to build federal cases against tax evaders, money launderers, and financial criminals before recommending prosecution. These agents focus on following money trails through complex financial records, often uncovering broader criminal enterprises beyond just tax violations.
How do I know if I’m under criminal investigation by the IRS?
IRS criminal investigations involve armed special agents from the Criminal Investigation division who show up unannounced, issue subpoenas, and interview witnesses about potential federal charges, unlike civil audits where you receive letters and work with revenue agents on payment issues. The stakes include prison time and criminal records rather than just penalties and interest, making immediate legal representation essential when agents identify themselves as being from Criminal Investigation.
When should I hire a criminal tax attorney?
You should hire a criminal tax attorney immediately when IRS Criminal Investigation contacts you because anything you say becomes evidence in a federal prosecution that could send you to prison. Unlike civil audits where you can negotiate payments, criminal investigations require constitutional protections and strategic defense from day one, as the agents are building a case for the Department of Justice to prosecute.
What’s the difference between a criminal tax attorney and a regular tax attorney?
Criminal tax attorneys defend against federal charges of willful tax evasion and fraud that carry prison sentences, requiring expertise in constitutional protections and federal criminal procedure that civil tax attorneys don’t possess. Civil tax attorneys handle payment negotiations, audits, and disputes over amounts owed where the worst outcome is financial penalties, not incarceration or a criminal record.
What constitutes tax fraud versus tax negligence?
Tax fraud requires proving you deliberately lied or concealed information to avoid paying taxes, which triggers criminal prosecution and potential prison time, while negligence means you made careless mistakes or didn’t understand the rules, resulting only in civil penalties. The IRS looks for badges of fraud like hidden income, fake documents, or patterns of deception to distinguish intentional evasion from honest errors or poor recordkeeping.
How are tax crimes related to white collar criminal defense?
Tax crimes fall under white collar defense because they involve complex financial schemes requiring forensic accounting expertise to unravel paper trails, digital evidence, and corporate structures that prosecutors use to prove intent. These cases demand attorneys who understand both criminal procedure and intricate tax regulations, as they often span multiple years of transactions and involve parallel civil and criminal proceedings with coordinated defense strategies.
