Criminal Versus Civil Sanctions For Tax Crimes

Criminal Versus Civil Sanctions For Tax Crimes

Criminal and civil sanctions against IRS tax fraud are not mutually exclusive. As a practical matter, civil and criminal tax fraud penalties are treated independently and a taxpayer can easily be subject to both at the same time. If a taxpayer has been convicted of a tax crime and hit with severe criminal sanctions, he or she may still receive civil sanctions as well.

Interference with the Administration of Tax Laws

Interference with the Administration of Tax Laws

A lesser-known criminal tax offense is called interference with the administration of tax laws. This offense is found in IRC § 7212(a), which prohibits conduct intended to interfere with the administration of tax laws.

The Role of Counsel During a Criminal Tax Investigation

The Role of Counsel During a Criminal Tax Investigation

Representing a client in a criminal tax investigation and prosecution is very different than in other criminal contexts. In a criminal tax case, counsel’s role is crucial during investigation and long before an indictment is ever made.

Enforcement Proceedings: Summonses in Tax Crime Cases

Enforcement Proceedings: Summonses in Tax Crime Cases

If a special agent in a tax crime investigation issues a summons which is ignored, the Criminal Investigation Division may institute an enforcement action against the summonsed party. The U.S. District Courts have the sole original jurisdiction to review noncompliance with administrative summonses issued by the IRS. If the summons is not complied with within six days of being issued, the Criminal Investigation Division may begin the process of initiating a judicial proceeding.

Dealing with the DOJ Tax Division on your Criminal Tax Case

Dealing with the DOJ Tax Division on your Criminal Tax Case

The Department of Justice Criminal Tax Division has the ultimate authority to review and prosecute criminal tax cases. If you are subject to a criminal tax investigation or prosecution, it will likely be headed by the DOJ. The department has the power to authorize or decline criminal prosecutions, take action in response to Criminal Investigation Division or U.S.

Criminal Tax Investigations: When to Cooperate and When to Refuse

Criminal Tax Investigations: When to Cooperate and When to Refuse

As a Tax Lawyer representing clients in a criminal tax investigation, one of the most important defense strategies is knowing when to cooperate with an IRS special agent and when to refuse cooperation. Over the course of the special agent’s investigation, the taxpayer will be faced with numerous opportunities to cooperate or refuse cooperation. This is an extremely important decision that should be made only after complete and thorough deliberation.

Tax Crimes Defense Strategies: Dealing with Gov't Agents

Tax Crimes Defense Strategies: Dealing with Goverment Agents

Taxpayers and counsel will interact with government personnel in various situations during the course of a criminal tax investigation or prosecution. In a previous article, we discussed how counsel should behave in IRS conferences and in correspondence with IRS or DOJ personnel. In this article, we will look into some additional interactions between government personnel and counsel.

Dealing with the Government's Criminal Tax Investigators

Dealing with the Government's Criminal Tax Investigators

As a defense attorney, you should always be forthright in dealing with government personnel while your client is under investigation for tax crimes. When the tax crime case goes through the usual steps beginning with an investigation by IRS special agents, defense counsel typically interacts mainly with Criminal Investigation Division personnel.

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