Tax fraud is more or less a harmless crime. No one gets hurt and if you play your cards right you can get away with it. Right?
As our Orlando criminal defense attorneys will tell you, nothing is further from the truth. In the eyes of the IRS and the U.S. Attorney’s Office, tax evasion and fraud charges are much more than skimming a few dollars here and there, or carelessness, or even honest mistakes. A federal indictment can be punished under civil or criminal law or both.
What Is Tax Fraud?
Tax evasion or fraud is considered a white collar crime of deceit in which someone seeks illegal gain. Statute 26 U.S. Code § 7201 explains tax evasion and fraud as anyone who deliberately tries in any way to “evade or defeat any tax.” The accused may be an individual or a business entity, as well as a government entity.
Examples of fraud and evasion include
- Intentionally not filing income taxes
- Underreporting or misrepresenting your taxable income
- Overstating expenses to reduce income
- Hiding assets
- Falsely claiming refunds
- Applying personal expenses towards business expenses
- Underreporting sales
- Not remitting Florida sales tax
- Skimming profits from cash-based business
- Preparing tax returns, company books or other documents with unfounded and misleading numbers and data (“cooking the books”)
What Are the Penalties for Tax Evasion / Fraud?
As criminal attorneys we stress the severe consequences that follow a federal indictment of tax evasion or fraud. Charges of fraud, or just the fact that you are being investigated for tax evasion or fraud should not be taken lightly.
The charges are felony charges under the U.S. Code. Upon conviction, penalty fines can be up to $100,000 for an individual and up to $500,000 for a corporation. Imprisonment of up to 5 years may be part of the punishment, or both a fine and imprisonment, plus the prosecution expenses. The offender will also still owe the taxes, possibly with interest, that he or she avoided paying.
The nature of the circumstances and the severity of the crime can dramatically affect the severity of these penalties.
Will the IRS Investigate Me for Fraud?
Yes. Criminal tax cases are investigated by the U.S. Attorney’s Office with the Internal Revenue Service Criminal Investigative Division, or CID. The CID unit is comprised of accountants, financial experts and tax lawyers.
These experts are highly trained in law enforcement and in the investigation of charges of all manner of fraudulent income and income tax reporting, dishonest deductions, fraudulent tax preparers and forgery of tax documents.
Can an Attorney Help if I have been charged with Tax Fraud?
Yes. If you believe that you are under investigation for tax crimes such as fraud or tax evasion, it is critical to hire an experienced tax crime attorney as soon as possible. Federal prosecutors have tremendous resources to bolster their case, and you need an experienced and resourceful legal team in your corner.
You need attorneys who are able to ensure that your rights are protected from the beginning, and are knowledgeable and effective enough to successfully to have any evidence dismissed that is improperly obtained by federal prosecutors.
We can help you and time is of the essence.
As your defense attorneys we are here to do everything in our power protect your constitutional rights, under any circumstances, including
- the charges against you are truly due to carelessness, or misunderstanding of the tax rules, or an honest mistake on your part;
- you were completely unaware of an unintentional error or a deliberately fraudulent statement or act made by others;
- you purposely made misleading and fraudulent statements on your tax return.
When TK Law attorneys intervene, we work to prevent a criminal prosecution from building and proceeding. We can often turn what could have been a devastating prison sentence and fine into a simple payment plan. We can help you get to the bottom of the charges, even if you are concerned with whether you did make mistakes.
TK Law in Orlando has significant experience investigating the evidence that the CID and federal prosecutors bring against sometimes unsuspecting individuals, business owners and corporate executives. Generally the evidence involves a complex paper trail, and requires specific understanding of taxes and federal tax statutes.
Our criminal defense lawyers have these qualifications at the highest level. We focus just as attentively on criminal tax cases that involve alleged individual charges as we do on cases involving multiple defendants in a corporation or business entity.
Contact us quickly here or call us day or night at 855-Kramer-Now (855-572-6376).