If you’re facing federal tax crime charges in Chicago, you need an experienced and aggressive legal team on your side. Tax crimes are serious offenses that can result in hefty fines and lengthy prison sentences. Don’t take chances with your freedom and future – hire a top Chicago federal tax crimes lawyer to defend your rights and fight for the best possible outcome in your case.
What Are Federal Tax Crimes?
Federal tax crimes involve willfully attempting to evade or defeat paying federal income taxes that are owed. Some common examples of federal tax crimes include:
- Tax evasion – willfully attempting to evade or defeat a tax assessment
- Filing false returns – willfully making false statements on a tax return
- Failure to file returns – willfully failing to file a tax return
- Aiding false returns – willfully aiding in the preparation of false tax returns
- Failure to pay taxes – willfully failing to pay taxes owed
Tax crimes are felony offenses under federal law. A conviction can result in up to 5 years in federal prison and a fine of up to $250,000 for individuals or $500,000 for corporations1. In addition, you may be ordered to pay restitution to the IRS for the full amount of taxes owed plus interest and penalties.
Choosing the Right Federal Tax Crimes Lawyer
When you’re up against the federal government in a tax crimes case, you need a lawyer with the knowledge, skills and experience to level the playing field. Look for an attorney who:
- Focuses their practice on criminal tax defense. Tax law is a highly complex area that requires specialized knowledge. You want a lawyer who deals with these cases day in and day out.
- Has experience handling cases in federal court. The rules, procedures and strategies in federal criminal cases are very different than in state court. Make sure your lawyer has a track record of success in federal tax cases.
- Is a skilled trial lawyer. While many federal tax cases are resolved through plea agreements, you need a lawyer who is fully prepared to take your case to trial if necessary. Look for an attorney with extensive federal jury trial experience.
- Takes an aggressive approach. Federal tax crime cases require a proactive, aggressive defense strategy. You want a lawyer who will thoroughly investigate the facts, challenge the government’s evidence, and exploit any weaknesses in their case.
The tax crimes defense lawyers at our firm have decades of experience successfully representing clients in Chicago and throughout the United States. We have a deep understanding of the federal tax laws and sentencing guidelines, and we know how to effectively advocate for our clients at every stage of the legal process.
Strategies for Defending Federal Tax Crime Charges
There are a number of potential defenses that may apply in a federal tax crimes case, depending on the specific facts and circumstances. Some common defense strategies include:
Lack of Willfulness
Most federal tax crimes require the government to prove that the defendant acted willfully – that is, with the specific intent to violate the law2. This is a high burden of proof. There are many situations where a person may make false statements on a tax return or fail to file or pay taxes due to negligence, inadvertence or a misunderstanding of the complex tax laws. If the government cannot prove willful intent beyond a reasonable doubt, they cannot obtain a conviction.
Good Faith Reliance on Tax Professionals
In some cases, a taxpayer may have relied in good faith on the advice of a tax professional, such as a CPA or tax attorney, in preparing their returns or taking a certain tax position. If the taxpayer fully disclosed all relevant facts to the tax professional and followed their advice, this may be a defense to tax crime charges3.
Insufficient Evidence
The government has the burden of proving every element of a tax crime offense beyond a reasonable doubt. An effective defense lawyer will carefully examine all of the evidence in the case to identify weaknesses and challenge the government‘s proof. If the government’s evidence is lacking on any essential element, the case may be dismissed or the taxpayer acquitted at trial.
Statutory Defenses
There are also a number of statutory defenses that may apply in federal tax crimes cases, such as the statute of limitations which requires the government to bring charges within a certain time period4. An experienced tax crimes lawyer will be familiar with all potential statutory defenses and will raise them whenever applicable.At our firm, we take an aggressive, proactive approach to defending clients against federal tax crime allegations. We conduct a thorough investigation to uncover all relevant facts and identify the strongest available defenses. We then develop a customized strategy designed to protect our client’s rights and achieve the best possible outcome based on the circumstances of the case.
What to Do If You Are Under Investigation
If you are under investigation for federal tax crimes, it is crucial that you seek legal representation as soon as possible. Many taxpayers make the mistake of trying to handle the situation on their own, only to end up saying or doing something that makes matters worse. Remember, anything you say to IRS agents or other government officials can be used against you in court.If you are contacted by the IRS or other federal agents regarding a tax crimes investigation, you should politely decline to answer any questions and immediately contact a qualified tax crimes defense lawyer. Your lawyer can communicate with the government on your behalf to find out more about the nature of the investigation and take steps to protect your rights.