Tax fraud is considered a “white collar” crime, a label used to refer to non-violent, financially motivated criminal offenses. While the average person may consider tax fraud to be a harmless crime, the federal government takes it very seriously given that the Internal Revenue Service (IRS) estimates a $1 trillion loss each year because of tax fraud and unpaid taxes. For this reason, you must know what steps to take if you are being investigated for or have been charged with tax fraud.
Federal law enforcement agencies and prosecutors have a wealth of resources at their disposal that can be marshaled against you if they believe you have committed tax fraud. Having an Orlando tax fraud lawyer on your side who has the experience and resources to take on the federal government is the key to protecting yourself and your future. Attorney David Haas is a former federal prosecutor, making him an invaluable ally when you are targeted in a tax fraud prosecution. At Haas Law, we understand that the stakes are high, which is why we are committed to protecting and defending you and your rights if you have been accused of tax fraud.
What Is Tax Fraud?
A common misperception is that any error you make on your tax return subjects you to allegations of tax fraud; however, a genuine mistake made when calculating or paying taxes does not amount to tax fraud. Tax fraud is defined by the Internal Revenue Service (IRS) as “an intentional wrongdoing, on the part of a taxpayer, with the specific purpose of evading a tax known or believed to be owing.” To prove tax fraud, the government must show that a tax was due and owning and that your intentional acts or omissions were aimed at defrauding the government by avoiding payment of that tax.
Who Investigates Tax Fraud?
Numerous federal law enforcement agencies may be involved in a tax fraud investigation, including the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and criminal investigation unit from the Internal Revenue Service (IRS). Sometimes, federal prosecutors will focus on tax crimes when they are unable to gather sufficient evidence to substantiate a prosecution for other crimes such as drug trafficking or money laundering. In one of the most famous criminal cases of all time, Al Capone, the notorious gangster, was ultimately brought to justice for tax crimes.
What Is a Target Letter?
If you are under investigation for tax fraud, you may receive a “target letter.” A target letter is typically issued by the U.S Department of Justice but can come from any federal agency. As the name implies, a target letter tells you that you are the “target” of an investigation and may contain any or all the following information:
- Notification that you are the target of a federal grand jury investigation.
- The nature of the criminal offense being investigated.
- A request to contact federal authorities.
- A request to produce documents or other evidence.
- Deadlines for responding to requests.
Steps to Take If You Have Been Accused of Tax Fraud
Unfortunately, in its zeal to identify and prosecute true cases of tax fraud, the government can mistakenly target innocent taxpayers as well as those who have intentionally committed tax fraud. Regardless of your guilt or innocence, you have rights as an accused. Protecting those rights is paramount when you are the target of a tax fraud prosecution. To ensure that your rights are protected and to preserve any defenses available to you, take the following steps if you have been accused of tax fraud:
- Thoroughly read through a target letter. If you receive a target letter in the mail, read through the letter carefully and make note of any requests made in the letter; however, do not respond to the requests without first consulting with an attorney. If the letter includes deadlines for complying with requests, be sure to speak with an attorney well ahead of the deadlines, so your attorney has sufficient time to respond ahead of time.
- Do not speak to anyone regarding the case. Tax fraud cases frequently allege complex conspiracies that involve multiple defendants, often including business entities. You may be tempted to contact other defendants to discuss the accusations. You must resist this temptation because anything you say to another defendant may be used against you. The only confidential conversation is that between you and your attorney.
- Do not destroy evidence. Your knee-jerk reaction to accusations of tax fraud may be to destroy any evidence that could be used against you. It is crucial that you do not destroy such evidence. Not only is the destruction of evidence a separate criminal offense, but your defense attorney may be able to use that evidence as part of your defense.
- Consult with an Orlando tax fraud lawyer immediately. Tax fraud prosecutions frequently involve complex facts and laws. The government has virtually unlimited resources at its disposal to be used to secure a conviction. You need to level the playing field by retaining the services of an equally skilled and highly motivated Orlando tax fraud lawyer. This is the best way to protect your freedom and your future.
How Can an Orlando Tax Fraud Lawyer Help Me?
Whether you made a simple error on your personal income tax return or intentionally defrauded the government out of tax revenue as part of a complex business transaction, you have several important constitutional rights as a defendant in a tax fraud prosecution. An experienced Orlando tax fraud lawyer can explain your rights to you and help ensure that you exercise your rights when applicable. Along with protecting your rights, an experienced attorney will evaluate the government’s case against you and develop a defense strategy aimed at preventing a conviction. If you have been accused of tax fraud, allow the experienced team at Haas Law to put their experience, dedication, and resources to work for you.
Call us at 407-755-7675, chat with us online, or submit our online form today. Because we understand that time is of the essence when federal law enforcement authorities are investigating you, our calls are answered 24 hours a day, allowing you to schedule an appointment as soon as possible to discuss your legal options.