Criminal Tax Investigations
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The Internal Revenue Service is not limited to civil enforcement of the tax laws as the result of findings from a tax audit. Beyond a tax lien or seizure of assets, the IRS can also impose criminal charges leading to a conviction, fines and imprisonment.This is why you may need the help of a qualified tax law lawyer.
If an IRS Special Agent contacts you, this is an indication that the Internal Revenue Service is conducting a criminal investigation. You will be advised that you are not required to speak with the Special Agent and that you may have an attorney present. Take this advice. Politely ask the agent to leave and state that you wish to consult an attorney. Likewise, if you are currently under criminal investigation and have been cooperating and talking with a Special Agent, stop cooperating immediately and consult with one of our tax attorneys in California.
If your bank notifies you that the Criminal Investigation Division of the IRS or the U.S. Attorney's Office is requesting copies of your bank records, there is a high likelihood that you and/or your company are under criminal investigation.
If your accountant is subpoenaed to appear before the Grand Jury and bring your records, a Federal Grand Jury is being utilized to conduct a criminal investigation of you and/or your company. The Grand Jury is gathering evidence at the request or referral of the IRS or another government agency. Since conversations with your accountant are not protected under "attorney-client privilege," you should refrain from further discussion with your accountant until you have engaged legal counsel for help with your IRS tax problems.
If you receive a notice from the IRS that one or more of your previous tax years are being audited AND you know that the returns contain either understatements of income or overstatements of deductions, or both, you should refrain from further discussion with your accountant until you have engaged legal counsel. Although this is initially only a civil audit, Revenue Agents are trained to be on the lookout for and refer fraud red flags to the Criminal Investigation Division. Existing "accountant-client privilege" does not extend to criminal investigations, meaning that your accountant may be forced to provide details to the Internal Revenue Service about your situation.
If any of these events happen to you, you should immediately engage the services of an IRS debt tax attorney who can monitor and respond appropriately at the earliest stage in a criminal investigation, including obtaining copies of bank records turned over to the IRS, quashing summons for information, utilizing available legal privileges and defenses to limit personal records turned over to a Grand Jury, and providing the best responses to an auditor's questions and requests for documents in a civil audit with criminal implications. WE CAN HELP!
For prompt evaluation of your case, we encourage you to click here to register for our Tax Advisory Service. You may also contact us using our toll-free number at 866.494.6829 or send us an email.
Click here for FAQ's on Criminal Tax Investigations.