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Criminal fraud or evasion - it is more than not knowing what has to be paid or done. It is a conscious effort to defeat the authority of the government to collect the tax that is due. In the banking world, it's the voluntary knowing disclosure of material inaccurate facts for the purpose of eliciting a loan or other financial benefit. And if the charges are tried in a criminal proceeding, they must be established beyond a reasonable doubt, unlike civil cases that may have to be proved by a preponderance of evidence or to a clear and convincing standard of proof. These differences are huge. But the accusation or threat of being accused of criminal tax evasion or bank fraud is a fundamentally serious challenge that threatens you personally, the well being of your family and virtually every personal and business relationship you have. The government’s investigation alone is burdensome enough. Hence, these challenges must be squarely met and addressed at the earliest possible moment. You need legal representation and advice. Additionally, it is unwise for you to speak to your friends, family, accountant, tax return preparer or for that matter the tax agents or to turn over any documents on your own. Every communication you make, including disclosures of written materials can and will be used against you if the government determines it supports a case against you for tax evasion. SAY NOTHING. IMMEDIATELY SEEK OUR LEGAL COUNSEL. AGAIN DO IT IMMEDIATELY! You have the right not to incriminate yourself. Even if you have the best of intention, there is always a possibility that any statement you make can be misinterpreted. Recognize, these prosecutions seek to punish you criminally. That could mean time in prison. Assessment and collection of money penalties are for the most part secondary in importance. Please also recognize that each state and each local tax authority has similar criminal powers. Those authorities can act on their own even if the IRS decides not to pursue you. Further, understand that the federal government, state government and local taxing authorities can decide to investigate a taxpayer and subsequently pursue criminal charges, each on their own accord and regardless of whether the other(s) decide not to. The same is true for government agencies and tax return problems not considered criminal could stimulate investigation and/or criminal charges in other regards. Such problems for example are common to disclosures made by a taxpayer to banks or other financial instituions/agencies and courts, especially bankruptcy or receivership courts, as compared to disclosures made in connection with tax matters and tax returns. These potential risks or accusations require our help. |
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