White Collar Crime Attorney in Chicago, Illinois
Defenses in Tax Evasion
Defenses in Tax Evasion
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So tax evasion is a very broad crime. There are many types of prosecutions under tax evasion. And again, they are usually federal prosecution. You originally are investigated by the IRS or SEC for some type of a tax crime. You know that you are being investigated because the IRS does not charge you right away; they try to talk to you, they do their own investigation. If you evade the IRS, if you evade resolving the issues with the IRS, or if you believe that you did not commit what they are accusing you of, then your case may get to federal court. In federal court, you will present the defense that you were going to present to the IRS if you believe that you did not commit what they are accusing you of.
For example, if you have a corporation that you do not believe owes the certain tax that the IRS thinks that it owes because it’s not an American corporation and you do not need to pay tax to the United States Government, that is a defense. If you rely on your accountant or on a team of other people to advise you of tax laws that are extremely complicated here in the United States, that may rise to the level of a defense. So there’s many options for people that are being accused by the IRS to challenge the accusations.
Chicago, IL criminal defense attorney Gal Pissetzky talks about the various defenses available to someone charged with tax evasion. An individual undergoing investigation for a white-collar crime typically becomes aware of the situation when directly informed by federal prosecutors and agents. White-collar offenses, including mortgage fraud, bank fraud, tax evasion, or wire fraud, prompt federal investigators to commence their inquiries discreetly. Subsequently, they may approach the individual to discuss the allegations or present their findings.
Individuals accused of white-collar crimes often attempt to navigate the situation without legal counsel, under the assumption that they can outsmart federal agents. However, this strategy proves ineffective, as federal agents excel in extracting statements and confronting individuals with pertinent information. Despite the appearance of an amicable conversation, potential repercussions may materialize later, manifesting as an indictment or an accusation of providing false information.
Acknowledging the intricacies of these investigations, it is imperative for individuals to recognize the necessity of legal representation early in the process. Faced with a visit from federal agents, the recommended course of action is for individuals to promptly contact an attorney before engaging in any discussions with law enforcement. This preemptive measure serves to safeguard one’s legal rights and interests throughout the entirety of the investigative proceedings.
