According to a Department of Justice press release, a Florida man recently admitted to orchestrating a complex tax scheme. This story highlights the serious consequences that can result from a criminal tax investigation followed by prosecution. If you have intentionally filed a false tax return or have failed to file a tax return altogether, you should contact an experienced tax defense attorney to determine the best strategy in bringing you into compliance.
Defendant Helped Clients Claim False Refunds
According to court documents, Rafael Ramos of Orlando was more than just a tax preparer. He had devised a manipulative scheme to wrongfully claim IRS refunds on behalf of his clients. Ramos asserted that various banks and financial institutions had withheld substantial tax amounts from his clients’ incomes. This misleading information suggested these clients were owed significant refunds from the IRS.
To bolster this scheme’s credibility, Ramos, with assistance from his co-conspirators, submitted fabricated documents to the IRS. These documents, falsely appearing to be issued by the banks, were meant to validate the fraudulent withholding figures cited in the tax returns.
When the IRS began probing the erroneous refunds they had issued, Ramos convened meetings with his client base and tried to hamper the IRS’s criminal tax investigation. He provided clients with baseless correspondence to forward to the IRS, steered them to falsely inform the IRS that their returns were self-prepared, and even advised them to transfer their funds, making them inaccessible to potential IRS levies. Ramos’s efforts resulted in a tax loss of over $1m.
Ramos is facing up to five years for each conspiracy count and up to three years for each count of filing a false tax return. Additionally, Ramos could be ordered to serve a period of supervised release upon the completion of any prison term. Lastly, Ramos will likely be ordered to pay restitution to the IRS.
Appreciating the Repercussions for Violating Federal and State Tax Laws and Coming Back into Tax Compliance Without Facing Criminal Tax Prosecution
Rafael Ramos’s case serves as a reminder of the severe consequences of intentionally violating federal tax laws. It’s a stark reminder of the importance of honest and accurate tax reporting. If you have failed to file true and accurate tax returns with the IRS or have failed to file a tax return altogether, you should strongly consider reaching out to a seasoned tax attorney to determine the best way to come into federal tax compliance. Taxpayers generally have better outcomes when they proactively attempt to rectify any past noncompliance when compared to those who wait until an audit or criminal tax investigation is initiated.
If you have failed to file a tax return for one or more years or have taken a position on a tax return that could not be supported upon an IRS or state tax authority audit, eggshell audit, reverse eggshell audit, or criminal tax investigation, it is in your best interest to contact an experienced tax defense attorney to determine your best route back into federal or state tax compliance without facing criminal prosecution.
Note: As long as a taxpayer that has willfully committed tax crimes (potentially including non-filed foreign information returns coupled with affirmative evasion of U.S. income tax on offshore income) self-reports the tax fraud (including a pattern of non-filed returns) through a domestic or offshore voluntary disclosurebefore the IRS has started an audit or criminal tax investigation / prosecution, the taxpayer can ordinarily be successfully brought back into tax compliance and receive a nearly guaranteed pass on criminal tax prosecution and simultaneously often receive a break on the civil penalties that would otherwise apply.
It is imperative that you hire an experienced and reputable criminal tax defense attorney to take you through the voluntary disclosure process. Only an Attorney has the Attorney-Client Privilege and Work Product Privileges that will prevent the very professional that you hire from being potentially being forced to become a witness against you, especially where they prepared the returns that need to be amended, in a subsequent criminal tax audit, investigation or prosecution.
Moreover, only an Attorney can enter you into a voluntary disclosure without engaging in the unauthorized practice of law (a crime in itself). Only an Attorney trained in Criminal Tax Defense fully understands the risks and rewards involved in voluntary disclosures and how to protect you if you do not qualify for a voluntary disclosure.
As uniquely qualified and extensively experienced Criminal Tax Defense Tax Attorneys, KovelCPAs and EAs, our firm provides a one stop shop to efficiently achieve the optimal and predictable results that simultaneously protect your liberty and your net worth. See our Testimonials to see what our clients have to say about us!
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Regardless of your business or estate needs, the professionals at the Tax Law Offices of David W. Klasing are here for you. We are open for business, and our team will help ensure that your business is too. Contact the Law Offices of David W. Klasing today to discuss your business with one of our professionals.
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More Commonly Asked Tax Audit Questions
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Questions and Answers for Criminal Tax Representation
- When tax defense counsel parallels tax crime investigation
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- What is the willfulness requirement for tax evasion?
- I didn’t know I committed tax fraud. Can I get off?
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