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According to a Department of Justice press release, a Fresno California woman was recently indicted on several criminal counts related to tax and bank fraud. If you have filed a tax return or made statements to the IRS that were false, or have failed to file a tax return for one or more years, you should strongly consider consulting with an experienced tax defense attorney to determine whether you have an exposure and if so, the best way to minimize the potential criminal or consequences.
An unsealed seven-count indictment reveals that Pilar Rose, a resident of Fresno, California, is charged with tax evasion, bank fraud, aggravated identity theft, and obstructing an IRS audit. Federal prosecutors allege that Rose, who acted as an office manager for her husband’s orthodontic practice, took multiple steps to evade over $400,000 of federal income taxes related to the business. Additionally, authorities believe that she intentionally fabricated certain financial records during a prior IRS audit to hide the fact that the couple was deducting personal expenses as business expenses.
In addition to the alleged tax crimes, Rose is charged with committing bank fraud after she allegedly obtained a loan for a BMW and a home refinance using knowingly-false information, including an acquaintance’s Social Security Number. Unsurprisingly, Rose was also charged with aggravated identity theft for the latter behavior.
If she is convicted on the counts for which she is charged, Rose could be sentenced to up to five years in federal prison for the tax evasion count, up to 30 years in prison for the bank fraud count, and two years in prison for the aggravated identity theft count. Additionally, if convicted, Rose faces additional periods of supervised release and may be required to pay restitution, representing the amount of tax and other financial loss caused.
If you have fallen behind on your federal or state tax obligations, or have taken a position on a tax return that you could not support if it were questioned by the IRS an audit, eggshell audit, reverse egg shell audit or criminal tax investigation, it is in your best interest to consult with an experienced tax defense attorney. Together, you will determine your potential civil or criminal exposure. You will then jointly determine the best strategy to employ to bring you back into tax compliance. While you are being represented by a seasoned tax defense lawyer, you will not have to go up against the IRS or state taxing authorities alone.
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!
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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