The sitting District Attorney for the City of New Orleans is in court, but this time he will not be prosecuting. Jason Williams faces 10 counts of federal tax violations, including fraud and conspiracy. The indictment claims that Williams’ multi-year scheme improperly saved him more than $200,000 in unassessed taxes.
According to representatives, Williams relied on the advice of a bad actor claiming to be a certified tax professional, but this has not stopped the federal government from pursuing a criminal tax conviction. If the IRS will come after the district attorney of a large city like New Orleans, there is no reason why they wouldn’t come after you or anyone else.
If you need tax help, the time to act is now. Schedule your initial case assessment for a reduced rate when you contact the Criminal Tax Defense Attorneys at the Tax Law Offices of David W. Klasing at (800) 681-1295.
Louisiana DA Faces Prison, Disbarment for Multiple Alleged Tax Offenses
Trial proceedings began on July 18th in the case of Jason Williams, the District Attorney for the Orleans Parish District. The trial follows nearly two years of pre-trial hearings after Williams and co-defendant Nicole Burdett were charged in an 11-count indictment, while Williams was serving as president of the New Orleans City Council. The trial proceeds on 10 of the original counts after one was dropped prior to trial.
Allegations Against Williams
The charges against Williams and Burdett include tax fraud, conspiracy, and failure to file forms for cash receipts of more than $10,500. According to prosecutors, Williams and Burdett, an attorney who worked at Williams’ private law firm, conspired to inflate Williams’ business expenses by more than $700,000 over five consecutive tax years, the last being in 2017. This resulted in an estimated $200,000 in illicit tax relief for Williams, according to prosecutors.
Burdett also faces a separate indictment over her own personal tax returns, which she allegedly falsified across four consecutive years during the same time period in question. The indictment claims that Burdett claimed over $280,000 in fraudulent business expenses.
Testimony Evidence Against Williams
Williams was allegedly assisted by tax preparer Henry Timothy. According to the defense, Timothy falsely represented that he was a certified public accountant (CPA) and acted without Williams’ or Burdett’s consent to inflate expenses, not just for them but for his other clients as well. Timothy has already pled guilty for lying on his own tax returns and is expected to be called to testify in Williams’ trial.
Also expected to cooperate with Williams’ trial is Bridget Barthelemy, Williams’ ex-wife who herself was recently charged with failing to file a federal tax return. Many believe that Barthelemy, the daughter of former New Orleans Mayor Sidney Barthelemy, has already likely agreed to a plea deal.
During the same period that Barthelemy was charged, Robert Hjortsberg, a former attorney with Williams’ firm, pled guilty to a misdemeanor federal tax charge that stemmed from the same investigation which resulted in the indictment against Williams and Burdett. Hjortsberg agreed to pay restitution and faces sentencing of up to a year in prison.
Williams’ Defense Arguments
In the two years since the indictment was handed down, Williams has consistently stated that the government’s efforts against him are vindictive based on his “progressive reformer” platforms that run counter to the office’s history of staunch hard-liners. The indictment came after Williams announced his intentions to run for District Attorney, but the prosecution indicated that the investigation which produced the indictment began long before Williams announced.
Williams’ attorneys have indicated that they will not pursue this line as a defense in court. Instead, they will most likely claim that they relied on the advice of Timothy in preparing their taxes.
This argument could prove to be an effective defense against criminal tax evasion, which does require the prosecution to prove willfulness. However, even if Williams was truly unaware of Timothy’s illegal conduct on his behalf, he will still face substantial monetary penalties and restitution for civil violations.
Potential Sentencing
If found guilty of the charges as listed, U.S. sentencing guidelines suggest that Williams and Burdett would each face 27 months in prison, not to mention fines and restitution. However, District Court Judge Lance Africk may choose to impose a more severe sentence, as a charge of federal tax evasion comes with a maximum potential prison sentence of five years.
If convicted, Williams would also be forced to vacate his current post as District Attorney, which he has managed to keep throughout the highly publicized legal battle.
What Does the IRS’ Prosecution of a New Orleans DA Mean to You?
Cases against notable public figures always make the news, but the IRS takes similar actions against ordinary, everyday taxpayers every day. What makes this case particularly significant, however, is the specific identity of the defendant.
The significance of the IRS, under a Democratic administration, pursuing a conviction against a progressive political figure in a blue city, who just so happens to be a highly accomplished legal professional, should not be overlooked. The willingness of the federal government to take on cases such as these shows their increased appetite for action, including audits, investigations, and convictions.
In other words, if the IRS is going to come after Jason Williams, there is little to stop them from coming after you. If you have concerns about your past or upcoming tax filing compliance status, the time to address these issues is right now. If there is an opportunity to fix any mistakes that you could have made which could invite invasive government action, you will need to act quickly, but you should never attempt these complex endeavors without the help of a seasoned Criminal Tax Defense Attorney.
The Tax Law Offices of David W. Klasing Can Defend You Against the IRS
To learn more about your situation and how our Criminal Tax Defense Attorneys may be able to help, call the Tax Law Offices of David W. Klasing at (800) 681-1295 or click here to schedule a reduced-rate case evaluation.
Concerned About Criminal Tax Charges? Call the Tax Law Offices of David W. Klasing
If you are dealing with serious tax matters, you deserve tax assistance that you can rely on. Schedule your first reduced-rate case evaluation with our Criminal Tax Defense Lawyers by calling (800) 681-1295 today or schedule online here.
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.
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 disclosure before 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, Kovel CPAs 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!
More Commonly Asked Tax Audit Questions
- How should Tax Audits be Handled by Criminal Tax Counsel?
- How to survive audit when I cheated on return being audited
- What is an eggshell audit?
- What is a reverse egg shell audit?
- Why is a reverse egg shell audit dangerous for a taxpayer?
- Warning signs of a criminal referral from an IRS audit
- Effective tax defense counsels goals in an egg shell audit?
- How are the 4 goals and outcomes 1 and 2 best obtained?
- What are the possible outcomes of an egg shell audit?
- Is it my right to know why I was selected for examination?
- What can I do to prepare for an audit?
- What is an IRS civil examination?
- How IRS decides which tax returns are audited
- What are my appeal options if I disagree with IRS?
- What are my basic taxpayer rights if the IRS audits me?
- Options if I am unable to pay at the conclusion of audit
- What a 30 or 90-Day Letter from the IRS means
- What is involved with appealing disagreements?
- Rights to disagree with IRS tax auditor’s findings
- Can I stop the IRS from repeatedly auditing me?
- Can I have the examination transferred to another area?
- Can I record my IRS interview and is it a good idea?
- How many years of returns are at risk during an audit?
- Common reasons for the IRS to conduct a tax audit
- How to avoid negative consequences from an IRS interview
- Have to agree to interview by taxing authority directly?
- Are all audits the same?
- What should I do if the IRS is investigating me?
- What if I don’t respond to a taxing authority audit notice
- Your rights during an IRS tax audit
- Risks of attending an IRS audit without a tax lawyer
- Most common audit technique used by taxing authorities
- Don’t go into an IRS audit without representation
- Why hire an attorney to represent me in an audit?
- Why hire David W. Klasing to represent me in an audit
Questions and Answers for Criminal Tax Representation
- When tax defense counsel parallels tax crime investigation
- Guilty of tax obstruction by backdating documents?
- To be found guilty of tax obstruction must a person actually be successful in impeding the IRS’s functions?
- Help! The Document I Gave the IRS Had False Information
- Tax crime aiding or assisting false return IRC §7206(2)
- What is the crime known as tax obstruction § 7212?
- What is the difference between tax perjury and tax evasion?
- What is the tax crime commonly known as tax perjury?
- What is a Klein Conspiracy?
- Increased possibility of civil action in IRS investigation
- Am I Guilty of Tax Evasion if the Law is Vague?
- What happens if the IRS thinks I committed tax crimes?
- What are ways to defend against a tax evasion charge?
- Difference between criminal tax evasion and civil tax fraud
- What accounting method does the IRS use for tax fraud
- Can I Change Accounting Method to the Accrual Method
- What is the willfulness requirement for tax evasion?
- I didn’t know I committed tax fraud. Can I get off?
- Concealed assets from IRS. Can I avoid tax evasion charges
- How government proves I willfully engaged in tax evasion
- What is the venue or court where a tax crime case is heard?
- Must the IRS prove tax crimes beyond a reasonable doubt?
- Is it a crime to make false statements to the IRS?
- Will the IRS overlook my tax evasion if it’s minor?
- Failed to tell IRS about my nominee account
- Audit risk with cash based business transactions
- How to defend a client charged with tax evasion
- Is it tax evasion if I didn’t file income tax return?
- Government says I attempted to evade my taxes. Now what?
- I forgot to pay my taxes or estimated tax. Is this a crime?
- Government proof I “willfully” failed to pay taxes
- 5 Ways to Respond to Tax Evasion Charges
- Being audited after using a tax professional
- Rules for what an IRS agent can do while investigating me
- How tax preparers, attorneys and accountants are punished
- How the IRS selects tax crime lead for investigation
- How does the IRS prosecute suspected tax crimes?
- Does IRS reward informant leads for suspected tax crimes?
- How the government proves deficiency in a tax evasion case
- Do prior tax crimes factor into new IRS tax convictions?
- Requesting conference before investigative report is done
- Requesting conference after IRS Special Agent Report
- What are my rights during an IRS criminal investigation?
- Avoid prosecution for tax crime with voluntary disclosure?
- Defense tactics that make it hard for to prove willfulness
- How a tax attorney can stop your criminal tax case?
- What can you generally tell me about tax crimes?
- Continuing filing requirement with investigation pending
- Federal criminal code crimes that apply to tax issues
- Penalty for making, subscribing, and filing a false return
- CID special agent’s report for criminal prosecution
- What is the discovery process in a criminal tax case?
- What the IRS includes in indictment for tax case
- What is the hardest element of a tax crime to prove?
- IRS methods of gathering evidence to prove tax crime
- What does a grand jury do in IRS tax crime prosecution?
- Failure to keep records or supply information
- Failure to make a return, supply information, or pay tax
- What is attempting to evade payment of taxes?
- What is income tax evasion and how is it punished?
- What is attempted income tax evasion?
- What is the crime of failure to pay tax? What is punishment
- Crime of making or subscribing false return or document
- Criminal Investigation Division investigation tactics
- Tax crimes related to employment tax forms and trust funds
- Tactics to defend or mitigate IRS criminal tax charges
- How the IRS generates leads about suspected tax crimes
- What is the crime ”evasion of assessment” of tax?
- Specific examples of “attempting” to evade tax assessment
- What is the so-called Spies evasion doctrine?
- Does overstating deductions constitute tax evasion?
- Is it tax evasion if my W-4 contains false statements?
- IRC §7201 attempt to evade vs. common-law crime of attempt
- What are the penalties for Spies tax evasion?
- How government proves a taxpayer attempted tax fraud
- What is a tax that was “due and owing.”
- What is evasion of assessment for tax liability?
- Is evasion of assessment different from evasion of payment
- Does the IRS have a dollar threshold for tax fraud?
- What is the IRS burden of proof for tax fraud convictions?
- Are Tax Laws Constitutional?
- What is the source of law that defines tax evasion?
- Does section 7201 create two distinct criminal offenses?
- Does tax evasion definition include partnership LLC
- What if I helped someone else evade taxes?
- Is it illegal to overstate deductions on my tax return?
- Is it illegal to conceal bank accounts from the IRS?
- Do later losses justify prior deductions?
- Common reasons the IRS and DOJ start investigations
- What is the Mens Rea component of tax crimes?
- What is a proffer agreement and what are the risks?
- Why to have an attorney to review a proffer agreement
- Why enter into a proffer agreement?
- Limited use immunity from proffer agreements
- Difference between civil and criminal fraud allegations
Questions and Answers on Unfiled Back Taxes
- What are the common issues that non-filers face?
- Risk of audit after filing delinquent prior year returns
- Can substitute return deficiency be discharge in bankruptcy
- Substitute return modified by subsequent delinquent return?
- Do I file every delinquent return for each missing year?
- How does the IRS identify non-filers?
- How important is it to the government that I didn’t file?
- Delinquent tax return criminal prosecution likelihood
- Will I get a refund on a delinquent tax year?
- What happens after enforcement action has begun?
- Should I use an attorney, EA or a CPA to represent me when I re-enter the tax system?
- Why do people drop out of the tax system?
- What happens after the IRS identifies me as a non-filer?
- IRS has not previously filed substitute returns
- Tax attorney representation when re-entering tax system
- How will the government force me to file returns?
- What penalties can IRS impose on delinquent tax filings?
- What should I do to re-enter the tax system?
- Can Law Office of David W. Klasing help me re-enter system?
- Will tax collection taken by authorities affect my credit
- I concealed bank accounts from the government
- Forgetting or failing to file tax return
