Shielding You From The Penalties Of Federal Tax Crimes
The Internal Revenue Service does not play around when it comes to tax fraud. If you face federal criminal charges related to taxes, the worst thing you could do is underestimate your situation. It is a misconception that the government does not take white collar crime seriously; in fact, the Federal Sentencing Guidelines usually recommend severe prison sentences.
As a board-certified criminal defense attorney, I am ready to defend you. You can turn to me at The Law Offices of Richard Kuniansky in Houston for thorough, aggressive defense against federal tax charges such as:
I focus my practice on federal fraud defense. This has earned me a reputation as one of the region’s most experienced and knowledgeable tax fraud lawyers.
The Importance Of A Strong Defense
The federal government will not simply accept the assertion that you made a mistake on your tax forms. If you have been charged in federal court, the authorities already believe the worst: That you intentionally defrauded the United States government. Few law firms practice federal tax fraud defense because tax law in combination with federal criminal law is so complex. It is critical that you hire a reputable lawyer like me who has successfully defended numerous people against similar charges.
How The IRS Investigates Tax Fraud
Investigations into tax fraud can stem from several different sources. It could be that someone who works for the IRS detected possible fraud. Maybe the police uncovered fraudulent activity in connection to a case they’re working on. Or perhaps a member of the public made a report to the IRS.
Regardless of how the fraud is detected, special agents at the IRS conduct a preliminary investigation to determine if suspicions of fraud have merit. If they do, then the formal investigation begins.
The IRS gathers evidence from several sources, including:
- Witness testimonies
- Bank records
- Other financial data
After they’ve analyzed the evidence they’ve collected, the IRS decides whether the activity they’ve observed is criminal. If they don’t believe the subject of the investigation has committed a crime, they discontinue the criminal investigation. However, a civil investigation may still ensue. If they determine illegal activity has occurred, they’ll report their findings to the tax division of the Department of Justice and recommend they prosecute the subject.
Contact An Experienced Tax Defense Attorney Today
Do not hesitate; contact The Law Offices of Richard Kuniansky today for experienced and reputable criminal defense. To get in touch and make an initial consultation, you can send me an email or call my office at 713-491-6717.
Tax Cases Handled:
- As an Assistant United States Attorney, prosecuted the largest bribery case in the history of the IRS. Defendant was alleged to have offered $1,000,000 bribe to influence an IRS agent to terminate a criminal tax investigation.
- As an Assistant United States Attorney, prosecuted numerous individuals accused of tax fraud.
- As a defense attorney, have represented numerous individuals accused of income tax fraud.
- Represented taxpayer in Federal Court in Houston accused of not paying federal income taxes on business proceeds that were diverted to a bank account in the Cayman Islands. Defendant acquitted on all counts.
- Represented businessman in Federal Court in Houston accused of making false statements on federal income tax returns. Defendant sentenced to probation. Was later able to obtain restoration of rights to possess a firearm at the federal level, and a pardon at the state level.
- Handled a major tax case in the Fifth Circuit Court of Appeals defining what jury instruction must be given when a Defendant in a criminal tax case contends that he believed in good faith he did not have to report certain income. The Fifth Circuit held that the trial court must instruct the jury that a good faith belief is a complete defense to tax fraud charges even if that belief is objectively unreasonable. United States v. Montgomery, 747 F.3d 303 (5th Cir. 2014).
- Represented a businessman who was accused of cashing over $500,000 in checks payable to his business and not reporting that cash as income on his tax return. Was able to obtain a favorable plea bargain, and then at sentencing obtain probation. Was later able to get the probation terminated early.
- Represented a businessman being investigated for not reporting income from the sale of an international business. Worked with an international tax expert to prepare a position paper that the sale was not taxable. The IRS dropped the investigation.
- Represented a taxpayer who had a falling out with an individual who reported him to the IRS for not paying taxes on all of his income. Was able to get the investigation quickly dropped.
- Represented a taxpayer who diverted large amounts of his income to the Cayman Islands and did not pay taxes on that income. Although the IRS had the taxpayer dead to rights, was able to convince them that the dollar loss was much less than they had calculated. As a result, the taxpayer received a very favorable sentence.
- Represented a taxpayer who had failed to file tax returns for 4 years. Nothwithstanding the fact the Federal Sentencing Guidelines called for a period of imprisonment, was able to obtain a sentence of probation.