At the Law Offices of John J. Zarych, we understand the complex laws and requirements related to tax offenses. With more than 40 years of combined experience in criminal defense, our tax evasion and tax fraud attorneys know how the Internal Revenue Service (IRS) and the Department of Justice build a case against a taxpayer. Therefore, we are also experienced in crafting an appropriate defense to combat the charges the taxpayer faces. Our lawyers represent both individuals and businesses accused of such crimes throughout New Jersey. If you are facing serious civil or criminal tax charges, our experienced and strategic tax lawyers can stand up to the IRS or DOJ and fight for you.
Defense Attorneys Fight Against Tax Fraud and Tax Evasion Charges
Our experienced attorneys can assist With Tax Fraud or Tax Evasion charges such as:
- Intentionally failing to file state or federal taxes
- Falsifying a tax return
- Claiming personal expenses as business expenses
- Keeping false income records
- Intentionally underreporting or omitting income
- Making false deductions on a return
For instance, the charges one faces for mischaracterizing personal expenses as business expenses can vary based on the conduct of a taxpayer and the perceptions of the government agent. However it is certainly conceivable that the individual could face criminal tax charges under 26 U.S.C § 7212 and 26 U.S.C §7206. If the taxpayer allegedly takes steps to impede the administration of the tax code corruptly or through threats of force, crimes under 26 U.S.C § 7212 can be charged. Upon conviction, up to a three year prison sentence and fines can be imposed. 26 U.S.C §7206 address false returns and other false tax or financial documents the taxpayer may proffer under penalty of perjury. A fine of up to $100,000 for individuals and $500,000 for corporations along with up to three years of federal prison can be imposed upon conviction.
FBAR & FATCA Guidance for Taxpayers With Offshore Accounts & Assets
Report of Foreign Bank & Financial Accounts (FBAR) and Foreign Account and Tax Compliance Act (FATCA) each form the basis for independent disclosure obligations by U.S. taxpayers. FATCA has been called America’s global banking law by industry commentators because not only does it require disclosures by American taxpayers themselves, it also requires foreign banks and foreign financial institutions to take action. Most condemningly, these financial institutions must, depending of the model of international government agreement in effect, automatically or upon request provide information to the U.S. government about U.S. linked financial accounts in the jurisdiction. Banks will comply with these requests due to the 30 percent withholding penalty they face. This information can then be used to identify and prosecute taxpayers noncompliant with their FBAR or FATCA disclosure duties.
Under FBAR, individuals who fail to disclose can face two levels of penalties. Individuals who make an honest filing mistake, typically face charges for non-willful violations of FBAR. Violations of this type can be punished by a fine of up to $10,000 for each violation. However, if your actions are perceived as being the product of a voluntary or intentional disregard of your known disclosure duty, then the much more harsh penalty for willfulness can apply. Penalties for a willful FBAR violation are assessed at the greater of $100,000 or 50 percent of the account balance. FBAR penalties that include willfulness can include up to six years of tax returns. This means that willful FBAR penalties typically exceed the balance originally held in the account.
Charges of FEMA Fraud After Hurricane Sandy
The Federal Emergency Management Agency (FEMA) provides financial support to disaster victims. Attempting to obtain money from FEMA through falsifying lease agreements and rental receipts can be considered theft by deception and forgery.
Our New Jersey law firm represents individuals charged with misrepresenting the amount of damage to their homes after Hurricane Sandy or other disasters. While such offenses can carry prison time, we will work to minimize the charges against you or clear your name completely.
Call Us in Northfield, Cape May Court House, Wildwood or Atlantic City
If you’ve been accused of tax fraud, income tax evasion or FEMA fraud, contact us today for a free consultation.
If so, do not wait to contact an IRS criminal investigation lawyer by calling our offices in Northfield, Cape May Court House, Wildwood or Atlantic City at 800-508-9786. We are available seven days a week, including holidays.