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5 Things to do (or NOT to do) when an IRS Criminal Investigator Knocks on Your Door
Protect Your Rights and Freedom: Essential Strategies for Handling an Unexpected IRS Criminal Investigation
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Expertise: Our team comprises seasoned tax professionals who understand the complexities of IRS criminal investigations.
Personalized Approach: We provide tailored strategies based on your unique circumstances, ensuring a personalized and effective defense.
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Thursday, September 26, 2024 at 12:16:02 AM UTC
Last Updated:
Dealing with an IRS civil audit is bad enough. The aggravation and headache surrounding your financial future, the stress of going through years of financial records, and the tight deadlines responding to IRS inquiries are all challenging. Now, imagine that anxiety multiplied ten-fold because your financial security AND your PERSONAL FREEDOM are at jeopardy. Welcome to the world of criminal tax investigations.
Imagine there are two or more individuals with badges knocking on your front door, or showing up at your job or place of business (there is never just one person – one is generally responsible for asking the questions and the other is responsible for taking notes or witnessing your responses for purposes of compiling evidence against you). If you are ever in this unfortunate position...
5 Things to Remember
They're not there to befriend you; they are there to get answers and build a case against you. All special agents have already done most of their homework by the time they knock on their "Target's" door. They have reviewed tax returns, obtained access to your banking information and may have even spoken to some of your colleagues or business associates by the time you meet them face-to-face.They want to talk to you to get additional evidence.
AVOID the URGE to show you are innocent and have nothing to hide! IRS Criminal Special Agents, or "SA's" have been trained extensively in investigative methods to catch you off-guard, scaring you or otherwise tricking you into providing information they need to bolster their case. You don't know what information they already have and how any additional information you provide them – no matter how seemingly innocent and innocuous it may be – can support or strengthen their case.
What to do? Inform them IMMEDIATELY that you either HAVE an attorney or are in the process of retaining an attorney and that they will contact them once fully retained.
Catch your breath and gather your records. Gather all of your relevant records, including bank records, tax returns and email and text message communications you believe may be relevant in proving your innocence and look for an attorney with experience and expertise in criminal tax defense. A generalist criminal defense attorney is not enough, as the tax code and criminal tax procedure are complex areas of the law and you need someone with a proven track record to protect your interests.
If they seek to question your spouse, all is not lost. Oftentimes, a spouse is dragged into an investigation just by the mere fact that they signed a joint income tax return even though they knew nothing about the activity which is the subject of the investigation.Spouses of criminal investigation targets may be entitled to certain evidentiary privileges where they do not have to divulge information from communications made directly between spouses during the course of their marriage, nor can they be forced to testify against their spouse while they are still married. All the more reason to consult with an attorney with experience and expertise in criminal tax defense.
Avoid further communications with other potential targets or witnesses. Cease any further communication with people you suspect the SA's may contact, at least without the assistance of counsel. Any attempt to reach out to others who may be contacted by the government could potentially bring additional charges for obstructing or otherwise interfering with a criminal investigation.
Formulate a cohesive and comprehensive defense plan with the assistance of counsel. Every case has its own strengths and weaknesses, and it is all dependent on the unique facts of your criminal case. Work closely with your attorney and forensic accountant to evaluate your case and formulate a game plan to obtain the best possible result.
Why Choose Us?
At Thomas F. Dilullo & Associates, we specialize in guiding individuals through these challenging times with expertise and discretion. Our team of experienced tax attorneys is here to help you understand your rights, protect your interests, and work towards a favorable resolution.
Expertise: Our team comprises seasoned tax professionals who understand the complexities of IRS criminal investigations.
Personalized Approach: We provide tailored strategies based on your unique circumstances, ensuring a personalized and effective defense.
Confidentiality: Your privacy and confidentiality are our top priorities. We handle your case discreetly and with the utmost sensitivity.
Take Action Today
Don't wait until it's too late. Contact us now to schedule your confidential consultation. Let us help you navigate this challenging time and work towards resolving your IRS criminal investigation effectively.
About the Author
Nick Kokis, Esq.
During his tenure with the IRS, Nick sharpened his expertise in tax law enforcement, gaining invaluable insider knowledge of the government's strategies for audits, collections, and criminal investigations. This unique experience now forms the cornerstone of his formidable defense arsenal, enabling him to anticipate and deftly counter IRS tactics.