212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

How Do Federal Defense Attorneys Handle Criminal Tax Evasion Cases?

By Spodek Law Group | October 19, 2023
(Last Updated On: October 20, 2023)

Last Updated on: 20th October 2023, 09:50 am

How Do Federal Defense Attorneys Handle Criminal Tax Evasion Cases?

Federal tax evasion charges are serious white-collar criminal allegations often brought by federal prosecutors against individuals or corporations suspected of tax fraud. The Internal Revenue Service (IRS) is the primary federal agency that investigates alleged tax crimes under 26 U.S.C. § 7201, the federal statute which sets out the crime of tax evasion[1].

To prove a defendant guilty of tax evasion, the prosecution must establish several key elements[1]:

  • The defendant owed more federal income tax for the year than they declared on their return
  • The defendant knew they owed more tax than they declared
  • The defendant made a willful, affirmative attempt to evade or defeat paying that additional tax

Criminal tax evasion charges are complex cases that require an experienced federal criminal tax defense attorney to mount an effective defense. Here is an overview of how federal defense lawyers handle these cases:

Investigation Stage

The IRS has its own team of investigators and officers tasked with detecting and investigating allegations of federal tax fraud[1]. These IRS investigators often work jointly with state tax authorities who conduct parallel investigations into potential state tax violations.

There are several ways tax evasion investigations get initiated:

  • Referrals from third parties like ex-spouses or disgruntled employees[1]
  • IRS audits and reviews that detect under-reporting of income or overstating of deductions[2]
  • IRS investigators proactively targeting high wealth individuals or companies in certain industries prone to tax evasion[2]

During the investigative stage, the IRS will gather evidence by[2]:

  • Issuing subpoenas for financial records
  • Conducting interviews of targets and witnesses
  • Executing search warrants on homes, offices, or electronic devices

Once the IRS believes it has sufficient evidence, it will refer the case to the Department of Justice (DOJ) for prosecution. DOJ tax attorneys will then present the evidence to a federal grand jury to seek an indictment on criminal tax evasion charges[2].

Role of the Defense Attorney

When representing a client under IRS investigation, the defense lawyer’s priority is to avoid criminal charges altogether. An experienced tax attorney will[2]:

  • Advise clients to exercise their 5th amendment right to remain silent during questioning
  • Avoid handing over documents or evidence unless legally compelled
  • Negotiate with IRS agents and DOJ lawyers to dissuade them from seeking an indictment

If charges cannot be avoided, the attorney will begin developing defense strategies and negotiating for a favorable plea agreement.

Pretrial Stage

Once indicted, the next stage is pretrial litigation in federal court. The defense attorney’s role now shifts to[2]:

  • Filing motions to suppress evidence improperly obtained by the IRS
  • Seeking dismissal of the indictment if it is legally deficient
  • Negotiating a plea deal if conviction seems likely
  • Preparing for trial by interviewing witnesses, hiring experts, and readying legal arguments

An experienced tax crime lawyer will exploit every opportunity to get charges reduced or dismissed pretrial. If the case goes to trial, the attorney must be ready to aggressively defend the client before a jury.

Sentencing Stage

Conviction for criminal tax evasion under 26 U.S.C. § 7201 can result in[1]:

  • Up to 5 years in federal prison
  • Fines up to $250,000 for individuals or $500,000 for corporations
  • Paying the costs of prosecution

The defense lawyer’s role at sentencing is to advocate for minimized punishment. Strategies include[2]:

  • Highlighting mitigating factors about the defendant’s background and circumstances
  • Presenting character witnesses to humanize the defendant
  • Disputing the monetary amounts used to calculate sentencing guidelines
  • Citing precedents showing sentences in similar cases
  • Arguing for alternatives to imprisonment such as probation or home confinement

An experienced federal tax attorney knows how to craft persuasive arguments to limit jail time and financial penalties.

Facing criminal tax evasion charges puts defendants at risk of steep fines, years in prison, and financial ruin. Retaining an experienced federal tax defense attorney provides the best chance to avoid conviction or minimize penalties. The lawyer’s advocacy and guidance at every stage gives defendants their best shot at the most favorable outcome possible.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!