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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

IRS Criminal Investigation Process

IRS Criminal Investigation Process

If you find yourself facing an IRS criminal investigation, a civil investigation or an audit that, in time, may turn into a criminal investigation, you may be curious about the process the IRS will undergo to investigate you. Actually, it is a surprisingly easy thing for a person to find themselves involved with this problem. Perhaps you have been accused of tax evasion, or some other type of tax fraud. Some clients are not even aware that anything has gone wrong until the IRS comes after them.

An honest mistake, an oversight, or your accountant’s malpractice may trigger an IRS criminal investigation. In particular, unreported income, a false statement, the use of an unauthorized accounting or banking service, or declaring too many deductions are actions that could get you audited.  An audit could escalate to the level of an IRS criminal investigation process.

Our law office has a criminal tax defense practice to deal with federal, criminal income tax issues prosecuted by the IRS. It is sometimes said that although the focus of an accountant is accuracy, the focus of a tax lawyer is advocacy.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Did you know that the Internal Revenue Service is the world’s most powerful collection agency?

The IRS has tremendous resources.  Its Criminal Investigation Division (CID) is ruthless. The goal of the division is simple.  It is to conduct a thorough investigation of the taxpayer who is thought to have committed tax fraud so that he or she can be criminally prosecuted.

What is the Difference Between an IRS Criminal Investigation and a Tax Audit?

In an audit, the IRS tries to figure out whether you have calculated your tax liability correctly. On the other hand, in a criminal investigation, the IRS seeks to bring a case against you so that the U.S. Attorney’s Office can prosecute you. The tax system is run on the basis of fear. For them to maintain a proper level of fear, the government continues to prosecute tax cheats on an ongoing basis.

How Does an IRS Audit Lead to Criminal Tax Investigation?

Tax audits are conducted in a number of different ways. All of them involve your furnishing records and documents to back up the information on your tax returns. This can be completed entirely through correspondence.  Sometimes agents may ask you to come in person to a field office or they may come to your home or business to review your books and records. No matter which kind of audit you’re looking at, you need reach out as soon as you discover that you are being audited to a skilled dual licensed Tax Lawyer & CPA like those at our firm.

During the course of an audit, the auditor may be assisted by someone referred to as a fraud technical advisor (FTA). The FTA will look for “badges of fraud”.  These are indicators that fraud might have taken place.  If they find any, they refer the matter to the criminal investigation (CI) unit for a closer look. If the CI unit decides to refer your case for prosecution, they have a 90% conviction rate, so the sooner you get in touch with one of our dual licensed Tax Attorney & CPAs, the better chance you have of a positive outcome.


How Does an Appeal Work in an IRS Criminal Investigation?

You have the right to file an appeal of your tax bill with the IRS.  If your appeal is not granted, you can then take your case to Tax Court. To begin the process, your tax lawyer must prepare and file a petition with the Tax Court for relief within 90 days of receiving a notice of deficiency letter from the IRS.


At that point, your attorney works with the IRS attorney to try come to some sort of settlement in which your tax bill is reduced or eliminated, generally because the facts and law are on your side, in exchange for your dropping your matter and helping them lower the burden on the court system. The overwhelming majority of these kinds of cases get settled out of court. If you don’t want to settle your matter, your lawyer can make the best possible case before the court that your bill was unfair and that it should be reduced or eliminated by bringing witnesses and evidence, and countering the witnesses and evidence produced by the IRS.

A Walk through the IRS Criminal Investigation Process

The Criminal Investigation Division “CID” is populated by federal agents, known as “Special Agents”. The Special Agents are highly trained financial investigators that carry guns and wear badges. Unlike your local police department, the CID conducts extremely thorough investigation, which may last years. They can interview your family, friends, employees, co-workers,  business associates, and bankers to collect evidence of the extent of the tax evasion or tax fraud that may have been perpetrated.

A conviction on criminal tax violation charges carries severe consequences.  In addition to monstrous fines, including the cost of prosecution and jail time – this can be up to 5 years in jail for each count – conviction could mean financial, personal, and social catastrophe. Note that the government usually will not prosecute without being able to establish a minimum of 3 counts. Compounding the problems is the fact that often a taxpayer will not know when he or she is subject to an IRS criminal investigation until that investigation is in the late stages.  By this time, they more than likely would have made incriminating admissions if they were not represented by competent counsel.

Get Help from an Experienced IRS Criminal Lawyer

If you believe you are the subject of an IRS criminal investigation, we can help you. In a effort to protect your rights, we erect a barrier between you and the IRS. Contact our Law Office today for your initial consultation.

Schedule Your Consultation Now