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Welcome to Spodek Law Group. Our goal is to provide you with information that could protect your freedom, your career, and everything you have built over decades. When IRS Criminal Investigation contacts you, you are not facing an audit. You are facing federal law enforcement with guns, arrest authority, and a track record that should terrify anyone who understands what it means.
Here is something that will fundamentally change how you think about your situation. IRS Criminal Investigation has a 90% conviction rate. But this number does not mean what most people assume. They do not convict 90% of tax cheats they catch. They convict 90% because they only open investigations on cases they are already certain they will win. By the time CI contacts you, they have spent 12 to 24 months building a file through sources you never knew were reporting to them. The investigation is not beginning. It is effectively over.
This is the reality that every person facing IRS Criminal Investigation must understand immediately. The federal agents reaching out to you already know more about your finances than you remember. They have records from banks, cryptocurrency exchanges, foreign financial institutions, payment processors, and possibly even people in your own life who reported you for a bounty. You are the last person to know what they know.
Most people hear about CI conviction rates and assume it means the IRS is just really good at catching tax criminals. That interpretation is completly backwards. The 90% conviction rate exists becuase CI is extremely selective about which cases they even bother to investigate.
Heres what actualy happens inside IRS Criminal Investigation. They recieve thousands of referrals every year from civil auditors, whistleblowers, and other agencies. They could investigate all of them. They dont. Instead, they apply a ruthless filter: they only open investigations where the evidence is already overwhelming, where the dollar amounts justify the resources, and where conviction is basicaly guaranteed before the first interview happens.
Think about what this means for you practicaly. If CI has contacted you, they didnt pick your case randomly. They didnt stumble across your name and decide to take a look. They reviewed your file, analyzed there evidence, calculated there odds of conviction, and concluded that your case is a winner for them. The decision to prosecute you was effectivly made before the investigation officialy began.
CI does not investigate to find out if you committed a crime. CI investigates becuase they already know you did.
The economics of federal prosecution explain everything about how CI operates.
Criminal tax investigations are expensive. Each case requires Special Agents, forensic accountants, prosecutors, and months or years of government resources. The IRS cannot afford to invest all of that into cases that might not result in conviction. So they filter agressively at the front end to ensure that every case they open is a case they expect to win.
This is were the system becomes almost impossable to beat once your inside it. The people evaluating wheather to open your case are looking at evidence you dont even know exists. There calculating conviction probability using information you cant access. And they only proceed when that probability crosses whatever internal threshold makes the investment worthwhile.
By the time you find out your being investigated, the analysis is already complete. The decision has already been made. Everything that follows – the interviews, the document requests, the grand jury – is just the formality of building the public record to support a conclusion they reached months ago.
This is one of the most dangerous misinterpretations people make during tax disputes.
You’ve been going back and forth with a Revenue Agent about an audit. Theres been document requests, phone calls, maybe some tense negotiations about deductions or income characterization. Then suddenly – silence. The Revenue Agent stops calling. Stops emailing. Weeks go by with no contact.
Most people feel relief. The pressure seems to be lifting. Maybe the IRS lost interest. Maybe they found something more important to focus on. Maybe you won and they just havent told you yet.
That silence may mean your case has been referred to Criminal Investigation.
When a Revenue Agent suspects criminal activity during an audit, there required to stop all contact with the taxpayer immediately. They hand the file to CI. And they say nothing – becuase alerting you would give you time to destroy evidence, flee the country, or coordinate stories with co-conspirators.
So while your relaxing becuase the audit seems to have gone away, armed federal agents may be building a criminal case against you. The audit didnt end. It evolved into something far worse. And you have no idea.
Todd Spodek has seen this pattern destroy clients who thought there audit was over. The relief they felt was the exact opposite of what there situation actualy was. By the time CI contacted them, months of investigation had already happened in the shadows.
Not all IRS agents are created equal, and confusing the two could cost you everything.
Revenue Agents are the people who conduct audits. There accountants. They review your returns, ask for documentation, and determine if you owe additional taxes. They cannot arrest you. They cannot carry weapons. There job is civil tax administration – figuring out what you owe and making sure you pay it.
Special Agents are federal law enforcement officers. They carry guns. They have arrest authority. They can execute search warrants, seize property, and put handcuffs on you in your own home. There job is building criminal cases that result in prison sentences.
When your case moves from a Revenue Agent to a Special Agent, you have crossed from civil dispute into criminal prosecution territory. The rules change completley. The stakes multiply exponentialy. And nobody sends you a letter explaining that the transition happened.
Heres the most dangerous part. The records you voluntarily provided during your civil audit – every bank statement, every receipt, every explanation you gave to the Revenue Agent – all of that can be handed directly to Special Agents. Your cooperation with the civil process becomes evidence in the criminal process. There is no barrier between the two.
Most people dramatically underestimate how much the IRS already knows about there financial situation from sources that have nothing to do with there own tax returns.
Foreign banks now report U.S. account holders under FATCA – the Foreign Account Tax Compliance Act. If you have accounts overseas, your bank is telling the IRS about them regardless of wheather you disclosed them yourself. Failure to report these accounts carries its own criminal penalties that can stack on top of underlying tax crimes.
Cryptocurrency exchanges report to the IRS. If you bought or sold Bitcoin, Ethereum, or any other cryptocurrency through a major exchange, that information has already been transmitted to federal authorities. The IRS has issued John Doe summons to cryptocurrency platforms demanding records on all U.S. customers – not specific suspects, but everyone.
Payment processors report. Your ex-business partner may have reported you. Your estranged spouse might have reported you. The IRS whistleblower program pays up to 30% of recovered taxes to people who provide information leading to collection. When the potential payout is hundreds of thousands of dollars, people have strong incentive to report.
And heres what makes this truly dangerous for anyone considering voluntary disclosure: the IRS dosent have to tell you what they already know. You have no way to determine wheather information about your tax situation has already reached them from third parties. By the time your worried enough to consider coming forward voluntarily, the window may have already closed without your knowledge.
The IRS Voluntary Disclosure Practice exists for taxpayers who want to correct past non-compliance before the IRS discovers it. In exchange for coming forward proactivley, taxpayers may avoid criminal prosecution – though they still face substantial civil penalties.
This sounds like a safety valve. A way out. A chance to fix things before they become criminal.
But the timing requirement is absolutly critical and often impossable to verify. You can only make a valid voluntary disclosure if the IRS does not already have information about your non-compliance from independent sources. If a foreign bank has already reported your account, if a whistleblower has already submitted information, if any third party has already provided data – your disclosure is too late, and it may actualy make things worse by confirming what they suspected.
Heres the impossible situation this creates. You cannot call the IRS and ask: “Do you already know about my offshore accounts?” You cannot file a Freedom of Information request to find out what whistleblowers have reported. You have to make the decision to disclose – or not disclose – without knowing wheather the window is still open.
At Spodek Law Group, weve worked with clients who discovered too late that there voluntary disclosure was invalid becuase information had already reached the IRS. They thought they were protecting themselves. Instead, they created additional evidence to be used against them.
The asymmetry between what Special Agents can do and what you cannot do is striking.
IRS Criminal Investigation Special Agents can legally:
Meanwhile, you cannot:
The Special Agents conducting these interviews have done hundreds of them. You are experiancing the most stressful moment of your professional life. The playing field is not level.
This asymetry extends beyond the legal rules into the psychological dynamics of the encounter. Special Agents are trained profesionals who conduct these investigations regulary. They know exactley what questions to ask and how to phrase them to elicit incriminating responses. They understand which emotional buttons to push. They have practiced creating situations were targets feel compelled to talk.
Meanwhile, you are experiancing one of the most terrifying moments of your life, trying to remember financial details from years ago while armed federal agents sit across from you. The stress alone makes accurate recollection nearly impossable. And any inconsistancy between what you say and what there records show becomes potentialy criminal – not just evidence of the underlying tax issue, but a seperate false statement charge under 18 U.S.C. 1001.
Even if you somehow avoid prison time, a federal tax conviction destroys far more then most people anticipate.
Professional licenses often require disclosure of felony convictions – and licensing boards routinly deny or revoke credentials for tax crimes. If your a CPA, attorney, doctor, financial advisor, or hold any professional license, one tax felony can end your career permanently regardless of wheather you serve a single day in prison.
Federal contractors face debarment. Security clearances become impossable to obtain or maintain. Banks become reluctant to extend credit to convicted felons. Business relationships evaporate when partners and clients learn about the conviction.
State tax authorities dont wait for your federal case to conclude. They initiate there own investigations and assessments in parallel. One federal conviction often triggers state criminal referrals in every jurisdiction where you filed returns.
The reputational damage operates indefinatly. News coverage of tax prosecutions stays on the internet forever. Every future employer, client, or business partner who searches your name finds the case. The conviction follows you for the rest of your professional life.
And heres what most people dont realize until its too late: even if you ultimatley avoid conviction, the investigation itself causes massive damage. Your bank may freeze accounts during the investigation. Your employer may terminate you once they learn federal agents visited your workplace. Your business partners may sever relationships immediatly rather then wait to see how the case resolves. The investigation creates collateral damage that exists independantly of the final outcome.
The financial burden of defending a federal tax case can be devastating even when you win. Attorney fees in complex CI investigations routinly reach six figures. Forensic accountants, expert witnesses, and document review add additional costs. Many people spend there life savings defending themselves – and then face civil tax assessments on top of whatever the criminal outcome was.
This is why the stakes of a CI investigation go so far beyond the immediate prison sentence. Winning means preserving everything youve built. Losing means permanant professional destruction.
So what do you actualy do when IRS Criminal Investigation shows up at your door or calls your phone?
First, understand that you are not required to speak with them. You have the right to remain silent. You have the right to an attorney. These rights exist specifically becuase the government has enormous power and individuals need protection. Exercising your rights is not evidence of guilt.
Second, say exactly this: “I decline to answer any questions without first consulting with my attorney.”
Thats it. You dont need to explain. You dont need to apologize for not cooperating. You dont need to schedule a follow-up or promise to be more helpful later. You are exercising constitutional rights that exist for exactly this situation.
Third, do not make any statement about the substance of what they are investigating. Dont say “I didnt do anything wrong.” Dont say “There must be some mistake.” Dont say “Let me explain what happened.” Every word you speak becomes evidence. Every explanation you offer can be compared to records they already have. Any inconsistancy – even innocent misremembering – becomes potential false statement liability.
Fourth, contact a federal criminal defense attorney immediately. Not a tax accountant. Not a civil tax attorney. Not a general practice lawyer who handles some criminal cases. You need someone who understands federal criminal procedure, has experience with IRS CI investigations specifically, and knows how to communicate with federal prosecutors before charging decisions are made.
Heres why the timing matters so criticaly. Before an indictment is issued, there is often a window were defense counsel can communicate with prosecutors about the case. Presenting mitigating evidence, challenging the governments interpretation of ambiguous transactions, demonstrating good faith efforts to comply – all of these become much harder once formal charges are filed. The pre-indictment phase is were cases can sometimes be resolved without prosecution. But that window closes permanantly once the grand jury returns an indictment.
The worst thing you can do is wait and hope the situation resolves itself. CI investigations do not go away. They move forward on there own timeline, building the case stronger every day while you remain in the dark about what there finding.
IRS Criminal Investigation contact is one of the most serious legal situations any person can face. The 90% conviction rate is not a statistic to take comfort in by assuming it applies to other people. It exists becuase CI only pursues cases where conviction is nearly certain. If they are pursuing you, they believe your case is one of the winners.
But “nearly certain” is not “guaranteed.” Defense opportunities exist – challenging the investigation timeline, the validity of search warrants, the reliability of witness testimony, the interpretation of complex tax law, the proportionality of proposed penalties. These opportunities shrink with every day that passes without legal representation.
Call Spodek Law Group at 212-300-5196 today. The conversation you have with us is privileged and protected. Unlike your conversation with Special Agents, nothing you tell your lawyer can be used against you. That is the only safe place to explain your situation, review your exposure, and develop a strategy for what comes next.
Sources:
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS