Criminal Tax Fraud in the First Degree: NY Tax Law 1806

Tax fraud is a serious offense that can lead to devastating consequences. Criminal tax fraud in the first degree in New York can lead to long prison sentences and hefty fines. The IRS is serious about collecting tax, and efforts to thwart the system are taken seriously. If you have been charged with this crime, you will need the services of a skilled and knowledgeable attorney who can fight for you.

Understanding Criminal Tax Fraud in the First Degree

Criminal tax fraud in the first degree is one of the most serious charges you can face. Not only will you be facing prison sentences of up to twenty-five years, you will be subject to loss of professional licenses, loss of immigration status and monetary fines. You may have to face a tax auditor, a tax enforcement agent or the District Attorney’s office. Because criminal tax fraud in the first degree is considered a “B” felony, there are mandatory minimum sentences for anyone convicted of the crime. If this is your first offense, you would be facing between one to three years and prison or eight to twenty-five years.

If this is not your first offense and you have been convicted of another felony within the past 10 years, you would face between four and a half years or twelve and a half to twenty-five years in prison.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

The IRS has referred your case to the Criminal Investigation Division after an audit uncovered discrepancies in your tax returns.

Is this different from a regular audit?

Attorney's Answer

A CID referral means the IRS believes there may be criminal tax fraud, not just civil underpayment. Criminal tax charges carry prison time of up to 5 years per count. You need a criminal defense attorney at this stage.

This is general information only. Contact us for advice specific to your situation.

What the Law Considers Criminal Tax Fraud

It is helpful to understand what actions the law consider criminal tax fraud. Tax fraud is defined by the following actions:

• Failing to submit a tax return
• Filing a tax return that has misrepresentations and false information
• Failing to pay tax to the State of New York
• Creating schemes that are intended to deprive the state of tax revenue