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Federal Criminal Charges Against Tax Preparers: Mitigating a Federal Tax Preparer Charge
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Federal Charges Against Tax Preparers
Tax preparers are people who make a very profitable living filing other people’s tax returns. Also called preparing or cooking taxes; according to US law it is a federal crime. The preparer fraudulently changes details in people’s taxation forms to enable them file for higher tax refunds. This is called a grand felony as it combines the crime of counterfeiting with tax fraud, while lesser crimes may crop up in the investigation’s course; such as aiding and abetting a crime.
Investigation and Prosecution
Federal charges against tax preparers are pressed for prosecution and indictment by the United States Inland Revenue Service’s aggressive Criminal Investigating Section. This is the federal body mandated with investigating, apprehending and prosecuting most taxation issues. A tax preparer is seen as more or less a big fish in the eyes of the IRS investigators; since a successful prosecution will take a whole lot of tax fraud off the streets. There are three categories that are of interest in these proceedings; the subject, the witness and the target.
Categories of Interest
The target is a person on whom the case is being built against, or proof is being sought to necessitate their prosecution. Investigators normally have probable cause to believe that the target is the main offender. A witness, however; is any person that may have seen, heard or might have evidence that incriminates the target. A grand jury subpoena can be used to impress upon a witness the necessity of testifying against a target. The subject on the other hand is not targeted for prosecution; though federal investigators might suspect that one may have played a part in the conspiracy to commit crime.
Challenges in Prosecuting a Tax Preparer
Prosecuting a tax preparer is no mean feat. On the outset, the prosecution and Inland Revenue Service agents will be at pains to illustrate how the alleged preparer knew that the tax information they were filing was false. Most federal charges against tax preparers are usually weakened by the lack of concrete evidence; though availability of such evidence is bound to drastically change the weight of the prosecution’s case. Any and all information pointing to falsities made by a tax preparer is usually reason enough to press charges or make an indictment.
Evidence Collection
Evidence can be collected mainly from previous clients of the tax preparer and sometimes old customers will be the ones to tip off the defendant that they’re being investigating. Paper and money trails are very important when investigating federal charges against tax preparers. A number of prosecutorial strong points can be derived from any seized financial documents that indicate fees the tax preparer took from clients. The crucial angle of collusion with the rebate fraudster is thus proven; meaning a preparer machination to manipulate documents with the view of receiving big tax returns or generating higher fees took place.
Obstruction and Tampering
Such evidence can be correlated by the federal agent’s endeavors to secure witness statements at the very onset of the investigation to circumvent witness tampering. In such a scenario, other stiffer penalties may be encountered. Common tactics that could land the defendant in more hot water include; making contact with other people in the subject, witness or target category to subjugate process. Covering up or trying to tamper with evidence; or the preparer trying to obstruct the course of justice in any way will attract additional charges. Federal tax agent’s resources enable them to pinpoint where and when evidence was changed, altered or destroyed. Do not try any maneuvers that may endanger your current legal standing; don’t forget that federal charges against tax preparers have been filed in your disfavor and are being actively investigated.
Legal Considerations
Another thing to avoid is giving false information to federal agents and tax investigators because if you’re found out, which will be very likely; your category status could change! For instance if you divulge untruths and end up incriminate yourself; your status elevates from a subject, to a witness or even the subject. Therefore, it’s legally advisable to plead the Fifth Amendment in the face of pressure to answer questions. This guarantees you the constitutional right to keep quiet and let the investigation take its course; which can be translated as due to influence by legal counselor.
Federal charges against tax preparers do not always lead to indictment, as a person can change the course of the proceedings. This is mainly dependent on the strength of the case; and the effectiveness of your legal representation. There are steps that a tax preparer under investigation can assist their lawyer to facilitate.
The Importance of Legal Counsel
Legal counsel is of paramount importance when faced with federal charges against tax preparers. A criminal defense lawyer will make it easier to find information regarding your legal tussle with the IRS. The proven way to effectively get the investigating agent and the federal prosecutor to cooperate information with you is by initially engaging an attorney in your proceedings.