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Tax fraud is a white collar crime involving
offenses like tax evasion, non filing of tax returns, non
declaration of income and assets, misrepresentation of conditions
for exemption, forgery, and any other crimes related to the payment
of taxes. Tax fraud attorneys are lawyers who fight criminal cases
on behalf of those charged with tax fraud.
Tax fraud
attorneys, unlike attorneys handling income or business tax, are
employed only after a person or organization has been charged with
tax fraud. They don't generally advise on tax planning or filing of
returns, but are hired after a person suspects he may be under
investigation, or when authorities start a tax audit.
A skillful tax fraud attorney will negotiate with the authorities on
behalf of his client and draw attention to mitigating circumstances.
Navigating between tax planning and tax fraud is risky for a person
without proper knowledge of tax laws. For example, many tax frauds
are committed when sham tax preparers misguide tax payers. If an
attorney can prove that fraud was committed in ignorance and without
mal intent, it can lead to a lenient sentence or charges being
dropped altogether.
The recent KPMG LLP case
illustrates how defense attorneys were able to convince authorities
to let the firm off with a $456 million fine when they were tried
for withholding billions of dollars in taxes by pointing out that
most KPMG employees would lose their jobs if the firm was
prosecuted. A tax fraud attorney tries to convince tax authorities
that prosecuting the suspect would do more harm than good.
Since prevention of prosecution for fraud is always desirable, it is
best to consult an attorney while paying taxes or filing returns to
avoid being charged with fraud. But once investigations against a
suspected tax dodger have started, it is advisable to hire a tax
fraud attorney as soon as possible. He will advise his client with
regard to his rights, and recommend the steps to take to minimize
damage.
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