El Paso Tax Fraud Attorney

An Overview of Federal Tax Fraud 

The IRS, an agency under the Department of Treasury, is responsible for processing tax returns as well as enforcing U.S. tax laws. The IRS employs thousands of special agents who conduct investigations of a wide range of tax crimes, including:

• Tax Evasion involves knowingly and willfully underreporting income on a tax return with the intent of evading payment of taxes. To act willfully means that the defendant intentionally and voluntarily violated a legal duty to pay income taxes. On the other hand, a person who does not file a tax return because he or she reasonably believed that no taxes were owed to the government may not be convicted for tax evasion, even if the failure to file was willful.
• False Statements on Income Tax Returns occurs when an individual knowingly and willfully submits a tax return with material false statements. A false statement is considered “material” if it influences an IRS audit, investigation, or verification of income. In addition, material omissions from an income tax return are also considered false statements. A defendant may not be liable for false statements resulting from his/her misunderstandings or reliance on a tax preparer, however. 
• Aiding or Assisting in Preparation of False Documents Under Internal Revenue Laws applies to anyone who knowingly and willfully assists in the preparation of a tax return containing material false statements, with or without the knowledge or consent of the person whose taxes were prepared. An individual who acts on a mistaken belief or misinformation may not be held liable for this offense, however. 
• Conspiracy charges may also apply in fraud cases in which a defendant is alleged to have agreed with one or more individuals to commit fraud and at least one overt act is taken to advance the conspiracy. In the context of tax fraud, this may involve business partners collaborating to evade income taxes by submitting false statements. To gain a conviction, prosecutors must be able to show that the defendant was aware of the unlawful nature of the scheme and was not acting in a way that incidentally advanced the conspiracy.

Although federal prosecutors have an unfair advantage over tax fraud defendants, the legal team at Benjamin Law Firm knows how to fight back. We have extensive experience defending tax fraud cases in federal court, where the rules of procedure differ from state court. By exploiting weaknesses in the government’s case and challenging any and all evidence, we will work to achieve the best possible outcome for you. 

Federal Penalties

Both criminal and civil penalties apply to federal tax fraud cases, including incarceration in federal prison, repayment of the government’s legal costs, monetary penalties and fines. The penalties for tax fraud are as follows:

• Tax Evasion is punishable by up to 5 years in prison, and fines (up to $100,000 for individuals and $500,000 for corporations).
• False Statements on Income Tax Returns are punishable by a prison sentence of up to 3 years and fines.
• Aiding or Assisting in Preparation of False Documents Under Internal Revenue Laws is punishable by up to 3  years in prison and fines.
• Conspiracy is punishable by up to 5 years in prison; additional penalties for the underlying tax crimes also apply.

Defenses Against Federal Tax Fraud Charges

At Benjamin Law Firm, we have the knowledge and skills to assert any and all defenses against tax fraud, including affirmative defenses. Put simply, an affirmative defense establishes a different set of facts than those alleged by the prosecutor that may eliminate the defendant’s liability. As an example, a defendant’s reliance on a qualified tax preparer may be an affirmative defense against tax evasion charges. 

Other potential defenses against tax fraud include:

• Lack of Intent — To gain a conviction for tax fraud, the government must be able to prove beyond a reasonable doubt that you intended to defraud the government. Therefore a mistake in a tax return, such as a miscalculation, may not be considered tax fraud, even if the mistake results in an underpayment. Brock Benjamin has the knowledge and skills to demonstrate that you did not intend to commit tax fraud.
• Lack of Evidence — Given that tax fraud cases typically involve a vast amount of financial data, we will work to expose weaknesses and flaws in the evidence against you. In addition, if we determine that the government abused its surveillance powers or violated your rights, we will move to have any evidence suppressed and have the case dismissed. 

Depending on the circumstances, we may also be able to prove that you lacked sufficient knowledge of tax law to commit fraud or point to your good history of filing tax returns as a defense. Ultimately, mounting a successful defense against federal tax fraud charges requires extensive preparation and exceptional courtroom skills — hallmarks of Brock Benjamin’s practice.

In a tax fraud case, federal authorities will leverage their vast financial resources and broad surveillance powers to build their case against you. At the same time, overzealous prosecutors may employ tactics that violate your civil rights. You can trust our savvy tax fraud defense attorneys to move swiftly to suppress any evidence that was unlawfully obtained. In this way, we will fight to protect your rights and stand by you every step of the way, offering you encouragement and objective insights as your case proceeds. 

The Benjamin Law Firm Difference

While many attorneys are comfortable handling criminal cases in the state courts, successfully defending your charges is best left to a lawyer who knows his way around the federal court system. Brock Benjamin is steeped in the federal rules of criminal procedure and his background as a prosecutor makes him well-acquainted with the government’s tactics in federal investigations. 

Our legal team has frequently gone up against attorneys from the Department of Justice as well as federal prosecutors in the many U.S. Attorneys Offices. We will challenge the prosecution’s evidence, work to expose weaknesses and errors in their case, cross-examine government witnesses, and seek out evidence of your innocence. While we know how to successfully try tax fraud cases, we may recommend negotiating a plea deal if doing so is in your best interests.

Benjamin Law Firm has a well-earned reputation for being trusted legal advisors dedicated to protecting individuals, business and professional licenses against federal tax investigations.

When you become our client, we will explain your rights and help you navigate the legal system. Ultimately, having our legal team on your side can mean the difference between securing your freedom and serving a lengthy prison sentence. 

Results That Matter

At Benjamin Law Firm, we have a proven history of helping our clients avoid civil and criminal liability in tax fraud cases. We represent clients during audits and work strategically to prevent asset seizures and preserve professional licenses. Depending on the circumstances, we look to resolve criminal investigations civilly so that our clients avoid prison sentences. 

Although the penalties for tax fraud are severe, we may be able to negotiate a tax resolution with the Texas Comptroller’s office or the IRS. Above all, we are committed to protecting your rights, your freedom and your future. When you partner with us, we will encourage your participation in your defense. 

Our attorneys will always be upfront with you about your prospects at trial and keep you fully informed about any and all developments in your case. Our trustworthy advice and objective insights will put you in the driver’s seat, where you can make the best decisions about your future.