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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Federal Tax Evasion
Facing Federal Tax Evasion Charges? Andrew M. Weisberg Can Defend Your Rights
Tax evasion is a serious federal offense that involves the willful attempt to evade or defeat the payment of taxes owed to the U.S. government. Under federal law, tax evasion can lead to severe penalties, including substantial fines, prison time, and a permanent criminal record. If you are facing charges for federal tax evasion, it is crucial to have an experienced defense attorney like Andrew M. Weisberg to protect your rights and fight for the best possible outcome.
Understanding Federal Tax Evasion Under U.S. Law
Federal tax evasion is defined under 26 U.S. Code § 7201. This statute makes it illegal for any person to willfully attempt to evade or defeat any tax imposed by the Internal Revenue Code. The offense includes both the evasion of assessment and the evasion of payment of taxes.
Key Elements of Federal Tax Evasion:
Willfulness: The prosecution must prove that the taxpayer’s actions were intentional and not the result of an honest mistake or misunderstanding of the tax laws.
Tax Deficiency: There must be a substantial tax liability that the taxpayer sought to evade. This means that the taxpayer owes more taxes than they reported or paid.
Affirmative Act: The taxpayer must have committed an affirmative act to evade or defeat the tax. This could include underreporting income, claiming false deductions, hiding assets, or using offshore accounts to conceal income.
Penalties for Federal Tax Evasion
The penalties for federal tax evasion are severe and can have long-lasting consequences. Under 26 U.S. Code § 7201, the penalties include:
Imprisonment: Up to 5 years in federal prison.
Fines: Up to $100,000 for individuals or $500,000 for corporations.
Supervised Release: Following imprisonment, the defendant may be subject to a period of supervised release.
Restitution: The court may order the defendant to pay restitution to the IRS for the amount of taxes owed, including interest and penalties.
Permanent Criminal Record: A conviction for tax evasion will result in a permanent federal criminal record, which can affect your ability to secure employment, obtain loans, and more.
Related Federal Offenses
In addition to tax evasion, individuals may face related charges under federal law, which can compound the penalties:
Filing False Tax Returns (26 U.S. Code § 7206(1)): Willfully filing a tax return or other tax document that is materially false or fraudulent.
Failure to File a Tax Return (26 U.S. Code § 7203): Willfully failing to file a required tax return by the due date.
Tax Fraud Conspiracy (18 U.S. Code § 371): Conspiring with others to defraud the United States by impeding the IRS in the collection of taxes.
Consequences of a Federal Tax Evasion Conviction
A conviction for federal tax evasion can have severe and long-lasting consequences:
Incarceration: A prison sentence can disrupt your life, causing financial hardship and emotional stress for you and your family.
Financial Penalties: In addition to fines and restitution, the IRS may impose additional penalties and interest on the unpaid taxes.
Damage to Reputation: A federal conviction for tax evasion can severely damage your personal and professional reputation, making it difficult to rebuild your life.
Loss of Professional Licenses: Certain professionals, such as attorneys, accountants, and financial advisors, may lose their licenses or certifications following a conviction.
Defending Against Federal Tax Evasion Charges
Successfully defending against federal tax evasion charges requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing the evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:
Lack of Willfulness: The prosecution must prove that your actions were willful. If you made an honest mistake or relied on the advice of a tax professional, this could be a strong defense.
Challenging the Tax Deficiency: If there is a dispute over the amount of taxes owed, Andrew may challenge the IRS’s calculations or interpretations of tax laws.
Statute of Limitations: Federal tax evasion charges must be brought within a certain time frame. If the statute of limitations has expired, Andrew may seek to have the charges dismissed.
Procedural Defenses: Andrew may challenge the legality of the IRS’s investigation or the methods used to gather evidence against you.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
Andrew M. Weisberg is a seasoned criminal defense attorney with extensive experience handling federal offenses, including tax evasion. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.
When you choose Andrew as your defense attorney, you benefit from:
Comprehensive Legal Knowledge: Andrew’s deep understanding of federal tax laws ensures that your case will be handled with the utmost competence and care.
Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.
The Importance of Early Legal Intervention
If you have been charged with federal tax evasion, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.
Andrew M. Weisberg: Committed to Your Defense
Facing charges of federal tax evasion can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.
Contact the Law Offices of Andrew M. Weisberg Today
If you have been arrested or charged with federal tax evasion, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.
Contact Andrew today for a free, confidential consultation:
Phone: Call (773) 908-9811 anytime, day or night.
Online: Fill out the Case Review form on our website, and we will get back to you promptly.
Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.
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