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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Filing False Tax Returns
Charged with Filing a False Tax Return? Andrew M. Weisberg Can Defend Your Rights
Filing a false tax return is a serious federal offense that involves knowingly submitting inaccurate or fraudulent information on your tax returns to the Internal Revenue Service (IRS). Under federal law, filing a false tax return can result in severe penalties, including substantial fines, imprisonment, and a permanent criminal record. If you are facing charges for filing a false tax return, 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 Filing a False Tax Return Under U.S. Law
Filing a false tax return is defined under 26 U.S. Code § 7206(1). This statute makes it illegal for any person to willfully make and subscribe to any tax return, statement, or other document that contains or is verified by a written declaration that is made under the penalties of perjury, which they do not believe to be true and correct as to every material matter.
Key Elements of Filing a False Tax Return:
Willfulness: The prosecution must prove that the taxpayer acted willfully, meaning that the false information was provided intentionally and not as a result of an honest mistake or misunderstanding.
Materiality: The false statement must be material, meaning it has the potential to influence the IRS’s decisions or actions regarding the tax return.
Affirmative Act: The act of filing the false return must be deliberate, with the intent to mislead or defraud the IRS.
Penalties for Filing a False Tax Return
The penalties for filing a false tax return are severe and can have long-lasting consequences. Under 26 U.S. Code § 7206(1), the penalties include:
Imprisonment: Up to 3 years in federal prison.
Fines: Up to $250,000 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 any unpaid taxes, including interest and penalties.
Permanent Criminal Record: A conviction for filing a false tax return 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 filing a false tax return, individuals may face related charges under federal law, which can compound the penalties:
Tax Evasion (26 U.S. Code § 7201): Willfully attempting to evade or defeat the payment of taxes.
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 False Tax Return Conviction
A conviction for filing a false tax return 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 filing a false tax return 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 False Tax Return Charges
Successfully defending against charges of filing a false tax return 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 Materiality: If the false statement on the tax return was not material, meaning it would not have influenced the IRS’s decisions or actions, this could be a viable defense.
Statute of Limitations: Federal charges for filing a false tax return 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 charges related to filing false tax returns. 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 filing a false tax return, 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 filing a false tax return 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 filing a false tax return, 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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