Punta Gorda Tax Fraud Defense Lawyers
At Foley & Wilson Law Firm, we understand the profound impact that serious allegations such as tax fraud can have on your life. Our highly credentialed legal team, composed of former prosecutors, retired FBI special agents, and defense attorneys with over 45 years of experience in the criminal justice system, is dedicated to providing you with the highest level of professional representation. We treat each client with the dignity and respect they deserve, delivering unparalleled skill and professionalism in defense of your rights. Tax fraud cases are undeniably complex; you need legal counsel on your side who understands the gravity and nature of the charges and knows how to defend against them and seek a favorable resolution. You’ll find that counsel at Foley & Wilson Law Firm. Contact our experienced Punta Gorda tax fraud defense lawyers today.
Understanding Tax Fraud Under 26 U.S.C. 7201
Tax fraud, as defined under 26 U.S.C. 7201, is a serious federal offense. This statute criminalizes any attempt to evade or defeat any tax imposed by the Internal Revenue Code. Understanding the elements and consequences of tax fraud is crucial for anyone facing such allegations.
To secure a conviction under 26 U.S.C. 7201, the prosecution must prove beyond a reasonable doubt the following elements:
- Tax Due and Owing: The government must establish that there was a substantial tax due and owing from the defendant.
- Affirmative Act: There must be evidence that the defendant committed an affirmative act of evasion or attempted evasion. This could include actions such as filing false tax returns, concealing income, or making false statements to tax authorities.
- Willfulness: The prosecution must prove that the defendant acted willfully, meaning the defendant knew they were violating a legal duty and intentionally sought to evade tax laws.
A conviction for tax fraud under 26 U.S.C. 7201 can result in severe penalties, including being sentenced to up to five years in federal prison and/or being ordered to pay substantial monetary fines, potentially up to $100,000 for individuals and $500,000 for corporations. The court may also order the defendant to pay restitution to the IRS for the amount of tax evaded. In some cases, the court may impose a period of supervised release or probation following imprisonment. Beyond legal penalties, a conviction can result in long-term consequences, such as damage to one’s reputation, loss of professional licenses, and difficulties in obtaining employment.
Defending Against Tax Fraud Charges in Punta Gorda
At Foley & Wilson Law Firm, we leverage our extensive experience and deep understanding of the criminal justice system to mount robust defenses against tax fraud allegations. Potential defenses may include any of the following, for example:
- Lack of Willfulness. One of the primary defenses to tax fraud charges is challenging the prosecution’s assertion of willfulness. This defense involves demonstrating that the defendant did not intentionally violate tax laws. Mistakes or misunderstandings regarding tax obligations can negate the willfulness element.
- Insufficient Evidence. The prosecution must prove every element of the offense beyond a reasonable doubt. We meticulously scrutinize the evidence presented, identifying weaknesses or gaps that can be exploited to cast doubt on the government’s case.
- Good Faith Belief. A good faith belief that the tax returns were accurate or that there was no tax due and owing can be a strong defense. If the defendant relied on the advice of a tax professional, this can further support the good faith defense.
- Statute of Limitations. Tax fraud charges must be brought within a specific period. If the statute of limitations has expired, we can move to have the charges dismissed.
- Procedural Violations. Any procedural missteps by law enforcement or the IRS, such as violations of the defendant’s constitutional rights during the investigation, can be grounds for challenging the admissibility of evidence or seeking dismissal of charges.
Trust Foley & Wilson Law Firm for Your Punta Gorda Tax Fraud Defense
Facing tax fraud charges is daunting, but with Foley & Wilson Law Firm by your side, you have a formidable ally in your defense. Our team of former prosecutors brings a unique perspective and unmatched expertise to every case, ensuring you receive the best possible representation. We are committed to fighting for your rights, protecting your future, and achieving the most favorable outcome in your case.
Contact us today to schedule a confidential consultation and take the first step toward a robust defense against tax fraud allegations in Punta Gorda.
