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Defenses That May Be Used If You’re Facing Tax Fraud Charges

Serving Families Throughout Garden City
businessman in jail with handcuffs

Facing charges of tax fraud can be terrifying and overwhelming. Remember that just because you are being charged with this crime does not mean that you will be found guilty. In fact, there are many possible defenses than an experienced criminal defense attorney can use if you are being charged with tax fraud.

Advice of Counsel

In our experience, many individuals accused of tax fraud tried to ensure that all of their financial activity was all done legally. If you received advice from a tax lawyer or other qualified tax professional and that advice results in an IRS investigation or criminal charges, your attorney could use this as a defense.

Lack of Willfulness

In all cases of tax fraud, the prosecutors must prove that the defendant knowingly and willfully violated the law and attempted to evade paying their taxes. An honest mistake or even negligent filing does not constitute criminal activity and could be used as a defense by your criminal defense attorney.

No Tax Due and Owing

In some cases, the IRS may claim that you underreported income and owe more taxes than you paid. However, the IRS may not have looked at the entirety of the situation. Your criminal defense attorney may be able to find expenses that were not reported that offset the underreported income. In such a scenario, you wouldn’t owe any more taxes than you initially paid.

Voluntary Disclosure

An effective way to avoid prosecution for tax fraud is self-reporting tax violations. The IRS Voluntary Disclosure Program and Offshore Voluntary Disclosure Program allow taxpayers to come forward and report tax evasion before the IRS finds out, resulting usually in a penalty fine. In many cases, the IRS will then agree to halt criminal prosecution for the activity.


Before you approach the IRS yourself, however, make sure you obtain legal representation to ensure this is the right move.


If you are facing criminal charges related to tax fraud or tax evasion, you need seasoned and hard-hitting legal representation. Our Nassau County criminal defense attorneys are here to help you during these difficult times and defend your rights in court.

Contact Foley Griffin at (888) 966-8480 to schedule your free consultation with our firm.
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