Miami Tax Fraud & Evasion Lawyers
Getting charged with tax fraud or evasion in Miami can be really scary. The penalties are super harsh–you could end up in prison for years and have to pay huge fines. But there’s hope! Don’t panic. Read this article to understand the charges, penalties, defenses and get advice from a caring human (me!) on how to handle it.
What is Tax Evasion?
Tax evasion–also called tax fraud–is when you intentionally avoid paying taxes that you owe. You may not report income, lie about expenses, hide money offshore, etc. Basically being shady about taxes to keep more money for yourself. The IRS takes this seriously.
Miami Tax Evasion Penalties
If you’re convicted of tax evasion in Miami, you’ll have to pay back ALL the money you didn’t pay before. Plus you could get fines and jail time. Not fun!
- Fines – If you evaded $301–$20,000 in taxes, up to $5,000 fine – If you evaded $20,001–$100,000 in taxes, up to $10,000 fine – If you evaded over $100,000 in taxes, up to $100,000 fine
- Jail Time – 1st degree felony: Up to 30 years in prison – 2nd degree felony: Up to 15 years in prison – 3rd degree felony: Up to 5 years in prison
The federal penalties for tax evasion can be just as bad as Florida’s. If you’re convicted under federal law IRC § 7201, you could get:
- Up to 5 years in federal prison
- Up to $100,000 in fines
- Paying all the prosecution costs
So you’d be looking at major fines, years behind bars, and a hefty legal bill. The federal government does not mess around when it comes to tax evasion!
Recent Miami Tax Evasion Cases
Here are some real examples of people who got busted for tax evasion in Miami:
- In 2022, a Miami healthcare CEO was sentenced to over 8 years in prison for a $38 million tax fraud scheme where he didn’t report income from his clinics. He also had to pay $20 million in restitution to the IRS.
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- In 2021, two Miami residents pled guilty to hiding over $2.6 million in foreign bank accounts and not reporting it on their taxes. They had to pay back taxes and got 5 years probation.
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- In 2020, a Miami businessman got 3 years in prison for evading over $800,000 in taxes by hiding money in secret offshore accounts.
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What To Do If You’re Charged
If you’ve been charged with tax evasion, stay calm and call an experienced criminal tax defense lawyer right away. They can help protect your rights, build defenses, and try to reduce penalties. It’s scary, but you’ve got this! A caring legal expert can walk you through it.Some lawyers to consider:
- [Ralph Behr]
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– Experienced tax evasion defense attorney in Miami
- [Tony Moss]
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– Miami lawyer focusing on tax crime defense
- [The Hansen Law Firm] – Miami tax fraud defense attorneys
Possible Defenses for Tax Evasion
There are a few legal defenses that could potentially beat tax evasion charges:
- You lacked intent – The prosecution must prove you knowingly and intentionally evaded taxes. If you made a mistake or didn’t realize you were breaking the law, you may not have criminal intent.
- No tax deficiency – If your tax return was accurate and you didn’t actually owe more taxes, there’s no fraud. Clerical errors don’t count.
- Reliance on a tax professional – Hiring an accountant or tax preparer shows you tried to comply with tax laws. Their mistakes may get you off the hook.
- Duress or necessity – Extreme circumstances like threats of violence forced you to evade taxes.
An experienced Miami tax evasion lawyer can analyze the facts of your case and decide if any of these defenses could apply.
How Tax Evasion Cases Progress
Tax evasion cases typically follow these steps:
- IRS audit – If your tax returns seem suspicious, the IRS will audit you. They dig deep into your documents.
- Criminal investigation – If auditors find strong evidence of intentional fraud, they refer you to the IRS Criminal Investigation Division.
- Charges filed – The Department of Justice reviews the investigation and may file formal criminal charges against you.
- Arrest – Once charged, you may be arrested and booked into jail until your trial.
- Pretrial motions – Your lawyer can challenge evidence and try to get charges dismissed pretrial.
- Plea bargain – Many tax evasion cases end in a plea deal to avoid trial. This caps your penalties.
- Trial – If no plea deal, your case goes to trial. You need an aggressive tax attorney to defend you.
- Sentencing – If convicted, the judge gives you fines and jail time based on law and circumstances.
However, don’t let the length of this process allow you to think you can wait to speak to a lawyer. It’s essential to talk with a Miami tax fraud lawyer as soon as possible. Before your case makes it to court, you will need an experienced lawyer on your side who can help you through the long process of dealing with IRS investigators and prosecutors.
How a Lawyer Can Help
The penalties for federal tax fraud are governed by the Internal Revenue Code. Section 7201 of the Code states that if convicted you could serve up to five years in prison and pay up to $100,000 in fines, or both, for each offense.Having an experienced tax fraud lawyer at your side can help in the following ways:
- Advise you of your rights and options during the investigation
- Examine the evidence to find weaknesses
- Negotiate with prosecutors for reduced charges or penalties
- File motions to suppress evidence or dismiss the case
- Develop an aggressive trial strategy if necessary
- Present evidence and cross-examine witnesses during trial
- Make persuasive arguments to convince the jury of reasonable doubt
- Guide you through the complex sentencing process
Going up against the IRS is formidable, an experienced Miami white collar attorney could have a significant impact on the outcome of your case. An attorney can raise any number of pretrial motions on your behalf.
Possible Defenses for Your Lawyer to Raise
Common defenses to tax evasion include:
- Lack of intent – Argue you did not willfully commit fraud or deception.
- Statute of limitations – The deadline to charge you may have expired.
- Entrapment – The government induced you to commit tax evasion.
- Improper IRS procedures – Mistakes in the audit or investigation violated your rights.
Your Miami criminal tax lawyer will thoroughly analyze every aspect of your case to determine the best defense strategy. Having an experienced attorney in your corner can make all the difference.
Conclusion
Dealing with tax evasion charges is scary. The penalties are severe and can ruin your finances and freedom. But skilled legal counsel can help protect your rights, avoid conviction, and reduce penalties if convicted. Don’t go it alone against the IRS! Call a caring, experienced Miami tax fraud lawyer right away to discuss your case. With an attorney’s help, you have a much better chance of a positive outcome.
: https://www.justice.gov/usao-sdfl/pr/healthcare-executive-sentenced-more-8-years-prison-38-million-medicare-fraud-and-tax[2]: https://www.justice.gov/usao-sdfl/pr/two-miami-residents-plead-guilty-hiding-over-26-million-secret-offshore-accounts[3]: https://www.justice.gov/usao-sdfl/pr/miami-businessman-sentenced-three-years-prison-evading-payment-more-800000-taxes[4]: https://www.ralphbehr.net/