If CID makes a prosecutorial recommendation, a file will be forwarded to the United States Attorney. The file will contain a special agent’s report stating the reasons why the agent believes a criminal prosecution is appropriate. Once the United States receives the special agent’s report, your criminal tax attorney will have the opportunity to argue why criminal prosecution is not appropriate. We believe this meeting is invaluable. This is because it is our position that an Assistant United States Attorney may be more receptive to legal arguments involving the conduct of an Internal Revenue Service Auditor or Special Agent (failure to give adequate Miranda warning, unlawful searches, or Fourth and Fifth Amendment defenses), or practical prosecution issues such as voluntary disclosures defenses, reliance on others, mistake of law, or instances where the government has failed to prove guilt beyond a reasonable doubt.
Taxes can always be a stressful issue, even if everything goes as planned. Our success stories speak for themselves, the outcomes include a great number of six and seven-figure verdicts and settlements.