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What the Recent U.S. Supreme Court Case on Cell Records and Duces Tecum Subpoenas Mean To You

We recently wrote about the government’s use of Civil Investigative Demands and subpoenas that can result in criminal charges . This article will address a specific subpoena, called “duces tecum,” which the Supreme Court recently elaborated on its history in the U.S. legal system in Carpenter v. United States . Duces tecum subpoenas may be used in both criminal and civil cases and are often used ...

When Cheating Spouses Cause the IRS And Prosecutors To Come After You

We routinely discuss IRS enforcement trends, but rarely in conjunction with family law matters. News outlets routinely report the divorce rate to be around 50% in the U.S., with infidelity often cited as the leading cause. A less reported reason is when one spouse is convicted of a felony. While infidelity often refers to an affair, it can also refer to a spouse failing to honor his or her ...

Risk of IRS Civil Audits and Criminal Investigations Increase for People with Unreported Offshore Accounts

The IRS and DOJ Move to Target and Prosecute Those with Unreported Offshore Accounts On September 28, 2018, the IRS is ending its Offshore Voluntary Disclosure Program . Under this program, individuals with unreported offshore accounts can obtain immunity from criminal prosecution upon successfully completing the program through full disclosure, payment of back taxes and civil penalties. The ...

How Important Are Trials and What Credentials Matter When Selecting a Trial Lawyer?

John Adams, one of the Nation’s founding fathers and the second President of the United States, once said, “Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds.” Another founder, and this Nation’s third ...

SEC Has Criminal, Civil, and Administrative Powers to Prosecute You. You Need a Lawyer with Experience in All Those Areas.

We previously discussed the Department of Justice (DOJ) increasing firearms prosecutions, leaving other federal agencies and state civil authorities to use civil legal processes to investigate and prosecute neglected white-collar crimes. One agency actively investigating and prosecuting financial frauds is the U.S. Securities & Exchange Commission (SEC). While the SEC does not have the authority ...

Can Civil Investigative Demands and Subpoenas Result in Criminal Charges?

While the news has widely reported on the Department of Justice (DOJ) increasing firearms prosecutions, the news has largely ignored DOJ’s new positions on corporate prosecutions and the increased use of Civil Investigative Demands (CIDs) and subpoenas by other federal and state agencies to bring fraud related law suits and criminal prosecutions. Although agencies like the Federal Trade ...

What Does PROOF BEYOND REASONABLE DOUBT Mean?

Those who have served on a jury in a criminal case are told that the prosecution must prove its case beyond a reasonable doubt before the jury can return a verdict of guilty. This burden is recognized as the highest burden in the American legal system. Its purpose is to ensure that before a person’s liberty can be taken away, the government must meet a high standard of proof, the highest standard ...

Choosing the Right Criminal Defense Lawyer Can Save You Years

Imagine a terrifying moment when a doctor tells you that you need brain surgery, or you will surely die. Like any surgery, there are several risks. You can choose a veterinarian, who has done many surgeries on dogs and cats, or a neurosurgeon, who has ample experience doing the surgery you need and similar complex surgeries. While the veterinarian costs substantially less and has experience doing ...

Don't Turn Your Employment Dispute into a Federal Criminal Case

Chances are you or someone you know believed an employer did not fully appreciate what the employee perceived as invaluable contributions to the organization. Invariably, the employee believes he or she was underpaid. Increasingly we see federal authorities getting involved when the terminated employee handled the employer’s information technology (IT) or social media presence and deletes data on ...

What Turns an IRS Revenue Agent's Civil Examination into a Criminal Case?

Tax professionals, such as CPAs, often confront IRS examinations into their clients’ income tax returns. Such examinations cost the client professional fees and may result in additional taxes, interest, and civil penalties. These costs may not be the worst result of an IRS examination. A more serious outcome may arise if the Revenue Agent believes the taxpayer committed fraud and refers the matter ...