Blog

Getting Immunity from the Government Before Cooperating

We have previously addressed how truth is in the eye of the beholder and, when the beholder is a federal agent or prosecutor, failing to confirm what the government believes the truth to be can lead to charges . However, there are times when it is in the client’s best interest to meet government agents and prosecutors and answer questions. Before that meeting takes place, it is important to agree ...

What To Know When Served With A Subpoena Duces Tecum

We have previously addressed why you should not speak to law enforcement without experienced counsel with you. Those articles were entitled “ If I Am Innocent Or Have Nothing To Hide, Should I Talk To The Police? No, Giuliani Was Right – ‘The Truth Isn’t The Truth,’ ” and “ What Did Noor Salman Say to the FBI And Why You Should Never Talk To The Police Without a Lawyer. ” Usually after law ...

Offshore Voluntary Disclosure Program Is Over, But You Should Still Worry If You Have Unreported Money Overseas or Held in Cryptocurrency

The government’s ability to collect taxes comes from the U.S. Constitution. To collect taxes, Congress created a series of criminal and civil statutes. The Treasury Department used these statutes to promulgate a series of regulations to assist in collecting taxes due the government. Unlike many countries, the government taxes income of U.S. citizens both living within the United States and abroad. ...

If I Am Innocent Or Have Nothing To Hide, Should I Talk To The Police? No, Giuliani Was Right – “The Truth Isn’t The Truth.”

In our article, “ What Did Noor Salman Say to the FBI And Why You Should Never Talk To The Police Without a Lawyer ,” we discussed why you should never talk to authorities without a lawyer. People reading that article may naturally think that speaking to the authorities is appropriate when you are innocent and have nothing to hide. We have represented clients who believed they were innocent, spoke ...

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 ...