Blog Posts in 2019

DOJ Announces Criminal Charges Against Healthcare Professionals in Multiple States

On September 27, 2019, the U.S. Department of Justice issued a press release summarizing multiple healthcare fraud cases recently filed nationwide. The targets of the government's cases involve telemedicine companies, cancer genetic testing laboratories, and over 170 medical professionals, including doctors. The federal indictments were filed in U.S. District Courts in Florida, Georgia, Louisiana, ...

Can the Government Sue Me Through E-Mail?

If “You’ve Got Mail” from Government Agencies, “You’ve Been Served” Can I Be Sued Through E-Mail? Federal agencies with civil enforcement authority, like the Securities Exchange Commission, Internal Revenue Service, and others, can bring civil lawsuits against individuals and entities who may have violated the laws those agencies are charged with enforcing. Like any civil action, the government ...

U.S. Department of Justice Cracks Open Another Swiss Bank

LLB Verwaltung (Switzerland) AG, formerly known as Liechtensteinishe Landesbank AG (LLB-Switzerland), a Swiss-based private bank, settled with the U.S. Department of Justice and agreed to pay a penalty of $10,689,554.64. In turn, the Department of Justice agreed not to prosecute the bank for tax-related crimes. The Justice Department’s agreement with Verwaltung AG is part of the Government’s ...

Cryptocurrency Holders: Beware Receiving IRS Letters

We have previously discussed the IRS using John Doe warrants to obtain information about U.S. taxpayers, as well as data analytics to target those with potential tax and criminal liabilities. In addition to targeting traditional tax cheats, the IRS is also looking at those holding cryptocurrencies in their financial portfolios. The IRS treats cryptocurrencies, also known as virtual currencies, as ...

Federal Civil Enforcements, Equity Receivers, and Parallel Criminal Investigations Ensnare Innocents

Recently, the public has learned a great deal about rampant abuses in federal and state civil forfeiture programs, particularly how they run afoul of liberties guaranteed by the Constitution. This has forced Congress to look into the programs to determine what changes are warranted. But a similar legal scheme resulting in far more egregious Constitutional violations has escaped Congressional ...

Trump, 'the Squad,' and the Government Regularly Taking Statements Out of Context

The dominant news story is about whether elected Congressional members or the President took statements out of context for political gamesmanship. Americans are not shocked at this spat between branches of government, but most are shocked to learn that the government uses this political tool against citizens in criminal courtrooms. When citizens speak to law enforcement, the government decides ...

Civil and Criminal Penalties for Failing to File Tax Returns

Income taxes are due to the IRS on or before April 15 th each year. That means, unless you requested an extension, you must file your tax return and pay your tax by April 15 th . An extension gives you time to file the tax return but taxes need to be paid by April 15 th . Civil Penalties The IRS can impose separate civil and criminal penalties for failing to file taxes and failing to pay taxes. ...

What Lawyers Need to Know About Currency Reporting

Many attorneys are unaware of the legal requirements to report currency transactions. On one occasion, I was speaking to about 90 attorneys on the legal requirements to report currency received in the practice of law. At the beginning of my presentation, I asked how many of the audience had knowledge of currency reporting requirements. There were four lawyers who raised their hands. Each of them ...

If you have not filed your 2018 taxes yet, you are not alone.

Although 10% of U.S. taxpayers requested a 6-month filing extension, they represent approximately 80% of the total adjusted gross income tax liability . In our practice, we have been able to help individuals who failed to file a tax return one year and thereafter were hesitant to file. The IRS has a Voluntary Disclosure Practice (VDP) which provides a means to potentially avoid criminal ...

CPA Sentenced to 5 Years in Prison for Aiding in the Preparation of False Income Tax Returns

The Justice Department, as well as the Internal Revenue Service Criminal Investigation Division, vigorously enforce Title 26 U.S.C. §7206 (2), which is commonly known as the "Preparer" statute. This law makes it a felony that is punishable by imprisonment for up to 3 years, and a fine of not more than $100,000 for any person who willfully aids, assists, procures or advises the preparation or ...