Tax Fraud Lawyer in San Diego, CA
Fraud is used as an umbrella term in a number of cases with the focus always placed on some wrongdoing against a greater entity. Often defendants are accused of ignoring requirements or extorting loopholes within systems involving money. Tax and bank fraud are the two most common allegations of fraud. A tax fraud lawyer can help you battle the IRS and understand what you do or do not owe at the end of the day.
A bank fraud lawyer, however, can work with you to understand the extremely confusing language bank’s use of their user agreement contracts. Each aspect if fraud has the ability to be a genuine, and simple mistake. So how do you defend yourself against allegations of fraud? Hire a fraud defense lawyer who can compassionately guide you through the process of fighting this case.
Tax Fraud Lawyers
If you’re dealing with allegations of tax fraud or tax crimes it is easy to feel like you don’t have any options. Know that you do and that a tax fraud lawyer can help you through this tough time. Criminal and civil cases of tax fraud are handled separately. Each aspect working independently until they both reach you. Feeling the effects of both criminal and civil sanctions at the same time or one after another only further aggravates this feeling of helplessness.
If you’ve been accused of any of these crimes:
- Fraudulently failing to comply with the tax code
- Intentionally failing to file your income tax
- Knowingly does not pay due taxes
- Intentionally does not report their entire income
- Preparing a false claim
- Providing false information on a tax claim
You may face serious time in a federal prison for tax fraud. Tax fraud is defined as the willful attempt to avoid or otherwise evade laws regarding taxes or attempted to defraud the IRS.
How to Know if it’s Negligence or Fraud
The IRS knows that the laws and regulations surround taxes are complex and difficult for many people to understand. If you find yourself trying to decipher the complex set of rules that govern tax code, you probably need professional help managing your taxes.
Having issues with your taxes don’t immediately mean you are subject to fraud charges. Tax fraud lawyers can help you identify where you or your tax preparer deviated from the law. Most often issues are careless errors rather than fraud. Business owners or people are on the receiving end of tax fraud charges because they don’t understand the rules. Tax fraud lawyers are usually ready to help individuals and businesses identify what is a careless error, or an honest mistake.
Willful evasion of the tax code in many circumstances the IRS tax auditor will identify a mistake or carelessness as negligence. The IRS can still find you or your business as much as 20% of the underpayment for a penalty. This penalty fee is something you’re subject to even if the mistake was honest and unintentional.
Usually, the IRS can tell if an error is from negligence or purposeful fraud. Tax auditors are on the lookout for these common signs of fraud:
- Purposeful underreporting of income
- Use of a fake or false Social Security System
- Claiming a dependent on your taxes that you have no right to claim
- Claiming d dependent on your taxes that does not exist
- Listing personal expenses as business expenses for deductions
- Having multiple ledgers, or accounts
- Falsifying documents
- Concealing income transfers
- Using more deductions or exemptions than they are entitled
These are the tell-tale signs of purposeful fraud that aren’t normally present in cases of negligence.
Does the IRS Know Who Commits Tax Fraud?
In short, the IRS has key suspicions in who is most likely to commit tax fraud. They suspect that service workers who receive tips or are paid mostly in cash are likely to attempt to defraud the IRS. Tax fraud lawyers can help service workers show that any issues are negligence and that you were targeted because of their employment status.
Another commonly suspect of tax fraud is self-employed people who work in mostly cash-based businesses. These are identified as highly likely to commit tax fraud. Fraud defense lawyers identify that although it is easy to underreport cash income many self-employed business owners don’t have formal training or well-developed knowledge in tax law. The IRS identifies these as “high-risk” workers:
- Restaurant workers
- Restaurant owners
- Clothing store owners
- Car dealers
- Hairdressers and salon workers
- Automotive Mechanics
This is a list that spans across many industries and targets not only blue-collar but white-collar workers as well. However, this doesn’t mean that a tax fraud lawyer can’t help you draw attention to how you are a target of the IRS.
Criminal Investigations for Fraud
As mentioned earlier, the IRS can pursue both criminal and civil cases for tax fraud or evasion. A fraud defense lawyer should have a thorough knowledge of the tax code to help you understand the alleged violations you are facing. Criminal investigations are done through criminal investigation agents who are in a different branch of the IRS that works as its own law enforcement. They investigate money laundering, banking violations, and tax crimes. Often these criminal investigators use advanced methods of detection to obtain computer information that you have protected through either encryption or passwords.
However, the tax system claims to rely on voluntary compliance and self-assessment. The IRS claims they discourage publicizing convictions or pursuing prison time for offenders except in extreme cases. This is difficult to prove or assess because they are private about convictions and when a person is publicly sentenced to jail time there is scrutiny for not protecting that person’s privacy more. This is another reason why it is important to retain a tax fraud attorney. They have more information on possible sentencing, fines, penalties, and possible prison time.
What Penalties are Possible for Tax Fraud?
As a taxpayer, you are expected to adhere to all tax laws and regulations. When you willfully attempt to avoid this, you are subject to both civil and criminal investigation and penalties if fraud is identified. The extent of the fraud, as well as the type of fraud, will both factor into what penalty applies to your case. Tax fraud lawyers work diligently to foresee what an IRS criminal investigator will pursue.
If you are found guilty of willfully attempting to evade taxes this is a felony offense. Upon conviction you are subject to the possibility of:
- Up to 5 years of jail time
- Fines up to $250,000 for individuals
- Fines of up to $500,000 for businesses
These penalties don’t account for the cost of prosecution. Tax fraud lawyers can help you identify court costs and fees that aren’t included in what you’re paying your fraud defense lawyer.
If you’re found guiding of blatant fraud or false statements this is also a felony but has different penalties. The penalties for fraud and false statements are:
- Up to 3 years of jail time
- Fines up to $250,000 for individuals
- Fines of up to $500,000 for businesses
Although the term “fraud” seems harsher than “evade” the penalty here is for less time in jail because there was not an attempt to “evade” taxes.
The final standard charge people experience is the willful failure to pay taxes at the time required by law. This includes the refusal to provide information or file a return. The penalties for this offense are as follows:
- Conviction of a misdemeanor
- Up to 1 year of jail time
- Fines of up to $100,000 for individuals
- Fines of up to $200,000 for companies
In addition to the cost of prosecution these fines, even as the lowest penalty possible for tax fraud, is not something most people are capable of in a short time frame.
San Diego CA Bank Fraud Lawyers
Contact a bank fraud lawyer when you are faced with any number of state or federal charges that include theft of assets or money through fraudulent methods. A bank fraud lawyer can help you understand the details of these charges and what to expect throughout the investigation and prosecution processes.
These crimes are typically considered non-violent, and white collar. Although this does not directly affect your sentencing it will affect how you are inputted into the prison system. If you are held in custody, detained, or processed into the prison system this crime will not categorize you as a violent offender. Instead, you are likely to see processing go through a minimum-security “white-collar” prison. Always discuss the charges you are facing with a bank fraud lawyer first to understand the steps necessary to resolve these charges.
What Charges Qualify as Bank Fraud?
Many offenses may appear as though they are fraud, but bank fraud is a specialized segment of fraud and only certain charges are marked as “Bank Fraud”. These can include:
- Petit larceny
- Obtained a loan through false pretenses
- Grand larceny
- Check fraud
- Credit card fraud
- Created fraudulent records relating to a financial institution
This list isn’t all-inclusive as there are other nit-picky charges that also qualify as bank fraud. A fraud defense attorney is most likely to have knowledge in handling the above charges. If your charges do not fall on this list, consult with a bank fraud lawyer and interview them on how comfortable they are handling your special case.
I’m Charged with Bank Fraud. Why are there Other Charges Listed?
Bank fraud is one section of the law that often leads to a plethora of charges pressed against a person for a set of instances. For instance, you are charged with bank fraud. However, the allegations you face claim that as part of your efforts to commit bank fraud you also committed mail fraud, and computer fraud.
Investigators will regularly claim that a person, to convert funds from a financial institution to your own are associated with a variety of charges associated with fraud. Eventually, they may use an umbrella term such as embezzlement. These crimes can quickly escalate in severity because this usually involves interstate commerce, making these charges a federal offense.
This is one reason why having a bank fraud lawyer is important. They can work with you to create an aggressive defense to show your innocence. Bank fraud lawyers are regularly working to identify overlapping issues within a single case and identify a strategy to navigate this overlap.
Embezzlement qualifies as a form of bank fraud and is dependable with a bank fraud lawyer. It is a federal violation and embezzlement, in particular, relates to assets or funds which are deceitfully or illegally discloses.
Typically, this is seen in employee theft from financial institutions. The transfer of money from one bank by another or to an employee for personal use is the red flag that catches the most attention for embezzlement. Many times people don’t understand the full extent of what they are doing, People who commit embezzlement often believe they’ve found a loophole that leaves them with an extra dollar or two in their pocket. If you’re accused of embezzlement, it is important to know that it is a felony offense you are facing and will need to consult a fraud defense lawyer.
Immediately contact a fraud defense lawyer because these charges are not going to blow over on their own. You need someone who will work diligently to protect your rights and represent your best interests in court.
Why Hire a San Diego Bank Fraud Lawyer?
Unlike many other areas of the law, bank fraud is highly specialized and requires in-depth knowledge. Not only does this knowledge need to encompass the written law, but applied wisdom is required in these cases. Because each case of bank fraud is unique it is difficult for attorneys to immediately know which defense is best. Instead, you will need to meet with your bank fraud lawyer to ensure that all the details and accounts of the alleged fraud or embezzlement are clear. Then a fraud defense lawyer can identify areas of the law that apply to the specifics of your case.
Protect your rights as a citizen to ensure you are given a fair trial and have the right to explain your side of the events. Although negligence and ignorance are not valid defenses in most bank fraud cases there are many avenues that are available to you. Each option must carefully be weighed by a fraud defense lawyer who can represent you. The penalties in many bank fraud or embezzlement cases are extreme and you don’t want to take your chances.
Penalties for Bank Fraud in San Diego, CA
Charges of bank fraud, not including additional or overlapping charges are very serious. Taking into immediate consideration that they are all felony offenses, they each can lead to significant jail time, and heavy fines. The common penalties for embezzlement, bribery, or any of the other generalized bank fraud charges include:
- Up to 30 years in prison
- Fines up to $1,000,000
- Cost of prosecution
These are heavy consequences for anyone. On top of it, bribery can exceed $1,000,000 if 3 times the bribe amount is higher. Many banks and states consider these as very serious offenses and do everything they can for penalties to appear as serious. Fines, probation, and jail time are standard in all bank fraud convictions. The punishment is largely dependent on the severity of the crime and the dollar amount in question. Occasionally, additional circumstances such as mitigating evidence are considered during sentencing, this is never guaranteed. This is why you shouldn’t go to court without a fraud defense lawyer who has your interests in mind.
Unintentional Bank Fraud
Unlike tax fraud where the federal government understands that the laws and rules are difficult to understand, bank fraud does not allow for intent to affect the case. Whether the act was committed intentionally or unintentionally bank fraud is not taken lightly. Defrauding a financial institution is a serious crime and there is no room for negligence or ignorance. Private discussions regarding property value or the value of another asset are a red flag for bank fraud. Given that the discussion wasn’t part of any business transaction or recorded properly this looks suspicious to any investigator.
Contact a San Diego Fraud Defense Lawyer
Whether you are facing charges because of unpaid taxes, negligence or fraud contact a tax fraud lawyer to identify what options are available to you. It is in your best interest to retain a fraud defense lawyer as soon as possible to navigate the situation throughout the investigation and prosecution process. You have options and many attorneys understand that you are more likely facing fines of negligence than charges for tax fraud.
If you are charged with bank fraud you need to contact a fraud defense lawyer immediately. An attorney can take the time to thoroughly explain the allegations and your rights as well. Protecting your rights is a key point throughout the bank fraud prosecution, often these cases are dismissed on legalities when a person’s rights are violated. Contact a fraud defense lawyer at San Diego Criminal to protect yourself.