Nick Lotito & Seth Kirschenbaum

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Tax season yields criminal indictments

Every year, billions of dollars' worth of fraudulent tax returns are filed, creating thousands of federal criminal cases. A recent federal grand jury charged 12 people with over a hundred counts related to tax violations. The indictments allege that the group obtained personal information from medical records, like patients' social security numbers, names and dates of birth.

Though tax season is on people's minds this time of year, tax violations occur throughout the year, especially in the corporate world. Tax evasion can occur year round in businesses that are required to pay taxes quarterly. However, it is during tax season that those who attempt to file fraudulent tax returns make moves.

Because of the federal indictments handed down, 21 more arrests are expected to take place in various states after thorough federal IRS investigations.

Someone who has been accused of tax violations should remember that a criminal charge and a subsequent indictment are still only accusations, wholly defendable. The law provides the opportunity to defend one's self, and the burden of proof remains on the prosecutor. It is up to the prosecutor to produce evidence solid enough to convince a judge or jury of the defendant's guilt, and there are many ways to prevent evidence from being entered into the court case.

Even though a grand jury returns indictments, a skilled attorney will be able to defend the case and make sure that every route to acquittal or dismissal is explored. In the early stages of a criminal case, there are many opportunities to work hard to make charges disappear.

Source: Loan Safe, "Twelve Defendants Charged with 115 Federal Tax Violations," Evan Bedard, Apr. 3, 2013

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

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