Nick Lotito & Seth Kirschenbaum

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Atlanta couple alleged to have filed false federal tax returns

Atlanta residents may not be aware of all of the various types of criminal fraud charges. Some kinds of fraud are investigated and charged at the state level, while other types are under the jurisdiction of the federal government. Any tax fraud charge involving federal taxes would be prosecuted at the federal level, and the consequences for conviction can be quite serious.

An Atlanta couple, for example, was recently indicted for allegedly operating a federal tax fraud scheme where false tax returns were filed using the stolen identities of hundreds of individuals. The refunds obtained through filing these returns were then purportedly applied to blank prepaid debit cards. If convicted on all charges, the couple could face several years of jail time, as well as hundreds of thousands of dollars in fines. The government is also seeking the return of all the funds that were allegedly stolen.

The crime of fraud is broadly defined. Essentially, criminal fraud is an intentional deception committed against an individual or legal entity for either monetary or other personal gain. To prove fraud, prosecutors have to show that a defendant intentionally made a misrepresentation of material fact that the injured party relied on, and that there was an actual loss due to the reliance on this misrepresentation. Most criminal fraud is considered a felony offense and is punishable by jail time, fines, and restitution to the victim.

Federal tax fraud cases can be complex and it is important that individuals facing such charges be able to properly defend themselves. Atlanta residents facing a federal criminal charge of tax fraud should know that an experienced criminal defense attorney can offer assistance with protecting the defendant's rights and looking out for their best interests.

Source: Atlanta Business Chronicle, "Metro couple indicted in identity theft/tax fraud scheme", Jacques Couret, June 27, 2013

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

918 Ponce de Leon Avenue, N.E. Atlanta, GA 30306 Phone: 404-692-5168 Fax: 404-872-1622 Atlanta Law Office Map