It is so easy for the state to track purchases,that it makes it easy for them to identify stores that report less sales than they do purchases. It is a dead giveaway if the sales and purchases do not come close to matching. Many of the small businesses keep a double set of books or run two registers to under report true taxable sales. They under report actual sales and the State is deprived of the revenue. You can be prosecuted for filing false reports. It is a felony and you face time in prison. If you are not a United States Citizen and get convicted of a felony involving moral turpitude you can face deportation or be denied admission back into the United States if you return to your country for a visit. If you get a visit, a call or a letter from the Department of Revenue, and you think you may have a problem, you need to get immediate advice from an experienced criminal lawyer who has experience handling sales tax cases.
Experienced, Dedicated and Relentless Representation on Tax Violations
If you under investigation for tax violations, it may be tempting to just ignore the problem and hope that it goes away. To do so may be a critical mistake. Peter Aiken has over 30 years experience in fighting the IRS and State agencies on all types of tax violations. Tax violations can and will put you in jail if not properly defended. Experience counts.
Tax violations may prove to be nothing more than a simple mistake or an oversight. We can help you stop the problem before it starts. Contact our Florida white collar defense lawyers online or call 941-366-3506 to schedule a meeting to discuss your situation.
If You Answer Yes to Any of the Following Questions, We Can Help
Do not wait until you have been charged or arrested for a tax crime. The attorneys at Aiken, O’Halloran & Associates can provide you with a solid defense before things even get to that point. If you answer yes to any of the following, you should speak with us immediately:
• Have you failed to file your 1040?
• Has your business missed a deadline for filing?
• Have you filed a false return omitting income?
• Have you claimed phony deductions?
• Have you cheated on sales tax?
• Have you not paid your employer taxes?
• Have you committed tax evasion?
Act Now Before the IRS Knocks on Your Door
Do not wait for the IRS to come to you. Attorney Peter Aiken is a former IRS special agent and a former federal prosecutor. With this knowledge combined with more than 30 years of criminal defense experience, Peter has handled hundreds of tax investigations and trials. He can put this experience to work for you.
You may be entitled to amnesty. A proper voluntary disclosure may help you avoid prison. However, you should NEVER go it alone with the IRS. Do not speak with an agent until you speak with us first. Confession may be good for the soul, but if it is not done right, it could land you in jail.
We Handle All Types of Fraud Charges
If you are concerned about a tax error or a fraud investigation, it is never too late to get help from an experienced Sarasota fraud defense attorney at Aiken, O’Halloran & Associates. We have extensive experience in all areas of federal white collar crime, including money laundering, mortgage fraud, Medicare fraud, SEC fraud, wire fraud and mail fraud.
Call for a Consultation with a Florida Tax Crime Defense Attorney
The sooner you talk with us, the better able we are to start preparing a defense and protecting your rights and your interests. Contact our Sarasota IRS tax fraud defense lawyers online or call 941-366-3506 to arrange for a free initial consultation.
IRS ignores favorable evidence
A tax return preparer, was charged with preparing false tax returns with false deductions and false schedule C expenses on seven tax returns. The IRS sent in an undercover agent to have a tax return prepared in the hope that she would create a phony return. When she correctly calculated the tax, the agent repeatedly suggested that she really needed a refund. The Defendant refused to create any false deductions and the agent left. The meeting was secretly recorded. The IRS agent when testifying before the Grand Jury concealed the favorable evidence, an action that would come back to haunt the Government in the criminal tax trial. This evidence of innocence became a focal point in the trial and ultimately resulted in the acquittal. The Special Agent testified that he did not deem the evidence excuplatory in direct contradiction of the testimony of the undercover Special Agent who said it was highly exculpatory. The Government learned the hard way that it does not pay to hide evidence. The tax Preparer was found not guilty on all seven charges of tax fraud. As a former Special Agent and former prosecutor myself, I can tell you that honesty is the best policy in working tax investigations. Even if the evidence is against you, you still have to disclose it. The IRS hopefully will learn a lesson from this trial. If you have any questions about this trial feel free to blog on contact me at any of my three offices. If you are under investigation for a possible tax offense, never turn over your records or agree to an interview without talking with an experienced criminal tax lawyer
A recent report from FinCEN, a government agency responsible for enforcing the Bank Secrecy Act (BSA), details a new approach the department is taking to analyze returns relating to escrow accounts (IRS Form 8300) from 2003-2011 to search for irregularities to prosecute.
The assumption the department is making is that difficult financial times may motivate lawyers, bankers, real estate agents, and other professionals who work with escrow accounts to defraud or otherwise misue their escrow accounts.
There is therefore little question that in the immediate future we will see a significant increase in auditing of escrow accounts and of prosecutions for the misuse of escrow funds.
At Aiken, O’Halloran & Associates our attorneys have extensive experience evaluating and litigating complex financial cases. Peter Aiken, a founding parter of the firm, is a former IRS Special Agent and Enforcement Attorney with special skills in this regard.
Only you know if you may have a problem arising from the use of your escrow account. Do not wait until the police are knocking at your office door to prepare a defense.
EL NUEVO BASE DE DATOS DE DROGAS UN ÉXITO PARA EL COMPLIMIENTO DE LA LEY 2015
La nueva base de datos de drogas está produciendo un caso tras otro de la ilícita búsqueda de médicos para conseguir medicamento en Sarasota, Bradenton y Palmetto. Las clínicas de manejo del dolor están ahora bajo un mayor escrutinio, así como ciertos médicos que escriben cantidades inusuales de recetas para Oxycotin, la oxicodona, Roxicodone, Xanax, e Adderall. Las investigaciones no se limitan a la especialista en manejo del dolor y en los próximos meses pacientes “encubiertos” pueden ir a visitar médicos en cuestión.
El aumento real de las recetas ha sido para las personas que visitan a varios médicos. El mayor interés en las compras de médicos le ha aumentado el “precio de venta de la calle” de opiáceos populares y un subproducto triste parece ser un aumento en el consumo de heroína. Otro nuevo enfoque de la policía es a la inversa a la redada donde los policías utilizan informantes para solicitar a los posibles compradores de las píldoras ilegales. La policía ahora ofrece medicamentos a precios de ganga para inducir a los compradores desprevenidos a comprar las pastillas en cantidades de tráfico. Como un abogado penalista de Sarasota me parece que esta táctica más reciente de la policía es como
Professional athletes like baseball and football players sometimes find themselves being charged with Federal crimes like tax evasion, making false statements under penalties of perjury and taking phony deductions on their 2014 federal income tax returns. The fact is that many of the professional athletes when they get their signing bonus and huge salary simply are not aware of theFederal tax laws and the tricky requirements of the Tax Code.
If you are a professional athlete and you have been notified that you are under audit or worse yet you get a visit from a Special Agent with the Criminal Investigation Division of the Internal Revenue Service, do not take it lightly. You could find yourself under Indictment facing prosecution in United States District Court for tax evasion and end up in Federal Prison. The Federal Courts simply do not care if you are famous and the sentences are driven by the Federal Sentencing Guidelines. I am a former IRS special agent and was a Federal Prosecutor in Miami years ago and can tell you that the IRS can be your worst enemy. There is no fairness in our tax system. If you make big bucks you can find yourself in big trouble. Many times it is not your fault. Your accountant may have taken deductions you are not entitled to in an attempt to save you money. He is not the one who will go to jail, you are.
If you are under investigation for taxes or are concerned that your tax return is not correct or if you have not filed a tax return contact a tax attorney.
The word is that the U. S. Attorney’s office is about to return a series of tax crime Indictments in Tampa. Over the last couple of years there has been an enormous number of false tax returns filed based on stolen identification and identity theft. The returns that are filed usually contain false claims for earned income credits and the returns generally show refunds of less than ten thousand dollars. The returns are filed electronically and the refunds come in the form of what amounts to debit cards that are generally sold on the street for fifty cents on the dollar. The Feds have been working on this for months and with the filing season just around the corner you can bet that there will be a series of arrests for filing false tax returns, preparing false tax returns and money laundering within the next thirty days. As a former IRS Special Agent and Former IRS prosecutor, I know how very tough it is to go up against the power of the United States Government. There are defenses that can be raised to some of these types of charges. They still have to prove that you are the one that either filed or prepared the false return. The Feds are looking to hand out big time in Federal Prison to put a halt to this problem. If you get indicted for tax fraud or if you learn that you are under investigation for some type of tax crime, call a tax lawyer.
Most people never intend to fall behind on sending in their monthly sales tax report. It just happens. Business is slowing down in Sarasota, Manatee, Hillsborough, Pinellas and Lee counties or bills are piling up and you just don’t have the money in your business account to pay the Florida sales tax to the Department of Revenue. The money that you collected on sales just seemed to slip away paying the bills and keeping the business open. Sales Tax collected may have gone to pay payroll, the utilities or some other necessary expense. The bottom line is you have fallen behind on the sales tax payments and now are months behind. This happens often and many times the business actually has to shut down. The problem is, not sending the money to the Department of Revenue is a crime and you can be prosecuted.
The sales tax money that you collected is not your money. Sales tax collected belongs to the State of Florida and you can be charged with grand theft for each month that you failed to send it in. Even if the business is shut down, the criminal investigators from the Florida Department of Revenue will try and put you in jail. As a Florida Criminal Defense Lawyer, I have been defending people in sales tax investigations for over thirty years. I have defended car dealers, restaurant owners and retail merchants who simply fell behind with taxes and in desperation tried to keep the business open.
If you find yourself in this tax situation and have been contacted by a criminal investigator, contact a Tax attorney immediately. Do not turn over your records or agree to meet with the investigator without talking to a lawyer. Even if you have gone Bankrupt, you are not protected from criminal tax prosecution. As a Florida Criminal Attorney who handles sales tax and payroll tax cases,I have helped individuals in the past to convince the investigator that personal circumstances beyond your control contributed to the problem. Do not wait until you are arrested for grand theft. Each month can be charged as a separate offense and even if you are hurting for money, it will be worse if you get arrested. If you fell behind or went out of business and owe sales tax you can call my office discuss your situation.
As more and more Counties adopt ordinances targeted at stopping the sale of Synthetic drugs, and as more and more legislators jump on the band wagon, you can expect to see law enforcement take a different approach.The small mini markets, head shops and convenience stores may see themselves subjected to sales tax audits or examinations.The sale of synthetic marijuana (like spice) and bath salts are generally in cash under the counter.The store owners in all likelihood are not paying sales tax on these types of sales.The Florida Department of Revenue can track sales of alcohol and tobacco by tracing purchases.That is quite another problem when they are dealing with the sale of substances that are questionable and generally purchased in cash.There is also yet another problem.If money is being made under the table and not reported, it is possible for the Internal Revenue to target those selling the synthetic weed for an IRS criminal investigation.As a former Federal Agent and former Federal Prosecutor, I can tell you that there are many ways to skin a cat.Al Capone, the famous gangster went to prison on tax evasion charges, not the various racketeering crimes.A criminal tax investigation is a back door way for law enforcement to accomplish their goals.
If you get a letter that you are being examined for Sales Tax or worse yet, get a notice from the IRS that you are targeted for audit or even worse yet the subject of an Internal Revenue Criminal investigation call a tax attorney immediately.Do not simply turn over your records and expect to talk yourself out of trouble.You can be prosecuted for sales tax evasion or income tax evasion and both are felonies.If you are convicted and if you are not a United States citizen, you can be deported.Do not take lightly a notice that you are under audit or under investigation.I have defended tax evasion cases for thirty years in the Federal Courts here in Florida in Tampa, Miami, Ft. Lauderdale and Palm Beach.Do not get lulled into a false sense of security and think the investigation will simply go away.
In Sarasota this week a local restaurant owner was arrested for not paying his sales tax. In hard times, sometimes business owners trying to stay afloat do not send in sales tax collected. Most people do not realize that it is a crime not to remit sales tax collected from customers. The money belongs to the State and if not sent in, it constitutes grand theft. Grand theft can land you in jail.
Often there are reasons for this oversight and often the problem can be solved or prevented if there is early intervention. The State likes to make a example of the few people that they do prosecute. As a former prosecutor myself and former IRS agent I often defend people arrested for sales tax crimes. I have represented liquor store owners, used car dealers, convenience store owners and many small business when they get behind on their taxes. Sometimes it is not just a matter of being behind but a matter of having actually filed false or inaccurate returns. If you are under investigation or feel that you may have a problem with the Department of Revenue I am available for a free consultation. Do not think you can simply talk your way out of a criminal investigation. You have a right to remain silent and you better do so until you talk to an attorney. Do not wait until you are arrested. I have negotiated payment plans in the past for individuals instead of being arrested.