Bronx Tax Evasion Fraud Lawyers
Understanding Tax Evasion in New York: Identifying Fraud, Consequences, and Legal Defenses
When a person in New York engages in systematic and willful actions that cause them to avoid paying taxes, this could be considered a form of tax evasion. This crime could also result from providing a tax agency with falsified documents in an effort to avoid reporting taxable income. Some financial experts suggest millions of taxable dollars are unreported by individuals in New York. This could be the result of income that does not provide a paper trail that making it not possible to be discovered by a taxing agency and more.
Identifying Tax Fraud
Tax fraud could be committed by individuals, business as well as tax preparers. This could take the form of a person failing to file a tax return. They could file a tax return but fail to report all their income. This happens when taxes that have been assessed but are not paid. Tax evasion could also result from untaxed liquor, cigarettes, motor fuel and other items being sold and no tax being collected.
Legal Consequences
People who are charged with tax evasion could be found guilty of having committed a serious crime. The state of New York has laws concerning tax evasion that are similar to such laws in other states. A person can only be prosecuted in New York if a prosecutor has evidence the action of tax evasion was done with intent. Their action cannot be the result of an honest mistake or an opinion.
Sentencing Factors
The type of sentence a court may give a person found guilty of tax evasion will be determined by numerous external factors. This will include the amount of tax avoided, the number of people involved as well as proven intent and more. These factors will influence sentencing as well as the amount of interest charged on taxes owed and time spent evading taxes. Once a person in New York is convicted of tax evasion, the focus will be obtaining the money involved. It can also result in court forcing a person to pay penalties of up to $100,00 or more. A person could also be incarcerated for up to five years.
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Tax Fraud Categories
- Willfully and Knowingly Filing a False Tax Return or Supplying False Information: This occurs when a person intentionally provides false information on their tax return as well as supporting documents. This also involves omitting material information, files and documents.
- Willful Participation in a scheme to defraud the state of New York: This occurs when a person organizes a system for hiding revenue from the taxing authorities. This could involve getting tax free goods and not selling them using traditional methods. It could also involve having a system for not reporting actual income.
- Willfully not remitting collected taxes to the state: A business will collect withholding taxes from its employees as well as sales taxes from its customers. When a business misappropriates this tax revenue; a business owner could be subject to prosecution. It some cases; it could be prosecuted as a felony.
- Intentionally and willfully evading paying taxes: This occurs when accurate income tax returns or sales tax information is filed, but a person or business does not pay the required tax.
- Issuing false exemption certificates: Tax evasion occurs when false documents capable of eliminating a claim of tax such as a resale certificate, inter-distributor sales certificate and more are issued by a company.
Legal Defenses
There is some key legal defense a New York tax evasion attorney can utilize to protect their client.
- Insufficient Evidence: It may be possible to demonstrate to a court the proof provided is not enough to show a person intentionally did not pay the correct amount of tax. If a person is ill during tax filing time and then forgets to file, this may not be considered tax evasion.
- Lack of Intent: There are things a legal professional can do to show that illustrates their client had no intent to avoid paying their taxes or the correct amount of taxes. It is very easy for a person to be confused by a taxing authority’s regulations. They could innocently provide the wrong information or pay the wrong amount of tax for a period of time. A client may not be aware they are doing anything wrong.
- Taxing Authority Mistakes: It is possible in some cases for the taxing authority to be the one who has made a mistake. There have been situations where they have gone after the wrong person with a name similar to someone who has actually evaded paying taxes. The taxing authority may not have realized the right documents were filed, and the right amount of tax was paid.
- Statute of Limitations: This is a law that makes it not possible for people to be prosecuted for a crime committed after a specified number of years have passed. In the state of New York, the statute of limitations for tax evasion is the same as for a non- federal offense. It is currently five years. This means a person will not be able to be prosecuted for tax evasion five years after it was alleged to have occurred.
Legal Help
When a person or business in New York is accused of tax evasion, it is a complicated situation. There could be accounting issues to deal with as well as legal issues. This is the time a person should speak with a legal professional. They will have experience and knowledge with successfully handling complicated tax cases for their clients