Criminal Defense Lawyers

New York Payroll Tax Fraud Lawyers

Payroll tax fraud is the intentional misrepresentation or reporting of false or inaccurate wage income information to the Internal Revenue Service (IRS). Payroll tax fraud is also characterized as tax evasion, due to the reporting party’s effort to evade paying the appropriate tax amount. Payroll tax fraud can be committed by either an employee or an employer. The allegation of tax fraud is very serious and the consequences of being found guilty of the same can range in severity from penalties and fines, to criminal charges and incarceration. If you are involved in a situation pertaining to payroll tax fraud it is imperative that you speak an attorney who is experienced in this area of law, as soon as possible. Here, are a few examples of payroll tax fraud, and what to do if you are confronted with this legal issue.

1. Payroll Fraud Committed by Employees
Employees have been accused of committing payroll fraud by altering payroll records for their own benefit or for the benefit of another employee. In other instances, payroll managers and other employees in charge of payroll have been accused of creating false employees for the business they work for in order to receive the fake employees wage earnings. Although there are far more examples of payroll fraud schemes occurring in the work place, it is important to know that the allegation of payroll fraud is very serious and should be considered so in your determination whether you need legal representation.

2. Payroll Fraud Committed by Employers
Employers also find themselves on the wrong side of allegations regarding payroll fraud. For example, it has been alleged that employers have filed false payroll tax returns, or have filed false or inaccurate W-2 statements for their employee(s) in an effort to evade paying appropriate taxes. The impact of an allegation of fraud for any business can be detrimental both to the business reputation, and to the business financially given the potentially severe consequences of being found guilty of payroll tax fraud.

3. Speak with a Lawyer
Whether you’re an employer or an employee involved in allegations of payroll fraud, it is prudent that you speak with an attorney as soon as possible. In consulting with an attorney, you can determine if your issues require legal representation. If so, your attorney can immediately take measures to protect your interests and rights. Although there are many general practice attorneys who can represent you in court on allegations of fraud, there are many challenges to a case involving payroll fraud. Therefore, it is important to consult with and retain an attorney or law firm that is specifically experienced in this area of law and litigation.

Spodek Law Group, P.C. - NYC Criminal Attorneys

5.0

Based on 745 reviews

George Fernandez

14:16 30 Apr 24

Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.

Raj

21:33 24 Apr 24

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!

Yelva Saint-Preux

19:26 19 Apr 24

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.

Katherine Sun

18:08 18 Apr 24

my lawyer is Alex Zhik. Efficient, patient and professional

Nun ya

17:48 18 Apr 24

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.

Keisha Parris

20:45 15 Mar 24

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.

Taïko Beauty

16:26 15 Mar 24

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!

K Mar

01:37 25 Jan 24

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.

4. Gather Evidence and Information Relevant to Your Claim
Once you have retained legal counsel, it is imperative that you and your attorney work together to obtain all relevant documents and information necessary to support your position or allegations. Having all of the information and evidence compiled in the early stages of litigation or settlement discussions, is extremely important. Not only does it give your attorney the confidence he or she needs to represent your claim effectively, it also gives your attorney the possible leverage he or she needs to steer the other side into settlement rather than protracted litigation.

5. Next Steps
If you and your attorney are unable to gain the other sides cooperation in settling the matter outside of court proceedings, than you and your attorney can discuss the next steps necessary in order to resolve the issue most effectively. If criminal fraud charges have been filed in your case your lawyer can speak with the district attorney and Judge directly on your behalf.

Dealing with your current or former employer, or your current or former employee, regarding payroll tax fraud allegations can be a daunting task. Matters are further complicated if the district attorney has filed criminal charges. In either situation your best option is to have an experienced payroll tax attorney on your side.

Payroll tax fraud is more common than you think. It does not necessarily always involve an intentionally criminal act in order to violate the tax laws. The Employment Development Department (EDD) is responsible for identifying payroll tax fraud and typically acts very swiftly when it finds about about potential fraud. This can happen just by mistakenly providing the wrong employee information to the EDD or not providing enough information about an employee. If there is a misunderstanding between your payroll department and the EDD, this can be something that is rectified with the EDD, but it is much easier to handle with a skilled attorney negotiating on your behalf. The worst thing you can do is ignore a notification from the EDD that your business is under investigation for payroll tax fraud because it could lead to very serious consequences down the line.

Some businesses attempt to hire employees “under the table” to avoid responsibility for payroll taxes. Instead of paying those employees in the traditional sense, businesses will use a cash system to try to avoid detection by the EDD. Another way that businesses get in trouble with the EDD is by improperly classifying employees as independent contractors so that they do not have to pay payroll taxes for them. If an employee is working for a business on a regular basis, he or she is not truly an independent contractor. The classification of regular employees as independent contractors is an issue that spans many different industries. Small businesses often think that they can more easily skirt the line on this issue because the size of their payroll is not large enough to catch the government’s attention. This is not a good approach to take when it comes to managing your business’s payroll because it can land you in a world of hurt very fast.

If you receive notice that your business is under investigation by the EDD, you should act quickly to hire an experienced payroll tax fraud lawyer to help you navigate through this scary and intimidating process. You could be subjected to search warrants and surveillance if the EDD investigation is based on suspicion of criminal activity. This is not something that you want to face without the support and advice of a talented lawyer on your side. Even if you had no intention of doing anything criminal, your business could be exposed to heightened scrutiny from the government just by being flagged for potential payroll tax fraud. This can lead to negative press and is a risky situation for any business to find itself in.

When it comes to choosing a lawyer to defend your business in a payroll tax fraud investigation, you should make sure that your attorney has experience in this area of law and can point to other business clients who have received favorable outcomes. A lawyer should be able to negotiate a more favorable settlement on behalf of your business with the EDD. Even if you end up having to pay out of pocket for payroll taxes owed, you may get a much better deal with the government by relying on the representation of an experienced attorney.

Even though finding out that you may have an issue with payroll tax fraud can be daunting at first, responding to the investigation quickly and in a way that will not harm your business in the future is within your control. Consulting with a trusted payroll tax fraud lawyer is the first important step you can take in making this problem a thing of the past. Make the decision today to do something about your payroll tax fraud problem so that your business can continue to prosper.