Shreveport Tax Fraud Lawyer for State and Federal Cases

If you are under investigation or facing charges for tax fraud in Louisiana, you need experienced legal representation. State and federal tax crimes carry fines and prison time—and, depending on the specific allegations against you, you could be facing years behind bars. In many cases, tax fraud cases will involve charges for mail fraud, money laundering and other serious crimes as well. All of this means that it is critical to have a Shreveport tax fraud lawyer on your side.

Lee Harville is a Shreveport lawyer who can help defend against tax fraud charges, with decades of experience helping his clients avoid unnecessary consequences in state and federal cases. This includes cases involving a wide range of other white-collar crimes. The sooner you hire Lee to represent you, the sooner he can get to work building your defense.

Common Issues in State and Federal Tax Fraud Cases

Allegations of tax fraud can take many different forms. As a result, if you are under investigation or facing charges, a key first step will be to ensure that you have a clear understanding of the full scope of the government’s case against you. Some examples of common allegations in cases involving income taxes, employment taxes, property taxes, and other state and federal taxes include:

• Failure to file tax returns
• Failure to report taxable income or property
• Falsifying business or financial records
• Improperly claiming credits, exemptions or deductions
• Underreporting tax liability

If you are being accused of underreporting or underpaying your (or your business’s) tax liability, avoiding unnecessary consequences will require an informed and strategic approach that takes into account the specific circumstances at hand. If you overlook any allegations (or potential allegations), you could find yourself facing charges that you could—and should—have avoided. Likewise, if you make assumptions about why the Louisiana Department of Revenue (DOR) or the Internal Revenue Service (IRS) is investigating, it could lead to an ineffective defense.

Common Defenses in State and Federal Tax Fraud Cases

As with all types of white-collar charges, the defenses available in cases involving allegations of state or federal tax fraud depend on the circumstances. With this in mind, some examples of potential defenses to tax fraud allegations include:

• Compliance with the Louisiana Revised Statutes or the Internal Revenue Code
• Lack of intent to commit tax fraud or tax evasion (the “good faith” defense)
• Reliance on advice from your accountant or tax professional
• Expiration of the applicable statute of limitations
• Insufficient evidence to meet prosecutors’ burden of proof

It is important to note, however, that while asserting these defenses may allow you to avoid criminal penalties, you could still be liable for paying the taxes you owe (plus applicable interest and penalties). As a result, before asserting defenses such as lack of intent or reliance on professional tax advice, it is critical to determine whether this is the best option under the circumstances.

How Shreveport Tax Fraud Lawyer Lee Harville Can Help You

Whether your case involves state or federal tax liability, there are several important reasons to put an experienced lawyer on your side. When you engage Shreveport tax fraud lawyer Lee Harville to represent you, he will:

1. Ensure that You Have a Clear Understanding of All of the Allegations (and Potential Allegations) Against You

To build an effective defense, you need to know all of the allegations that have the potential to result in a conviction at trial. This includes not only allegations of tax fraud, tax evasion, and other tax-related crimes, but also allegations of other white collar crimes such as mail fraud, wire fraud, and money laundering as well.

2. Evaluate All Potential Defenses Based on the Specific Circumstances of Your Case

Once you have a clear understanding of the scope of the government’s case, then you can build a defense strategy focused on addressing each of the specific allegations involved. This requires an in-depth understanding of the law, so experienced legal representation is essential.

3. Proactively Target a Favorable Resolution that Avoids Unnecessary Civil or Criminal Penalties

After formulating your defense strategy, Lee will proactively target a favorable resolution designed to help you avoid unnecessary consequences. This includes not only criminal consequences, but also additional civil liability. Depending on the circumstances, this could involve negotiating with prosecutors, seeking to avoid an indictment, or preparing to fight the government’s allegations at trial.

Tax Fraud vs. Tax Evasion: What Is the Difference?

People often use the terms tax fraud and tax evasion interchangeably, but they aren’t identical. Both involve allegations that someone violated federal tax laws, but the differences are worth understanding.
Tax fraud generally involves intentionally providing false or misleading information to obtain a financial benefit. Some of the most common examples of tax fraud include claiming deductions that do not exist, overstating business expenses, and hiding income.

Tax evasion focuses more broadly on intentionally avoiding a tax obligation that the taxpayer is aware of. While tax evasion can involve false statements on a tax return, it also includes other conduct designed to avoid paying taxes that are legally owed. This might look like concealing assets or transferring property to avoid a tax debt.

In fact, it’s not uncommon for federal authorities to charge both tax fraud and tax evasion because the alleged conduct often overlaps. Regardless of the specific charges, the prosecution has to prove beyond a reasonable doubt that you’ve committed a crime.

Why Intent Matters in a Tax Crime Case

One of the most important issues in any tax fraud case is intent. Federal prosecutors must do more than prove that a tax return contained incorrect information or that taxes were underpaid. To secure a conviction, authorities will need to show that someone knowingly underpaid their tax debts as opposed to making an honest mistake. After all, making a tax-related error can be a problem, but it isn’t fraud.

Tax laws are complicated, which is why so many taxpayers rely on accountants and other professionals to complete their returns. It’s important to understand that whether you have help or not with your returns, issues like incomplete financial records or bad professional advice don’t automatically mean you’ve committed a crime.

An experienced criminal defense attorney may present evidence showing that your issues stemmed from confusion, bad advice, or some other good-faith mistake that occurred while you were making your best effort to pay what you owe. In any of these scenarios, there isn’t enough evidence to prove beyond a reasonable doubt that you planned to defraud anyone.

Business Activities That Can Lead to Tax Crime Charges

Federal tax investigations are not limited to individual tax returns. In fact, many cases start with investigations into the returns filed by business entities. This is especially common when authorities believe taxes were intentionally avoided or financial information was deliberately falsified.

Operating a business without properly registering it with the State of Louisiana could also become part of a broader tax investigation. If prosecutors believe the business structure was used to conceal income or to avoid reporting requirements, this could become evidence the government uses at trial. Similarly, operating a business under another person’s name or using nominee owners to hide a company’s true ownership may result in allegations that the arrangement was intended to evade tax obligations.

Because many legitimate businesses make bookkeeping mistakes or experience accounting errors, prosecutors must still prove that any inaccurate reporting was intentional rather than accidental. If you’ve been accused of wrongdoing related to your tax debts, it’s crucial that you speak with an attorney as soon as possible.

Federal Penalties for Tax Fraud and Tax Evasion

Federal tax fraud convictions can carry severe criminal penalties. Under 26 U.S.C. § 7201, a person convicted of attempting to evade or defeat federal taxes faces a maximum penalty of up to five years in federal prison, a fine of up to $100,000 for an individual or $500,000 for a corporation, or both, in addition to the costs of prosecution.

Beyond the risk of federal prison or steep monetary fines, a conviction can also have lasting financial consequences as well. A judge could order you to pay unpaid taxes, interest, and civil penalties, and there are other avenues for collecting these debts at the government’s disposal. For example, you could find yourself facing asset liens or forfeiture of your property in order to pay down these obligations.

These cases come down to the strength of the evidence, and it’s not uncommon for prosecutors to rely on troves of documents in order to make their case. If you are concerned about the consequences of a conviction, it’s vital that you seek out an attorney to help you fight back.

Income Tax Crimes and Tax Controversies

1040s, 1065s, 940s, 941s, K-1s, exemptions, business deductions, deadlines, filing status, dependents, extensions, audits, and the IRS are words that come to mind every April 15th and, depending on your business or personal situation, every October 15th or possibly every quarter.

However, what would you do if a federal agent contacted you and accused you of committing a federal tax crime or of making false statements when completing a tax form? What would you do if you were accused of intentionally failing to file taxes or intentionally failing to disclose income or assets?

If you or a loved one is facing such questions, you need an attorney who has defended clients accused of committing theft of government funds, of lying on federal forms, or of intentionally violating other federal statutes. You need someone who can help you understand what you are accused of doing and who can help you decide how to best explain to the jury or to the judge what you have done and why.

Lee has experience defending those accused of federal tax crimes. He has negotiated with federal agents and prosecutors for his clients. He has advised clients when it is best to go to trial and when it is best to seek a plea deal.

Facing federal criminal charges is never easy. If you or a loved one is doing so, call today and see how Lee can help.

FAQs: Facing Allegations of Criminal Tax Fraud in Louisiana

What is the difference between tax “avoidance” and tax “fraud”?

Tax “avoidance” involves using legal strategies to minimize an individual’s or a business’ tax liability. Tax “fraud” involves illegally paying less than a taxpayer owes. In some cases, there is a fine line between tax avoidance and tax fraud, and demonstrating that a taxpayer has stayed on the right side of this line can be a key defense strategy.

What are common “red flags” that trigger a tax fraud investigation?

Failure to file a tax return, claiming the same deductions year after year, and filing tax returns that are inconsistent with information returns filed by other parties (i.e., employers and financial institutions) are all common “red flags” for tax fraud. However, these are just a few of numerous examples.

Should I talk to the IRS agents if they show up at my Shreveport home or office?

If IRS agents show up at your Shreveport home or office, you need to be very careful. In this situation, you should exercise your right to legal counsel, and you should avoid saying anything that prosecutors might be able to use against you.

Discuss Your Case with Shreveport Tax Fraud Lawyer Lee Harville in Confidence

Are you under investigation or facing charges for tax fraud in Louisiana? If so, we strongly encourage you to contact us right away. Call 318-222-1700 or contact us confidentially online to speak with Lee Harville in confidence as soon as possible.