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Selecting a Criminal Attorney, When Winning is Your Only Option, Revisited

Selecting a Criminal Attorney, When Winning is Your Only Option, Revisited

Selecting a Criminal Attorney: If you learned that you were the target of a federal investigation, who would you call? How would you select a lawyer to represent you? In October of 2016 this blog discussed a number of factors that affect the outcome of federal criminal jury trials. This subject matter is revisited with newly published data by the United States District Courts.

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Motion to Suppress Evidence from Search Warrant Obtained by Deception, U.S. v. Stenlin, 2010-1 U.S.T.C. P50,212 (N.D. TX 2010)

Taxpayers charged with filing false tax returns sought to suppress evidence obtained through the execution of two search warrants based upon alleged deception by the agents. Alternatively, Defendant requested a Franks hearing. See, Franks v. Delaware, 438 U.S. 154 (1978).

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Concealment of Fraud Extends the Statute of Limitations

Indictment Charging Tax Evasion Was Not Barred By the Statute of Limitations Even though the Tax Return Had Been Filed More Than Six Years Earlier Because the Taxpayer Provided Bogus Documents to the IRS Subsequent to the Filing of the Tax Return to Conceal the Fraud.

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Civil Tax Lawyer & Conflict in Criminal Tax Trial

Taxpayers Were Convicted of Tax Evasion and Conspiracy. Defendants Alleged That Their Civil Tax Lawyer Had a Conflict of Interest Because He Rendered Tax Advise that Was In Issue at the Trial But Acted as Criminal Trial Counsel For One of the Defendants. Defendants Moved for New Trial Based Upon This Conflict. The convictions were affirmed.

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OFFSHORE VOLUNTARY DISCLOSURE PROGRAM

The Offshore Voluntary Disclosure Program continues to be offered by the IRS to encourage taxpayers who have failed to accurately report funds held in foreign bank accounts and income derived abroad to make full disclosure and avoid potential criminal sanctions

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