Category Archives: Tax fraud

Tax Fraud Cases May Be Easier to Defend But Don’t Count Your Chickens

For most crimes, the government must prove that the defendant acted intentionally. This seems like it should be a fairly high bar particularly in white-collar criminal cases but it’s not. For most crimes, the government need only prove that the … Continue reading

Posted in Appeal, Tax fraud | Leave a comment

Keep Your Friends Close – The Second Circuit Strengthens Common Interest Privilege

The common interest (sometimes called “joint defense”) privilege serves an invaluable strategic role in complex white-collar cases. It allows the targets of an investigation to work together, without fear that the government will discover their communications or shared work product. … Continue reading

Posted in Joint Defense Agreements, Tax fraud, Uncategorized | Tagged | Leave a comment

First, We’ll Blame the Lawyers: Second Circuit Grants New Trial in Remarkable Jury Taint Case

This is the kind of case that wakes up lawyers in a cold sweat at night. The Second Circuit recently granted a new trial to a defendant after the trial court found that he had waived his right to a … Continue reading

Posted in Appeal, Jury issues, Tax fraud, Uncategorized | 4 Comments

The Government Cannot Keep Seized Evidence Forever: Second Circuit Decision on Electronic Data

On June 25, 2014, the United States Supreme Court issued a unanimous opinion in Riley v. California, holding that the government generally cannot conduct a warrantless search of a suspect’s cellphone. The decision was front-page news. Most precedent about warrants … Continue reading

Posted in Appeal, Fourth Amendment, Search warrant, Tax fraud | Leave a comment

The Largest DBE Contracting Fraud. Yes, Ever.

Government contracting fraud has been a hot area for the Department of Justice these last few years. And who can blame it? It’s a huge amount of money being handed out by many agencies, sometimes with less oversight than is … Continue reading

Posted in Government contracting fraud, Sentencing, Tax fraud | Tagged | 3 Comments

Hey, I’m a Guest Blogger!

The kind folks at White Collar Crime Prof Blog let me post over there today (thanks Ellen!). The Second Circuit issued a great opinion for white collar defendants limiting the continuing conspiracy theory. Finally, a court has reined in the … Continue reading

Posted in Appeal, Conspiracy, Dismissal of charges in indictment, Tax fraud | 1 Comment

Corporate Kickback Charges That Involve Private Jets, A “Gentleman’s Club” and Marketing for Pharmaceutical Companies

Michael Mitrow, Jr. and his brother Matthew Mitrow were recently charged in a superseding indictment for a corporate kickback scheme in the Southern District of New York. The Brothers Mitrow were executives of an unnamed marketing agency. According to the … Continue reading

Posted in Commercial Bribery, Conspiracy, Criminal Investigation, Honest Services, Indictment, Kickbacks, Mail Fraud, Tax fraud, Wire Fraud | Tagged | 1 Comment

In Tax Fraud Case Against Investment Company Executives, Are the Clients the Next Targets?

Two Tampa businessmen, Duane Crithfield and Stephen Donaldson, Sr., were indicted for conspiracy to commit tax fraud, based on an allegedly fraudulent tax strategy for affluent clients. The defendants have not yet entered pleas. Are the “affluent clients” the next … Continue reading

Posted in Conspiracy, Criminal Investigation, Tax fraud | 1 Comment