Can You Be Arrested for Tax Fraud in New York?

By Spodek Law Group
July 9, 2024
4 min read
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Can You Be Arrested for Tax Fraud in New York?

Absolutely! Tax fraud is a serious offense in New York, and individuals or businesses found guilty can face severe penalties, including arrest. At Spodek Law Group, we understand the complexities and nuances of tax fraud cases and are here to provide you with the best defense possible. Let's delve into the specifics of tax fraud in New York, the potential consequences, and how our experienced attorneys can help you navigate these challenging waters.

Understanding Tax Fraud in New York

Tax fraud in New York encompasses a variety of illegal activities aimed at evading tax obligations. According to New York Tax Law § 1801, tax fraud acts include willfully engaging in or causing another to engage in actions such as:
  • Failing to file required tax returns or reports.
  • Submitting false or fraudulent information on tax documents.
  • Engaging in schemes to defraud the state or its subdivisions.
  • Failing to remit collected taxes.
  • Issuing false exemption certificates.
These acts are taken very seriously by the state, and the penalties can be severe, depending on the degree of the offense.

Degrees of Criminal Tax Fraud

New York law categorizes criminal tax fraud into five degrees, each with escalating penalties:
  • Fifth Degree: The least severe, involving tax evasion of up to $3,000. This is a misdemeanor with potential penalties including fines and imprisonment.
  • Fourth Degree: Involves evasion of taxes between $3,000 and $10,000. This is a class E felony.
  • Third Degree: Involves evasion of taxes between $10,000 and $50,000. This is a class D felony.
  • Second Degree: Involves evasion of taxes exceeding $50,000. This is a class C felony and can result in up to 15 years in prison and significant fines.
  • First Degree: The most severe, involving evasion of taxes exceeding $1 million. This is a class B felony, with even harsher penalties.

Potential Consequences of Tax Fraud

The consequences of being convicted of tax fraud in New York are severe and can include:
  • Imprisonment: Depending on the degree of the offense, imprisonment can range from a few months to up to 25 years.
  • Fines: Fines can be substantial, often amounting to double the amount of taxes evaded.
  • Reputational Damage: A conviction can severely damage your personal and professional reputation.
  • Loss of Professional Licenses: Certain professions may revoke licenses upon a felony conviction.
  • Civil Penalties: In addition to criminal penalties, you may also face civil penalties, including additional fines and interest on unpaid taxes.

How Spodek Law Group Can Help

At Spodek Law Group, we have a deep understanding of New York's tax laws and extensive experience defending clients against tax fraud charges. Here’s how we can assist you:

Expert Legal Representation

Our attorneys are well-versed in the intricacies of tax law and have a proven track record of successfully defending clients against tax fraud charges. We will thoroughly investigate your case, identify any weaknesses in the prosecution's evidence, and develop a robust defense strategy tailored to your specific circumstances.

Negotiation and Plea Bargaining

In some cases, it may be possible to negotiate a plea bargain with the prosecution to reduce the charges or penalties. Our attorneys are skilled negotiators who will work tirelessly to achieve the best possible outcome for you.

Trial Defense

If your case goes to trial, you can count on our experienced trial attorneys to provide a vigorous defense. We will present compelling evidence, cross-examine witnesses, and argue persuasively on your behalf to ensure your rights are protected.

Post-Conviction Relief

If you have already been convicted of tax fraud, we can assist with post-conviction relief, including appeals and motions to reduce your sentence. Our goal is to minimize the impact of a conviction on your life and help you move forward.

Call to Action

If you or a loved one is facing tax fraud charges in New York, don’t wait to seek legal assistance. The sooner you contact us, the better we can prepare your defense. Call Spodek Law Group at 212-300-5196 for a risk-free consultation. Our dedicated attorneys are available 24/7 to provide you with the expert legal representation you need.

Conclusion

Tax fraud is a serious offense in New York that can lead to severe consequences, including arrest, imprisonment, and hefty fines. However, with the right legal representation, you can fight these charges and protect your future. At Spodek Law Group, we are committed to providing our clients with the highest level of legal defense. Contact us today to discuss your case and learn how we can help you navigate this challenging situation.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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