Tax Fraud Lawyer in Miami Lakes

If you’re being investigated for tax fraud or face tax fraud charges in Miami Lakes or Miami-Dade County, protecting your legal rights and preparing a robust defense is essential to prevent the severe consequences of a conviction.

Tax fraud attorney, Nayib Hassan, will defend you against state or federal charges, starting with a free and confidential consultation to discuss your situation…

What is tax fraud?

Tax fraud involves the intentional evasion of taxes, such as sales tax or income tax. The fraud can be prosecuted at either the state or federal level, depending on the taxes involved and the scope of the violation.

Either way, cases are aggressively prosecuted and require experienced legal assistance to successfully defend.

Tax fraud charges typically require willful acts like:

• Underreporting income.
• Falsifying records.
• Inflating deductions.
• Failing to remit collected sales taxes.

State tax fraud

Florida state tax fraud primarily deals with sales or corporate tax evasion. Florida Statute § 212.12(12) criminalizes the willful failure to collect, remit, or report taxes to the Florida Department of Revenue.

Cases are prosecuted by the Florida Department of Revenue’s Office of Criminal Investigations, which often refers cases to state courts via the local State Attorneys’ Offices or the statewide prosecutor.

Federal tax fraud

Federal tax fraud is defined by the Internal Revenue Code, mainly 26 U.S.C. § 7201 for tax evasion. This addresses the willful attempt to evade taxes, while § 7206 addresses fraud and false statements.

Federal cases often involve larger sums or interstate elements, and multiple federal agencies may be involved. They can become very complex and are prosecuted by the IRS and DOJ in federal courts. Generally, harsher penalties are associated with federal offenses than state offenses.

Types of tax fraud cases we defend

At the Law Office of Nayib Hassan, our Miami Lakes tax fraud lawyers have extensive experience in defending both state and federal cases. Our attorneys can defend you robustly if you are accused of the following types of tax fraud:

• Filing false or fraudulent tax returns.
• Failing to report income.
• Violating tax laws with offshore accounts or foreign income.
• Willful non-compliance with payroll tax laws.
• Willful non-compliance with sales tax laws.
• Identity theft–related tax fraud.
• Business and corporate tax fraud.

IRS audits sometimes escalate into criminal investigations. Our tax fraud lawyers will protect your rights, ensure that you are treated fairly, and provide the best possible opportunity to successfully answer the charges.

Penalties for tax fraud in Florida

Minor negligence in tax reporting, such as small unintentional errors without fraud intent, is usually prosecuted as misdemeanors in Florida. That changes if willfulness can be proven:

• Offenses become felonies, with penalties up to five years in prison, hefty fines, and restitution/back taxes payable even for simple cases.
• Asset seizure and liens against property may also result from tax fraud charges.
• The long-term consequences of a lifelong criminal record can affect employment, professional licenses, education, travel, immigration status, and more.

Falsifying records or underreporting sales tax with intent to defraud the state will also result in state-prosecuted felony charges, escalating further if there is proof of repeated non-filing or large-scale evasion.

Aggravated cases, such as the repeated willful failure to remit collected sales taxes, may be charged as a second- or third-degree felony with up to 15 years imprisonment, depending on the amounts involved.

Federal tax fraud charges for willfully evading or attempting to evade paying income tax owed to the IRS can result in even more severe penalties:

How can a tax fraud lawyer help?

To convict a person of tax fraud, the prosecution must prove that:

1. The taxpayer owes a tax obligation (for federal cases, usually a substantial obligation).
2. The taxpayer willfully and intentionally committed an affirmative act to evade paying the tax.

Proving these two elements can be made considerably more challenging with the help of a tax fraud attorney experienced in defending such cases.

Whether you are facing state or federal tax fraud charges, early intervention is essential —ideally, you should reach out to us during the investigation, even before charges are filed. We will help you to:

• Communicate with the state or federal investigators.
• Prevent self-incrimination.
• Challenge evidence and intent
• Negotiate reduced charges (e.g., misdemeanor tax evasion) or case dismissal.
• Present your defense at trial if necessary.

You must understand the warning signs of an investigation turning criminal and avoid saying or doing things that could make the situation worse. Contact a tax fraud lawyer as early as possible in the investigation—before any formal interviews begin.

Who do we represent?

• Individuals and families.
• Small business owners.
• Corporate executives.
• Accountants and tax professionals.
• High-net-worth clients.

Common tax fraud defense strategies

Typically, a tax fraud attorney will base your defense on one or more of the following arguments:

• Lack of intent or willfulness: Tax fraud convictions require an affirmative and willful action.
• Errors as opposed to criminal conduct: You were negligent rather than willfully fraudulent.
• Reliance on an accountant or tax professional: This defense may be used if you reasonably relied in good faith on the advice of a qualified accountant, provided no willful blindness or personal knowledge of inaccuracies existed (most taxpayers cannot be expected to discern an error in the advice from a qualified accountant).
• Insufficient or illegally obtained evidence: The authorities followed incorrect procedure during the investigation or arrest, violating your legal rights.
• Statute of limitations defenses: These can apply in state or federal cases, but often fail for proven willful fraud or non-filing, which have no time bar.

Whichever defense works best in your case, a tax fraud attorney will identify where your best opportunity to clear your name lies.

Contact us today to start your defense

At the Law Office of Nayib Hassan, we have an extensive track record of favorable outcomes from handling “white collar” cases over many years in the Miami Lakes and Miami-Dade County criminal courts.

As an ex-prosecutor in the State Attorney’s office, Nayib Hassan has handled thousands of cases ranging from misdemeanors to felonies and tried hundreds of cases to verdict.

If you require legal representation, are being investigated, or have been charged with tax fraud in the Miami Lakes area, please do not hesitate to contact us online for a free consultation with a qualified tax fraud lawyer.