El Paso Tax Fraud Attorney
Given the complexities of state and federal tax law, even simple mistakes can lead to penalties. Tax fraud is a far more serious matter, however, since it involves intentionally underpaying taxes in violation of applicable tax laws. Because both civil and criminal penalties apply to tax crimes, anyone facing tax fraud charges should consult an experienced white collar crimes attorney.
Benjamin Law Firm, located in El Paso, he has tried tax fraud cases in Texas. If you are facing state or federal tax fraud charges, we will provide you with powerful representation and mount an aggressive defense on your behalf. Founding attorney Brock Benjamin is a former prosecutor and Board Certified in Criminal Law by the Texas Board of Legal Specialization, which makes him well-equipped to defend your tax fraud charges.
Because tax fraud cases often begin with an anonymous tip to the Internal Revenue Service or state authorities, the prosecution may have had a head start building its case against you. For this reason, it is critically important to contact our aggressive tax fraud defense attorneys as soon as you can. Working with our accomplished legal team can mean the difference between freedom and serving a lengthy prison sentence.
When you consult Benjamin Law Firm, we will explain all your rights, carefully evaluate the evidence against you, and consider all your options. We understand the nuances of tax law and will work to achieve the best possible outcome for your case. Above all, we will always put your best interests first and fight to protect your freedom and your future.
What is Tax Fraud?
It is important to distinguish tax fraud from tax avoidance, which involves using legitimate means to mitigate tax liabilities, such as tax deductions and tax credits. By contrast, tax fraud occurs when an individual or business deliberately misstates income or assets to avoid paying taxes.
Tax fraud is classified as a white-collar crime, a nonviolent, financially motivated offense that combines elements of deceit, concealment, and a violation of trust. In particular, tax fraud involves a wide range of illegal activities, including:
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Tax Fraud in Texas
Because Texas does not impose a personal income tax, the state’s primary source of revenue is the sales tax. Therefore, tax evasion cases typically involve businesses engaging in sales tax fraud, which occurs when a business intentionally and knowingly:
- Fails to file or pay taxes
- Submits false tax records
- Fails to report accurate gross sales
- Fails to produce records for inspection
Sales tax fraud may also involve the use of automated sales suppression devices or software to alter electronic records (e.g transaction reports). If your business is facing sales tax fraud charges, you should know that both your business and your personal assets may be in jeopardy, depending on how the entity is structured. When your life’s work is at stake, you need the powerful representation Benjamin Law Firm provides.
Penalties in Texas
The penalties for tax fraud in Texas depend on the amount of the unpaid taxes. In addition to paying any taxes owed, the charges and penalties include:
- First-Degree Felony — Amount greater than $200,000, punishable by 5 to 99 years in prison and a fine of up to $10,000
- Second Degree Felony — Amount greater than $100,000, but less than $200,000, punishable by 2 to 20 years in prison and a fine of up to $10,000
- Third Degree Felony — Amount greater than $20,000, but less than $100,000, punishable by 2 to 10 years in prison and a fine of up to $10,000
- State Jail Felony — Amount greater than $1,500, but less than 20,000, punishable by 180 days to 2 years in prison and a fine up to $10,000
- Class A Misdemeanor — Amount greater than $500, but less than $1,500, punishable by up to 1 year in jail and a fine up to $4,000
- Class B Misdemeanor — Amount greater than $50, but less than $500, punishable by up to 180 days in jail and a fine up to $2,000
- Class C Misdemeanor — Amount less than $50, punishable by a fine up to $50 (no jail time applies to Class C Misdemeanors in Texas)
In addition, the state comptroller has the power to revoke or suspend business sales tax permits as well as to deny future permits. Because the penalties for tax fraud in Texas are severe, it is crucial to have an aggressive tax fraud attorney handle your case. With Benjamin Law Firm in your corner, you increase the likelihood of avoiding or mitigating tax fraud penalties.
How Benjamin Law Firm Handles Texas Tax Fraud Charges
Given that many businesses rely on third-party providers to manage their taxes, there are a number of viable defenses our legal team can raise against sales tax fraud charges. In a sales tax fraud case, the state will gather evidence that includes sales receipts, books and ledgers, bank records, transaction reports and other data to support its allegations.
Our tax fraud attorneys have the skills and resources, such as ediscovery, to challenge the validity of the state’s evidence. We will also determine whether law enforcement or investigators conducted unlawful surveillance and move to have any such evidence suppressed.
Remember, as your criminal defense attorneys, our job is not to prove your innocence. Instead, the state must be able to prove beyond a reasonable doubt that you had the intent to commit sales tax fraud, which is a high burden of proof. Rest assured that our dependable legal team is here to protect your rights, your business, and your future.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Contact Our Experienced Texas Tax Fraud Attorneys
Being convicted of tax fraud can have lasting repercussions for your future, and the resulting fines and penalties can place you in financial jeopardy. With so much at stake, it is crucial to work with a criminal defense attorney who knows how to fight tax fraud charges.
Brock Benjamin is a premier white-collar crimes defense attorney serving clients in the state of Texas. Over his many years of practice, attorney Benjamin has established relationships with federal prosecutors, IRS agents, and government officials who view him as a dedicated advocate and an honest broker.
Unlike other criminal cases, tax fraud cases require a high degree of legal and financial sophistication. Our attorneys are familiar with applicable provisions of the Internal Revenue Code, the Texas Criminal Code and other relevant statutes. In addition, we routinely collaborate with a network of respected CPAs and financial experts on tax fraud cases who can provide compelling information and testimony. Together, we will work tirelessly to protect your business and personal assets, as well as your reputation.
At Benjamin Law Firm, we are committed to providing you with the finest legal representation and achieving the best possible outcome for you. When you work with our winning legal team, we will never judge you and always presume your innocence. Although our objective is to achieve, no criminal or civil liability outcomes in tax fraud cases, we will carefully weigh the strength of the evidence against you and consider all your options.
A tax fraud charge is a serious matter that demands a vigorous defense. The sooner you call Benjamin Law Firm, the sooner we can start protecting your freedom. Contact our office today to set up a free evaluation of your case.
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"Nothing Short of Amazing"
He did a thorough investigation of the facts and communicated every detail with me. Whenever I was in doubt, I’d call him.- Trish K. -
"Very Happy With His Services"
Great to work with and he gets back to you in a timely manner. He was able to go into court & get my brother's order of protection dismissed! Very happy with his services! Highly recommend Mr. Benjamin.- Tanya D.