Tax Evasion Defense in Northern Virginia
Former Prosecutors & Public Defenders Fighting for You
King, Campbell, Poretz, and Mitchell attorneys include former prosecutors and public defenders who understand how the government builds these cases from the inside. That perspective directly informs how we build the defense. We’ve handled white collar matters across Fairfax, Prince William, and Arlington Counties since 2008, with offices in Alexandria and Leesburg.
Our attorneys work as a team, so every client’s matter draws on more than one perspective and over a century of combined courtroom and negotiation experience in white collar and financial crime defense.
If you or your business is under investigation for tax evasion, don’t wait to get counsel involved. Call King, Campbell, Poretz, and Mitchell at (703) 468-8557 before speaking with any government agent.
What a Tax Evasion Charge Actually Requires
Tax evasion is a federal felony under 26 U.S.C. § 7201, which makes it a crime to willfully attempt to evade or defeat any tax or its payment. A conviction carries a fine of up to $100,000 (up to $500,000 for a corporation), up to five years in prison, and prosecution costs. The word “willfully” is doing a lot of work in that statute. The government must prove you intentionally tried to evade a tax you knew you owed. A genuine mistake or a good-faith dispute about what was owed isn’t evasion. That distinction is often where defense strategy begins.
Charges arising in Northern Virginia may land in different courts depending on whether the case is pursued federally or at the state level. Federal tax evasion cases are filed in the U.S. District Court for the Eastern District of Virginia. State-level charges can appear in the Alexandria Circuit Court. Investigations typically begin with the IRS Criminal Investigation Division, which employs sworn law enforcement special agents rather than the civil revenue agents who handle routine audits. The FBI and Virginia State Police sometimes work alongside IRS CI on complex cases.
How We Approach the Defense of Tax Allegations
We start each white collar matter the same way: a detailed review of how the evidence was gathered, what it actually shows, and where procedural or factual weaknesses exist. Financial evidence in tax cases is rarely as clear-cut as the government presents it, and forensic analysis often reveals gaps or errors in the government’s loss calculations.
Our attorneys have established relationships with forensic professionals, including computer and phone forensics professionals, who can independently evaluate financial and digital records. We pursue pretrial motion practice aggressively to suppress improperly obtained evidence and to challenge the government’s factual narrative before trial. Throughout the process, our attorneys consult with one another on each file so no issue goes unexamined.
Restitution, Forfeiture, & Federal Sentencing in Tax Cases
A federal tax evasion conviction can trigger two separate financial consequences that are easy to conflate. Restitution is meant to make the government whole for taxes owed; forfeiture is meant to strip away any profits the defendant gained through the offense. A defendant can be responsible for both. We address these issues early in any representation because the long-term financial impact of a large restitution or forfeiture order can exceed the sentence itself.
Sentencing exposure in federal financial crimes is governed primarily by U.S. Sentencing Guideline section 2B1.1, which ties the recommended punishment range directly to the calculated loss amount. The higher the government’s loss figure, the higher the guideline range. We work to negotiate that figure as early as possible, since it anchors every later conversation about resolution or sentencing. Federal district courts must also weigh the factors in 18 U.S.C. § 3553(a), including the seriousness of the offense and the defendant’s history and characteristics. When a case reaches sentencing, we prepare a detailed memorandum presenting guideline arguments, mitigating factors, and context about the client’s background.
When a Civil Audit Turns Into a Criminal Investigation
A routine IRS audit is handled by revenue agents focused on adjusting tax liability. A criminal investigation is conducted by IRS Criminal Investigation special agents, who carry badges and build cases for prosecution. The two processes can overlap: a civil audit can become a criminal referral if examiners find evidence they interpret as intentional fraud. By that point, the taxpayer may have already made statements without counsel present.
We advise clients not to speak with IRS CI agents, FBI investigators, or any other law enforcement officer about a financial crime allegation without an attorney present. Even accurate, well-intentioned responses can complicate a defense. Our attorneys are familiar with local filing and hearing procedures in both the Alexandria Circuit Court and the U.S. District Court for the Eastern District of Virginia, which shapes how we approach every stage from initial appearance through trial.
Contact Us About Your Tax Evasion Case
We represent individuals, small businesses, and major corporations facing tax evasion investigations and charges throughout Northern Virginia. Consultations are free, and we offer services in Spanish. The earlier we get involved, the more options may be available.
Contact King, Campbell, Poretz, and Mitchell today at (703) 468-8557 to speak directly with an attorney about your situation.
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