Mitigating Sentences in Complex Tax Evasion and FBAR Non-Compliance

Represented defendant charged with multiple counts of tax evasion, as well as failure to file FBARs. Despite conviction after a one month jury trial, and a tax loss of approximately $400,000+ resulting in a Sentencing Guidelines range of 78-97 months incarceration, the client was sentenced to 6 months incarceration, in addition to 6 months and 1 day home detention.

Commentary: “For a defendant who forced the government to prove its case at trial, rather than plead guilty, [client] got off with little more than a slap on the wrist. Indeed, [client] faced up to 552 months in prison if convicted. While many might attribute this to a stroke of luck or to some pixy dust that [client] was sprinkled with before ‘walking the plank’ into court last week, nothing could be farther from the truth. Credit must be given where it is due. While [client] may have lost at trial, the fact remains that his attorney[s] achieved a nearly impossible result – a period of incarceration following a trial conviction that was significantly less than what he would otherwise have received if he had waived his right to go to trial and pleaded guilty. And for that, [client] has his attorney[s] to thank.” http://www.deblislaw.com/hsbc-india-client-convicted-of-hiding-offshore-accounts-from-irs.html

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