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New York Tax Investigations & Defense

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Practice Group Leader

Cathy Fleming

Attorneys

William J. Comiskey

Mark A. Harmon

Mark S. Klein

Michelle Merola

Harold J. Ruvoldt

Joseph V. Sedita

In the current environment of greater tax-related accountability, companies, directors, officers, and employees are facing increasing government scrutiny and more severe criminal and civil penalties. Hodgson Russ’s New York Tax Investigations & Defense Practice Group has the substantive knowledge, negotiating skills, and trial experience required to help guide our clients though the entire tax defense process.

Our attorneys draw on their knowledge of all areas of New York State and New York City tax law as they routinely respond to subpoenas and investigative demands, defend clients at depositions and interviews, represent clients during residency audits, and counsel clients about their obligations under various government regulatory guidelines. We have successfully defended corporations, partnerships, and individual clients under investigation for or charged with alleged violations of a wide variety of offenses, including:

• Tax shelter abuses
• Money laundering and check kiting
• Unreported income and fictitious expenses
• The misappropriation of sales tax and employment tax trust funds
• Tax fraud and nonfilers

Whether the tax in question is income, corporate, sales and use, withholding, gift and estate, cigarette and tobacco, unincorporated business, or motor fuel, we have extensive experience in navigating the complex and murky waters of the tax codes.

Our team of experienced attorneys also defends businesses accused by whistleblowers of committing tax fraud under the newly enacted New York State False Claims Act.

Our goal is always to use our experience and creativity to resolve tax issues before charges are filed and investigations become public, and our understanding not only of the tax codes but also of the offices of special agents and prosecutors assists in exploring every avenue to help avoid criminal charges. However, when litigation is necessary, our clients benefit from our extensive experience appearing before virtually every court in New York and from our willingness to work tirelessly to try to obtain the most favorable outcome possible.

The attorneys in our New York Tax Investigations & Defense Practice Group provide representation in grand jury proceedings, district attorney and U.S. attorney investigations, and revenue crimes bureau and special investigation unit examinations, as well as before the audit divisions of the New York State Department of Taxation and Finance and the New York City Department of Finance.

Among the frequently asked questions we receive are:

• Tax agents have shown up unannounced and want to talk to me. What should I do?
• What is a district attorney grand jury investigation, and why have I received a subpoena?
• Investigators are asking questions and requesting documents about me and my business. What does this mean?
• What are the advantages of voluntarily coming forward before I become a target?

Prospective clients are urged to seek our counsel before responding to inquiries or making statements to investigators or auditors — all communications with our attorneys are confidential and privileged. Hodgson Russ has been awarded a prestigious Best Law Firms Metropolitan Tier 1 ranking by Best Lawyers/U.S. News & World Report in the Tax Law category.