Current Issues in Federal Criminal Tax: Problems for Future Litigation

Wednesday, October 26, 2016 | 6:00 pm – 8:15 pm 

Program Chair:

James Darrow | Assistant Federal Defender | Federal Defenders of New York, Eastern District of New York

  • In this seminar, an experienced panel of criminal tax practitioners will discuss a range of topics at the cutting edge of criminal tax law. The panel will present new issues and new analysis of previously settled issues. For example, panel members will discuss new developments in the law of economic substance, and tax and audit issues arising from recent deferred prosecution agreements of off-shore companies.  Although subject matter will be criminal tax prosecutions and investigations, much of the discussion and analysis will be of interest to criminal law practitioners generally. For example, the panel will be discussing recent litigation on the required records exception to the Fifth Amendment privilege, as well as recent efforts to criminalize violations of accounting principles.  Throughout its presentation the panel will highlight lessons and insights all practitioners can benefit from.

    Live Program & Webcast$99 Member | $199 Nonmember

    Government/Non-Profit: $49 Member | $99 Nonmember


  • Sharon L. McCarthy
    Kostelanetz & Fink LLP

    Alexandra A.E. Shapiro
    Shapiro Arato LLP

    Jeremy H. Temkin                         
    Morvillo Abramowitz Grand Iason & Anello P.C.

    Michael D. Weil
    Federal Defenders of New York
    Eastern District of New York

  •  6:00 pm – 6:05 pm Introduction and Program Overview

    James Darrow

     6:05 pm – 6:30 pm Litigating the Required Records Exception to the Fifth Amendment Privilege

    • Overview
    • Recent litigation
    • Issues for future litigation

    Jeremy H. Temkin

     6:30 pm – 6:55 pm The Economic Substance Doctrine: Past and Future Litigation

    • Overview
    • Past litigation in the tax shelter context
    • Issues for future litigation

    Alexandra A.E. Shapiro

     6:55 pm – 7:00 pm  Break
     7:00 pm – 7:15 pm Fraud By Retail Tax Preparers: Trying the Criminal Case

    • Overview of typical fact patterns and issues
    • Trial strategy nuts and bolts
    • Potential new issues for litigation

    Michael D. Weil

     7:15 pm – 7:40 pm DOJ’s Investigation and Prosecution Of Off-Shore Banking

    • Overview of DOJ’s approach
    • Implications for third parties
    • Issues for audits, negotiations, and litigation

    Sharon L. McCarthy

     7:40 pm – 8:00 pm Accounting Violations as Criminal Law

    • Overview of the issue
    • Prior litigation
    • Issues for future litigation

    James Darrow

     8:00 pm – 8:15 pm Questions and Concluding Remarks

    Panel

  • CLE Credit
    NY: 2.5 skills
    NJ: 2.6 general
    CA: 2.5 general
    PA: 2.0 general

  • Event hosted by the Personal Income Taxation Committee of the New York City Bar Association – Fran Obeid, Committee Chair

     Sponsorship Opportunities are Available! Please Contact:

    Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org

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