Jay R. Nanavati

Jay R. Nanavati is a former federal tax prosecutor and is a founding partner of Kostelanetz & Fink’s Washington, D.C., office. He maintains a nationwide practice, focusing on white collar criminal defense with an emphasis on tax-related matters. He represents individuals and entities facing investigations and prosecutions by the Internal Revenue Service’s Criminal Investigation division (IRS-CI), the Federal Bureau of Investigation (FBI), state investigative agencies, U.S. Attorney’s offices, and the Department of Justice Tax Division. His clients rely on his ability to analyze cases from the government's perspective, his strong connections, and his sound judgment to guide them through their most difficult challenges. He has developed an enviable track record of success in persuading the government to terminate investigations of his clients and of defeating the government in court.

Mr. Nanavati spent more than a decade as both a federal and a state prosecutor. He supervised more than 30 federal tax prosecutors and oversaw criminal tax enforcement for a region covering 22 states. He is a veteran trial lawyer, having conducted dozens of jury trials and hundreds of bench trials.


Jay R. Nanavati Representative Matters

  • Achieved a rare acquittal for a business owner in a federal tax fraud conspiracy jury trial after four weeks of government evidence and 117 government witnesses. The government was represented by a team of three attorneys from the U.S. Attorney's Office and the Department of Justice Tax Division.

  • Obtained dismissal before trial of all 53 counts of federal mail fraud, money laundering, conspiracy, and criminal forfeiture, in a case that the FBI, IRS-CI, and the U.S. Attorney’s office had spent five years investigating and prosecuting.

  • Represented a multinational financial institution facing a federal grand jury investigation for allegedly assisting U.S. taxpayers in evading their U.S. tax obligations.

  • Persuaded IRS-CI to terminate an investigation of the owner of a tax return preparation business for allegedly preparing false tax returns.

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Background and Experience

  • Department of Justice Tax Division

    • Assistant Chief for the Western Criminal Enforcement Section

    • Counsel to the Deputy Assistant Attorney General for Criminal Matters

    • Trial Attorney

  • Assistant Commonwealth’s Attorney for Fairfax County, Virginia

  • Law Clerk for Chief Judge Hector M. Laffitte of the U.S. District Court for the District of Puerto Rico


Awards and Recognitions

  • Chambers USA: Nationwide Tax Fraud (2016, 2017)

  • American College of Tax Counsel: Fellow

  • Martindale-Hubbell: AV Preeminent

  • Department of Justice Tax Division

    • Outstanding Attorney Award (2009, 2010)

    • Special Commendation Award (2008)

    • Special Act or Service Award (2007)


Speaking Engagements

  • Moderator, Civil and Criminal International Tax Enforcement Update, Paramus, New Jersey, June 2017
  • Panelist, Nuts and Bolts of Criminal Tax, ABA Tax Section Mid-Year Meeting, Orlando, Florida, January 2017

  • Panelist, Top Tips for Criminal Tax Cases, ABA Criminal Tax Fraud and Tax Controversy Conference, Las Vegas, Nevada, December 2016

  • Panelist, The United States as a Potential Tax Haven: Foreign Assets and Potential Money Laundering Exposures for Lawyers and Other Gatekeepers, White Collar Practice Seminar, Pennsylvania Association of Criminal Defense Lawyers, Philadelphia, Pennsylvania, November 2016

  • Speaker, Civil and Criminal Enforcement of Employment Tax Laws, Virginia Society of Certified Public Accountants, Richmond, Virginia, September 2016

  • Speaker, The Role of Legal Privileges in Sensitive IRS Examinations, Virginia Society of Enrolled Agents, Richmond, Virginia, August 2016

  • Speaker, Global Tax Enforcement in 2015, Virginia Society of Certified Public Accountants, Richmond, Virginia, December 2015

  • Panelist, Disclosure In a Criminal Prosecution: Are You Getting What You Should Have?, ABA Tax Section’s National Institute on Criminal Tax Fraud & Tax Controversy, Las Vegas, Nevada, December 2015

  • Moderator, Foreign Bank Accounts and “Black Money” – Recent Legal Developments in the U.S. and India on Foreign Account Tax Compliance (FATCA), Corruption, and Offshore Accounts, U.S. India Business Council, Washington, D.C., June 2015

  • Panelist, The U.S. Government’s Global Crackdown on Tax Evasion: Where It Has Been and Where It Is Going, Orlando, Florida, June 2015


Professional Associations

  • International Bar Association

  • American Bar Association Section of Taxation

    • Civil and Criminal Tax Penalties Committee

  • American Bar Association Criminal Justice Section

    • White Collar Crime Committee

  • American Bar Association Section of International Law

    • International Anti-Money Laundering Committee

  • International Fiscal Association

  • International Association of Prosecutors

  • National Association of Criminal Defense Lawyers

  • Federal Bar Association: Taxation Section, Criminal Law Section

  • Virginia State Bar: Taxation Section, Criminal Law Section

Contact

Email: JNanavati@kflaw.com

Tel: 212-808-8100

vCard


News

August 29, 2017

Jay R. Nanavati Quoted In "Overcharging? The Implications Of Marinello", Tax Notes


August 21, 2017

Jay R. Nanavati Quoted In "Public Leaks Aiding In U.S. OVDP Penalty", Tax Notes

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Education

J.D., University of Virginia School of Law, 1999, Order of the Coif, Virginia Law Review

B.A., Government and Foreign Affairs, University of Virginia, 1996, high honors, Phi Beta Kappa, Echols Scholar


Bar Admissions

District of Columbia

Virginia

U.S. Tax Court

U.S. District Court for the Eastern District of Virginia