Robert S. Fink is one of the nation’s most successful trial lawyers, and has a remarkable record of obtaining acquittals in the areas of criminal tax and white-collar crimes. In addition, Mr. Fink has been successful at trials in Tax Court, and through his excellent negotiating skills, he has favorably settled thousands of civil cases against government agencies, and has also been able to convince government agents and attorneys to civilly resolve cases that were originally thought to be criminal in nature. In addition, Mr. Fink has represented nearly one thousand individuals who have come forward and successfully completed the IRS’s Voluntary Disclosure Initiative.
For twenty-five years, Mr. Fink has been an Adjunct Professor of Law at New York University Law School’s Graduate Tax Program, teaching the course on Civil and Criminal Tax Penalties. In addition, Mr. Fink was a Visiting Professor of United States tax law at the University of Peking in Beijing, China, and is a nationwide lecturer via government television, teaching civil and criminal tax procedures to attorneys and agents of the Department of Justice and the Internal Revenue Service.
Mr. Fink lectures frequently at tax and criminal symposia, and appears regularly as a commentator on radio, television, and in newspapers. In addition, he has served as Chairman of numerous committees of the American Bar Association, the New York State Bar Association, and the New York County Lawyers’ Association. Mr. Fink has served on the Advisory Committee to the Tax Division of the United States Department of Justice and was the Co-Chairman of the IRS Northeast Regional Bar Liaison. He has testified as an expert witness on the Internal Revenue Service’s investigative powers before subcommittees of both Houses of Congress and has testified before the New York State Assembly’s Ways and Means Committee on tax legislation.
Due to his successful career, Mr. Fink has been the recipient of the American Bar Association’s Jules Ritholtz Memorial Merit Award, “In Recognition of Outstanding Dedication, Achievement, and Integrity in the Field of Civil and Criminal Tax Controversies.” He is listed in “The Best Lawyers in America”; is recognized by the review board of the magazine “New York Super Lawyers”; and is the recipient of Martindale Hubbell’s highest AV rating.
Mr. Fink is also a Fellow of the American College of Tax Counsel.
Mr. Fink is the author of Tax Controversies: Audits, Investigations, Trials (Lexis/Nexis, 34th Ed. 2015), which has been recognized by courts, government officials, and members of the private bar as the definitive textbook on the subject; the co-author of How to Defend Yourself Against the IRS (Simon & Schuster, 1985), and You Can Protect Yourself from the IRS. (Fireside, 1987, 1988). He is also contributing author to Scientific and Expert Evidence (Practicing Law Institute, 1975, 1981), and the New York Tax Service (Matthew Bender, 1991). Mr. Fink is a Department Editor of the Journal of Taxation, and has written numerous articles for the Journal as well as for various other professional magazines.
Robert S. Fink Representative Matters
- Mr. Fink obtained a jury acquittal on all 36 counts for his client, an accountant, who prepared tax returns on the theory that wages were not taxable. The case was a retrial of the same charges that earlier resulted in a hung jury. Both the government and experts in the field called the result, "astonishing."
- At trial, Mr. Fink won innocent spouse protection for the wife of "Mad Dog Beck" of Drexel Burnham fame. Mr. Fink proved that his client had no reason to question hundreds of thousands of dollars in nonexistent charitable deductions.
- Mr. Fink convinced a jury to acquit a major New York contractor accused of illegally paying bribes to six different building managers on the theory that his client was the victim of six different extortions.
- Mr. Fink represented the head of KPMG's tax practice in the largest tax fraud prosecution in United States history, in which Mr. Fink obtained the dismissal of the indictment on the ground of prosecutorial misconduct.
Awards & Recognition
- Mr. Fink received the highest possible rating by Chambers USA; named "superstar tax fraud defender," and he was recognized for his "litigation skill, insight into the government, and tremendous courtroom record."
- Mr. Fink has been named by his peers as one of "The Best Lawyers in America" from 1993 to the present.
- He has been recognized by "New York Super Lawyers" for the past eight years.
- He was voted a Fellow of the American College of Tax Counsel.
Martindale-Hubbell AV Rating
- He was honored by the American Bar Association Tax Section with the Jules Ritholz Award for "Outstanding Dedication, Achievement, and Integrity in the Field of Civil and Criminal Tax Controversies."