Every criminal defense attorney knows that being indicted is a life-changing event for a client. In many cases, white-collar clients have never even been issued a traffic ticket and often are highly respected in their business communities. Yet a federal indictment for most white-collar offenses carries with it the prospect of not only a felony conviction, but prison time, which, in most cases, is determined by the amount of money at issue in the alleged crime. One of the most difficult decisions for the client is whether to accept a plea offer from the government and the certainty of a lower sentence even if only based on acceptance of responsibility, or risk going to trial and face what most certainly will be a higher sentence once the court has heard all of the government’s evidence. Once the client chooses to go to trial, the burden of that decision falls on trial counsel, who must do all that he or she ethically can to provide a vigorous, credible, effective defense of the client before a jury. In this article, we share lessons learned and successful trial strategies from three of our cases, based upon listening closely to our clients with an open mind. Of these cases, two trials ended in acquittal, and one ended in pre-trial dismissal of the indictment.
By: Jay R. Nanavati
Expert Analysis - Opinion
In the wake of the Mueller investigation and the U.S. Department of Justice Office of the Inspector General’s 2016 “Audit of the National Security Division’s Enforcement and Administration of the Foreign Agents Registration Act,” Attorney General William Barr and DOJ National Security Division head John Demers have signaled an increased appetite for enforcing alleged Foreign Agents Registration Act registration violations more aggressively, and members of Congress have been agitating for the DOJ to do just that.
By: Jay Nanavati
The CPA Journal
December 2018 Edition
In modernizing the tax whistleblower statute over the last 12 years, Congress has finally created a simple and enforceable entitlement to substantial compensation for tax whistleblowers. Unfortunately, in practice, the IRS’s whistleblower program still falls short of achieving its potential for improving tax enforcement. One culprit in the whistleblower program’s failure to live up to its potential is the IRS’s own whistleblower regulations.
By Jay R. Nanavati
January 2016 Edition
The investigation and prosecution of tax evasion has, in the last decade, grown from a specialized subcategory of law enforcement into a first-tier policy concern for the global community. Starting with the U.S. government’s crackdown on Swiss bank UBS in 2008, there has been a steady drumbeat of news about prosecutions of financial institutions, bankers and taxpayers. This drumbeat has coincided with the public’s frustration with the slow growth of most of the world’s economies over the last decade and the related problem of governments’ budgetary troubles. Cracking down on offshore tax evasion is a relatively uncontroversial source of new revenue.
By Jay R. Nanavati & Justin A. Thornton
Criminal Justice, Volume 29, Number 2, Summer 2014
American Bar Association
The US government continues to hammer away at the use by US taxpayers of foreign secrecy jurisdictions to evade taxes. Beginning with its highly publicized takedown of UBS in 2008 and continuing through the current Offshore Voluntary Disclosure Program (OVDP), the Department of Justice (DOJ) and the Internal Revenue Service (IRS) are using both carrots and sticks to coax taxpayers to bring their money back into the “system.” The government’s fiscal difficulties of the last five years have only added urgency to the crackdown.
Why Holders Of Foreign Bank Accounts Need To Worry About IRS’s Voluntary Disclosure Data-Mining Program
By Jay R. Nanavati
Bloomberg BNA Daily Tax Report
August 2012 Edition
Have you ever been surprised by Facebook or LinkedIn’s ability to suggest people to whom you may be connected, when even you had forgotten how you were connected to those people? Perhaps the social networks’ technology crunched data that you provided on your home town, Boy Scout troop, high school, first job at McDonald’s, or flyfishing hobby, to find latent connections between you and a long-lost acquaintance.