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Under the federal law of the United States of America, tax evasion or tax fraud, is the purposeful illegal attempt of a taxpayer to evade assessment or payment of a
tax A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
imposed by Federal law. Conviction of tax evasion may result in fines and imprisonment. Compared to other countries, Americans are more likely to pay their taxes on time and law-abidingly.
Tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the tax ...
is separate from
tax avoidance Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable by means that are within the law. A tax shelter is one type of tax avoidance, and tax havens are jurisdi ...
, which is the legal utilization of the tax regime to one's own advantage in order to reduce the amount of tax that is payable by means that are within the law. For example, a person can legally avoid some taxes by refusing to earn more taxable income, or by buying fewer things subject to
sales taxes A sales tax is a tax paid to a governing body for the sales of certain goods and services. Usually laws allow the seller to collect funds for the tax from the consumer at the point of purchase. When a tax on goods or services is paid to a gover ...
. Tax evasion is illegal, while tax avoidance is legal. In '' Gregory v. Helvering'' the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
concurred with Judge
Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 a ...
's statement that: "Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes." However, the court also ruled there was a duty not to illegally distort the tax code so as to evade paying one's legally required tax burden.


Definition

The U.S. Internal Revenue Code, 26 United States Code section 7201, provides: ::Sec. 7201. Attempt to evade or defeat tax ::Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution. To prove a violation of the statute, the prosecutor must show (1) the existence of a tax deficiency (an unpaid federal tax), (2) an affirmative act constituting an evasion or attempted evasion of either the assessment or payment of that tax, and (3) willfulness (connoting the voluntary, intentional violation of a known legal duty). A genuine, good faith belief that one is not violating the Federal tax law based on a misunderstanding caused by the complexity of the tax law is a defense to a charge of "willfulness", even though that belief is irrational or unreasonable. A belief that the Federal income tax is invalid or unconstitutional is not a misunderstanding caused by the complexity of the tax law, and is not a defense to a charge of "willfulness", even if that belief is genuine and is held in good faith.


The Beginning

Money laundering, the term for filtering “dirty money” is believed to have come about when the mafia owned laundromats in the United States. Laundromats had been used to filter large amounts of money from illegal activities including extortion, alcohol, and prostitution. Through leveraging a legal business, a laundromat, illegal earnings from the following activities could be legitimized as earnings gained by the laundromats. While Al Capone was convicted for tax evasion, it is noted how “his conviction may have been the trigger for lifting the money laundering business off the ground” (Dadoo, 2012; Krishna, 2008; “Al Capone: Biography”, 2012). Al Capone, an infamous Prohibition-era crime boss, conducted all of his financial transactions in cash, never having a record of having a bank account. To expand further, the Internal Revenue Service was unable to ever find any records of Al Capone purchasing a single security. Despite Capone being behind several casualties during his time spent as the “mafia boss,” the federal government was unable to connect any evidence to him. Having said this, the government put a great deal of effort toward collecting evidence of Capone neglecting to pay taxes on his income. Capone was charged with 22 counts of tax evasion, but later found guilty of five of the tax evasion charges (Krishna, 2008; “Al Capone: Biography”, 2012). Following Capone’s sentencing, Meyer Lansky, often referred to as “The Mob’s Accountant,” put his efforts toward finding a better way to get out of paying taxes. Moving forward, Lansky discovered the benefits of Swiss Bank accounts and would go on to become a significant figure for money laundering by using foreign tax havens.


Occurrence

Nearly all Americans believe that cheating on taxes is morally and ethically unacceptable. The voluntary compliance rate (a technical measurement of taxes being paid both on time and voluntarily) in the US is generally around 81 to 84%. This is one of the highest rates in the world. By contrast, Germany's voluntary compliance rate is 68%, and Italy's is 62%. The Internal Revenue Service (IRS) provides formal definitions: "The ''gross tax gap'' is the difference between true tax liability for a given tax year and the amount that is paid on time. It is the ''nonfiling gap,'' the ''underreporting gap,'' and the ''underpayment (or remittance) gap.'' The ''net tax gap'' is the portion of the gross tax gap that will never be recovered through enforcement or other late payments." The IRS has identified small business and sole proprietorship employees as the largest contributors to the tax gap between what Americans owe in federal taxes and what the federal government receives. Small business and sole proprietorship employees contribute to the tax gap because there are few ways for the government to know about skimming or non-reporting of income without mounting more significant investigations. The willful failures to report tips, income from side-jobs, other cash receipts, and barter income items are examples of illegal cheating. Similarly, those persons who are self-employed (or who run small businesses) evade the assessment or payment of taxes if they intentionally fail to report income. One study suggested that the fact that sharing economy firms like
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do not file 1099-K forms when participants earn less than $20,000 and have fewer than 200 transactions, results in significant unreported income. A recent survey found that the amount of unreported income for 2016 in the United States numbered at US $214.6 billion, with one in four Americans not reporting the money made on side-jobs. The typical tax evader in the United States is a male under the age of 50 in a high tax bracket and with a complicated return, and the most common means of tax evasion is overstatement of charitable contributions, particularly church donations.


Foreign tax havens

Jurisdictions which allow for limiting taxation, known as tax havens, may be used for both legally avoiding taxes and illegally evading taxes. Tax Havens are able to be utilized by people due to the fact that many other foreign financial insitutitions are not held to the same requirements of disclosure as those in the United States. This allows for people to hide money with the benefit of not needing to provide access to tax information that is required in the United States but not in the tax haven country. Due to laws put in place in tax havens that limit the amount of information to be shared with the United States the overall amount of tax evasion due to tax havens are not able to be reliably estimated. In 2010, the Foreign Account Tax Compliance Act was passed to better enforce taxation in foreign jurisdictions.


Illegal income

U.S. citizens are required to report unlawful gains as income when filing annual tax returns (see e.g., '' James v. United States'') although such income is typically not reported. Suspected lawbreakers, most famously Al Capone, have been successfully prosecuted for tax evasion when there was insufficient evidence to try them for their non-tax related crimes. Reporting illegal income as earned legitimately may be illegal money laundering.


Influencing Factors


How Penalties are Imposed

There are two ways penalties on tax evasion are imposed. These penalties can be imposed on undeclared income or on the evaded tax. Relationships exist between tax rates and tax evasion. An increase in the tax rate will affect tax evasion differently depending on how the penalty is imposed. If the penalty is imposed on undeclared income, then there will be a higher rate of tax evasion. If the penalty is imposed on the evaded tax, then the rate of tax evasion can either increase or decrease. The increase or decrease in tax evasion when the penalty is imposed on evaded tax depends on the magnitude of income.


Ethical Viewpoint

A person’s personal ethics can play a big role in their decision to commit tax evasion. A person who views the correct representation of income and proper filing of taxes as an ethical decision will lead to more compliance to the tax codes and regulations. A person who does not view the correct representation of income and proper filing of taxes on their as an ethical decision are more likely to be influenced by factors surrounding them. For example, if a family is behind on rent, and the taxpayer does not view properly filling out their taxes as an ethical decision, they use that outside event as a justification to evade taxes. Robert McGee explains the ethics surrounding the act of tax evasion as the “compulsory taking of property by government” (McGee 1994). In simplistic form, taxation represents citizens paying a portion of their income to the government followed by the government using such funds for external purposes. Whether it be for education, law enforcement, or public parks, each situation shares in the relation of the government receiving money, so-called “property” from the taxpayer. Moving forward, the notion of taxation being referred to as “compulsory” stems from the evasion of paying one’s taxes is illegal. Hence, the government would punish those who choose to engage in tax evasion. Due to the following, tax evasion is significantly seen as unethical because there is no other option but to pay one’s taxes. Provided that tax evasion is unethical, it is explained that there must be a moral obligation present for one to pay taxes. As noted within the text, “an obligation may be described as “positive,” in the sense that it commands certain actions, while a “negative” obligation only forbids certain actions.” A few positive uses for taxation seen by many may include a contribution to law enforcement or education as these organizations produce a benefit to most members of society. However, the other side of the coin is represented from the negatives, possibly programs that are funded by many, however benefit very few. This difference truly embeds the climax of ethics for, as noted, “it is impossible to determine which types of public goods are necessary, in which quantity, and which unsatisfied needs of one individual imply the duty of another.” It is additionally noted that “one may resort to coercion in order to force other people to share in the costs of the satisfaction of any need one thinks should be satisfied (cite).” To further explain, even if one were to take tax evasion out of the equation, it becomes quite arduous to determine whether allocated tax money meets the needs of the taxpayers. Author John Dryzek is noted within the text for his explanation in regard to how “all political arrangements proposed for ensuring that the redistribution of resources within the society fits the preference scales of its members are, by and large, unsatisfactory (Dryzek 2004, pp. 143–155)” As a whole, the major issue that comes along with the ethics of tax evasion stem from whether taxpayer money really serves the payers that make the contributions. Despite taxpayers feeling a moral obligation to pay, many mainly do so as the only alternative is punishment from the government.


Estimates of lost government revenue

The IRS has provided estimates of the tax gap for 2001 ($345 billion) 2006 ($450 billion), 2008 ($450–$500 billion; unreported income about $2 trillion) 2011–2013 ($441 billion per year) and 2019 (about $600 billion). According to a 2011 study, about 18 to 19 percent of total reportable income is not properly reported to the IRS.


Measurement

Beginning in 1963 and continuing every 3 years until 1988, the IRS analyzed 45,000 to 55,000 randomly selected households for a detailed audit as part of the Taxpayer Compliance Measurement Program (TCMP) in an attempt to measure unreported income and the "tax gap".James Andreoni & Brian Erard & Jonathan Feinstein, 1998.
Tax Compliance
" ''Journal of Economic Literature'', American Economic Association, vol. 36(2), pages 818-860, June
The program was discontinued in part due to its intrusiveness, but its estimates continued to be used as assumptions. In 2001, a modified random-sampling initiative called the National Research Program was used to sample 46,000 individual taxpayers and the IRS released updated estimates of the tax gap in 2005 and 2006. However, critics point out numerous problems with the tax gap measure. The IRS direct audit measures of noncompliance are augmented by indirect measurement methods, most prominently currency ratio models After the TCMP audits, the IRS focused on two groups of taxpayers: those with just a small change in the balance due, and those with a large (over $400) change in the balance due. Taxpayers were further partitioned into "nonbusiness" and "business" groups and each group was divided into five classes based on total positive income. Using line items from the auditor's checksheet, discriminant analysis, and a scoring mechanism, each return was awarded a score, known as a "Z-score". Higher Z-scores were associated by IRS personnel with a higher risk of tax evasion. However, the Discriminant Index Function (DIF) system did not provide examiners with specific problematic variables or reasons for the high score and so each filing had to be manually examined by an auditor.


Investigatory procedures

The IRS may carry out investigations to determine the correctness of any tax return and collect necessary income tax, including requiring the taxpayer to provide specific information such as books, records, and papers. The IRS whistleblower award program was created to assist the IRS in obtaining necessary information. While these investigations can lead to criminal prosecution, the IRS itself has no power to prosecute crimes. The IRS can only impose monetary penalties and require payment of proper tax due. The IRS performs audits on suspicion of noncompliance but has also historically performed randomly selected audits to estimate total noncompliance; the former audits have much higher chance of noncompliance.


Net worth and cash expenditure methods of proof

Under the net worth and cash expenditure methods of proof, the IRS performs year-by-year-by-year comparisons of net worth and cash expenditures to identify under reporting of net worth. While the net worth method and the cash accrual method may be used separately, they are often used in conjunction with one another. Under the net worth method, the IRS chooses a year to determine the taxpayer's opening net worth at year's end. This provides a snapshot of the taxpayer's net worth at a particular point in time. The snapshot includes the taxpayer's cash on hand, bank accounts, brokerage (stocks and bonds), house, cars, beach house, jewelry, furs, and other similar items. Generally the IRS learns about these items through very thorough and in-depth investigations, sometimes casing the suspected fraudulent taxpayer. In addition, the IRS also assesses the taxpayer's liabilities. Liabilities include expenses such as the taxpayer's mortgage, car loans, credit card debts, student loans, and personal loans. The opening net worth is the most critical point at which the IRS must assess the taxpayer's assets and liabilities. Otherwise, the net worth comparison will be inaccurate. The IRS then evaluates new debts and liabilities accumulated in the next year, and assesses the taxpayer's new net worth at the next year's end. In addition, the IRS reviews the taxpayer's cash expenditures throughout the tax year. The IRS then compares the increase in net worth and the cash expenditures with the reported taxable income over time in order to determine the legitimacy of the taxpayer's reported income. The net worth method was first used in the case of ''Capone v. United States''. The cash method was approved in 1989 in ''United States v. Hogan''.


Bank deposit cash expenditure method

First approved by the Eighth Circuit in 1935 in ''Gleckman v. United States'', the bank deposit cash expenditure method identifies tax evasion through review of the taxpayer's bank deposits. This method of investigation primarily focuses on whether the taxpayer's total bank deposits throughout the year are equal to the taxpayer's reported income. This method is most appropriate when the majority of the taxpayer's income is deposited in the bank and most expenses are paid by check. This method is most commonly used for surveillance of tipped employees and is combined with statistical analysis to determine what a tipped employees actual wages are. Information gathered through this method is most successful when the credibility of tipped employees can be destroyed. This method is used less frequently now for tipped employees because the IRS negotiates with hotels or casinos, the largest employers of tipped employees, to identify a tip estimate. If the tipped employee reports the minimal amount agreed upon, he is not questioned by the IRS. However, it is recommended for corroborating other methods of proof. Given the uncertainty of this method, this method likely could not be used in criminal prosecutions where the guilt must be found beyond a reasonable doubt.


Whistleblower program

In addition to the methods of proof the IRS has developed, the
Tax Relief and Health Care Act of 2006 The Tax Relief and Health Care Act of 2006 (, ), includes a package of tax extenders, provisions affecting health savings accounts and other provisions in the United States. Tax provisions Extenders The Act retroactively extended for two yea ...
created the
IRS Whistleblower Office The IRS Whistleblower Office is a branch of the United States Internal Revenue Service that will "process tips received from individuals, who spot tax problems in their workplace, while conducting day-to-day personal business or anywhere else the ...
, which allows anonymous
whistle blower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
s to receive 15 to 30 percent of any recovery by the IRS which comes to at least $2 million including all penalties, interests and any other monies collected from the government. The whistle blower program seeks information based on evidence and analysis which can provide a solid basis for further investigation rather than speculation and hearsay. The program is designed to provide incentive to ordinary citizens to inform on tax cheats. The program provides far greater incentives for whistle blowers than previous programs because under prior programs the government was not required to compensate whistleblowers. Under this program, taxpayers who do not receive a deserved award may file a lawsuit.


Whistleblower Office

Established by the Tax relief and Health Care Act of 2006, the IRS Whistleblower Offices processes tips received from eligible individuals who spot tax problems in their workplace, in their day-to-day personal business, or anywhere else. After determining the degree of credibility, an appropriate IRS office is assigned the case for further investigation. The IRS office assigned varies by the type of issue that the whistleblower alerted it to. Individuals must meet qualifications to be eligible to receive the reward and must submit Form 211 with supporting documentation to the Internal Revenue Service Office in Ogden, Utah. To claim eligibility the individual must not be an employee of the Department of Treasury or have been an employee there when they obtained the information, must not have obtained the information through the individual’s official duties as an employee of the federal government, or who obtained the information based on a contract with the federal government. Whistleblower incidents happen in greater frequency in the private sector opposed to the government. The reward can be worth between 15 and 30 percent of the total proceeds that the IRS collects. To claim the reward, the IRS must move ahead based on the information provided and the amount identified, including taxes, penalties, and interests, must be worth more than $2 million. A gross income of $200,000 or more is required if the taxpayer in question is an individual. The Bipartisan Budget Act of 2018 added subsection 7623(c) which expanded the definition of proceeds for whistleblower awards and was applied to open whistleblower claims. The Taxpayer First Act was signed by President Trump on July 1, 2019. This law made changes surrounding the notification process to whistleblowers and increased protection against retaliation available to whistleblowers. The main goal of the legislation was to improve taxpayer service and to ensure that enforcement of the laws is done in a fair, impartial manner, ultimately supporting the continued success of the nation.


Inadvertent Tax Evasion

Incorrectly filling out tax documents can also be labeled as tax fraud or tax evasion. While these incorrect filings can be due to neglect or lack of knowledge of the tax code, the IRS will take these matters seriously. Just by looking at the documentation, the IRS cannot determine whether the incorrect filing was an unintentional error or done with intent. If it is determined that the error was unintentional, the IRS will apply 2 common Accuracy-Related Penalties to individuals: Negligence or Disregard of the Rules or Regulations or Substantial Understatement of Income Tax. Negligence is determined when a reasonable attempt to follow tax laws is not done when preparing tax returns. Disregarding the rules and regulations is classified When the filer carelessly, recklessly, or intentionally ignored the tax rules and regulations. The penalty for both incorrect filing methods is 20% of the portion of the underpayment of tax. Substantial Understatement of Income Tax applies when the tax liability is understated by the greater of either $5,000 or 10% of the tax required to be shown. The IRS will send a notice letter if an Accuracy-Related Penalty is applicable. These penalties will be charged interest but can be disputed or removed. The date that interest is charged varies by the penalty but will increase the amount owed until the balance is paid back in its entirety. If the filer acts in good faith and can show reasonable cause for why they were not able to meet the obligation, the IRS will be able to remove the penalty. Interest cannot be reduced or removed unless the penalty is reduced or removed. The IRS offers a toll-free number at the top right corner of the notice letter for the filer to call and dispute. The filer can also write a letter stating their rationale as to why the IRS should reconsider the penalty. When the letter is sent, the filer should also include the notice letter, the penalty to be considered, and an explanation as to why it should be removed.


Historical U.S. tax evasion cases

The IRS publishes the number of civil and criminal penalties in the IRS Data Book (IRS Publication 55B) and makes these available online. Table 17 shows tabulated data on civil penalties and Table 18 shows data on criminal investigations.SOI Tax Stats - IRS Data Book
IRS.
In 2012, the IRS assessed civil penalties in 37,910,493 cases and 4,994,926 abatements. In 2012, the IRS initiated 5,125 investigations; of 3,701 which were referred to prosecution, 2,634 resulted in conviction. The agency also highlights current investigations on its website by various categories, including abusive returns, tax schemes, corporate fraud, money laundering, and various other categories.Current Fiscal Year Tax Fraud and Money Laundering Investigations
IRS.
* 1932–1939: Al Capone served seven years of an 11-year sentence in federal prison on
Alcatraz Island Alcatraz Island () is a small island in San Francisco Bay, offshore from San Francisco, California, United States. The island was developed in the mid-19th century with facilities for a lighthouse, a military fortification, and a military pri ...
for tax evasion. He was let out of jail early while suffering with the advanced stages of syphilis. * 1933: Gangster
Dutch Schultz Dutch Schultz (born Arthur Simon Flegenheimer; August 6, 1901October 24, 1935) was an American mobster. Based in New York City in the 1920s and 1930s, he made his fortune in organized crime-related activities, including bootlegging and the n ...
was indicted for tax evasion. Rather than face the charges, he went into hiding. * U.S. President
Harry Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
pardoned George Caldwell,
George Berham Parr George Berham Parr (March 1, 1901 – April 1, 1975) was an American politician, who controlled a Democratic political machine that dominated Duval County, Texas and, to a lesser extent, Jim Wells County. He was known as "The Duke of Du ...
, and Seymour Weiss for income tax evasion. * 1963:
Joe Conforte Joseph Conforte (December 10, 1925 – March 4, 2019) was a legal brothel owner from Sparks, Nevada, spokesperson for the legal prostitution movement, a professional boxing promoter, restaurateur, philanthropist, and Nevada statesman. He o ...
, a brothel owner, served two and a half years in prison, convicted for the crime of income tax evasion. * 1971: Martin B. McKneally (R-NY) was placed on one-year probation and fined $5,000 for failing to file income tax return. He had not paid taxes for many years prior. * 1972:
Cornelius Gallagher Cornelius Gallagher may refer to: * Cornelius Gallagher (American politician) (1921–2018), U.S. Representative from New Jersey * Cornelius Gallagher (Canadian politician) Cornelius Gallagher (December 31, 1854 – October 27, 1932) was a ...
(D-NJ) pleaded guilty to tax evasion, and served two years in prison. * 1974: Otto Kerner Jr. (D) - Resigned as a judge of the Federal Seventh Circuit Court District after conviction for bribery,
mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activity ...
, and tax evasion while Governor of Illinois. He was sentenced to 3 years in prison and fined $50,000. * 1982: Frederick W. Richmond (D-NY) was convicted of tax evasion and possession of marijuana. Served 9 months * 1985:
Joseph Alioto Joseph Lawrence Alioto (February 12, 1916 – January 29, 1998) was an American politician who served as the 36th mayor of San Francisco, California, from 1968 to 1976. Biography Alioto was born in San Francisco in 1916. His father, Giuseppe ...
, a lawyer, confessed that he paid no income taxes during the years he served as Mayor of San Francisco. * 1985–1986:
Iran–Contra Affair The Iran–Contra affair ( fa, ماجرای ایران-کنترا, es, Caso Irán–Contra), often referred to as the Iran–Contra scandal, the McFarlane affair (in Iran), or simply Iran–Contra, was a political scandal in the United States ...
- Thomas G. Clines was convicted of four counts of tax-related offenses for failing to report income from the operations. * 1987: Robert Bernard Anderson (R) former United States Secretary of Treasury (1957–1961) pleaded guilty to tax evasion while operating an offshore bank. * 1986: Harry Claiborne, Federal District court Judge from Nevada, was impeached by the House and convicted by the Senate on two counts of tax evasion. He served over a year in prison. * 1990:
Howard Snyder Howard Snyder (May 24, 1909 - April 13, 1963) was an American screenwriter. He wrote for Jack Benny's radio and television program ''The Jack Benny Program'' from 1936 to the early 1960s, often in partnership with Hugh Wedlock Jr., and also wro ...
purchased $3.35 million worth of chips in the
Trump Taj Mahal The Hard Rock Hotel & Casino Atlantic City (formerly Trump Taj Mahal) is a casino and hotel on the Boardwalk, owned by Hard Rock International, in Atlantic City, New Jersey. The casino, originally known as the ''Trump Taj Mahal,'' was inaugu ...
and left without paying a single game resulting in a $65,000 fine. * 1991: Harry Mohney, founder of the
Déjà Vu ''Déjà vu'' ( , ; "already seen") is a French loanword for the phenomenon of feeling as though one has lived through the present situation before.Schnider, Armin. (2008). ''The Confabulating Mind: How the Brain Creates Reality''. Oxford Univers ...
strip club chain, began to serve three years in prison for tax evasion. * "Matty the Horse" Ianniello (Mafia) was sent to prison for income tax evasion. * 1992:
Catalina Vasquez Villalpando Catalina "Cathi" Vásquez Villalpando (born April 1, 1940) is the 39th Treasurer of the United States who served from December 11, 1989, to January 20, 1993 under President George H. W. Bush and is the only U.S. Treasurer ever to be sent to priso ...
(R), Treasurer of the United States, pleads guilty to obstruction of justice and tax evasion. * 1993: Sam Roti, nephew of Chicago alderman Fred Roti, was indicted on Federal tax charges, which were later dropped. * Nicolas Castronuovo is the owner of the Florida pizza parlor where Senator
Robert Torricelli Robert Guy Torricelli (born August 27, 1951), is an American attorney and former politician. A Democrat, Torricelli served as a member of the U.S. House of Representatives from New Jersey's 9th district from 1983 to 1997 and as a United States s ...
was caught on an FBI wiretap soliciting contributions in 1996. Nicolas Castronuovo and his grandson Nicholas Melone later pleaded guilty to evading the government of $100,000 in taxes. * 1995: Webster Hubbell, (D) Associate Attorney General, pleaded guilty to
mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activity ...
and tax evasion. He is sentenced to 21 months in prison. * 1996:
Heidi Fleiss Heidi Lynne Fleiss (born December 30, 1965) is an American former madam. She ran an upscale prostitution ring based in Los Angeles and is often referred to as the "Hollywood Madam". Fleiss has also worked as a columnist and was a television pers ...
was convicted of federal charges of tax evasion and sentenced to 7 years in prison. After two months, she was released to a halfway house, with an order to undergo 370 hours of
community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performe ...
. * 2001: U.S. President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
pardoned
Marc Rich Marc Rich (born Marcell David Reich; December 18, 1934 – June 26, 2013) was an international commodities trader, hedge fund manager, financier, businessman, and financial criminal. He founded the commodities company Glencore, and was later ind ...
and
Pincus Green Pincus Green (born 1934) is an American oil and gas commodities trader. In 1983 Green and his business partner Marc Rich were indicted on charges of tax evasion relating to illegal trading with Iran. However in 2001 Green and Rich received a pres ...
, indicted by U.S. Attorney on charges of tax evasion and illegal trading with Iran. Clinton also pardons Edward Downe, Jr., for wire fraud, filing false income tax returns, and securities fraud. * 2002:
James Traficant James Anthony Traficant Jr. (May 8, 1941 – September 27, 2014) was an American politician who served as a Democratic, and later independent, member of the United States House of Representatives from Ohio. He represented the 17th Congressiona ...
(D-OH) was convicted of ten felony counts including bribery, racketeering and tax evasion He was sentenced to 8 years in prison. * 2002: The Christian Patriot Association, an "ultra-right-wing group", was shut down after convictions for tax fraud and tax evasion. * 2005:
Duke Cunningham Randall Harold "Duke" Cunningham (born December 8, 1941) is a former American politician, decorated Vietnam War veteran, fighter ace, and ex-felon. Cunningham served as a Republican member of the U.S. House of Representatives from California's ...
(R-CA) pleaded guilty to charges of conspiracy to commit bribery, mail fraud, wire fraud and tax evasion in what came to be called the Cunningham scandal. He was sentenced to eight years in prison. * 2006:
Jack Abramoff Jack Allan Abramoff (; born February 28, 1959) is an American lobbyist, businessman, film producer, writer, and convicted felon. He was at the center of an extensive corruption investigation led by Earl Devaney that resulted in his conviction ...
, lobbyist, was found guilty of conspiracy, tax evasion and corruption of public officials in three different courts in a wide-ranging investigation. He was sentenced to 70 months in prison and fined $24.7 million * 2008:
Charles Rangel Charles Bernard Rangel (, ; born June 11, 1930) is an American politician who was a U.S. representative for districts in New York from 1971 to 2017. A member of the Democratic Party, he was the second-longest serving incumbent member of the Ho ...
(D-NY) failed to report $75,000 income from the rental of his villa in
Punta Cana Punta Cana is a resort town in the easternmost region of the Dominican Republic. It is part of the Veron–Punta Cana municipal district, in the Higüey municipality of La Altagracia Province. According to the 2010 census, this district had a ...
in the
Dominican Republic The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with ...
and was ordered to pay $11,000 in back taxes. The
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
voted 333–79 to censure Rangel. It had been 27 years since the last such measure and Rangel was only the 23rd House member to be censured. * 2008: Senator
Ted Stevens Theodore Fulton Stevens Sr. (November 18, 1923 – August 9, 2010) was an American politician and lawyer who served as a U.S. Senator from Alaska from 1968 to 2009. He was the longest-serving Republican Senator in history at the time he left ...
(R-AK) was convicted on 7 counts of bribery and tax evasion just prior to the election. He continued his run for re-election, but lost. However, prior to sentencing, the indictment was dismissed—effectively vacating the conviction—when a Justice Department probe found evidence of gross
prosecutorial misconduct In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropri ...
. * 2013: Big Four accounting firm
Ernst & Young Ernst & Young Global Limited, trade name EY, is a multinational professional services partnership headquartered in London, England. EY is one of the largest professional services networks in the world. Along with Deloitte, KPMG and Pricewat ...
agreed to pay federal prosecutors $123 million to settle criminal tax avoidance charges stemming from $2 billion in unpaid taxes from about 200 wealthy individuals advised by four Ernst & Young senior partners between 1999 and 2004.


Significant Tax Evasion Cases in History

Ernst & Young from 1999 to 2002 were helping wealthy clients avoid paying taxes that led up to $2,000,000 in taxes. They were using fraudulent tax shelters to lower their client’s income tax liability without the change in income/assets. The shelters were named “Cobra” and “CDS”. These names were used from around 1999 to 2002 and helped 200 clients. They looked like real investments that were designed to help lower taxes for the clients, but the shelters had no economic substance, and the sole purpose was to reduce taxes illegally. All of the firm’s fraudulent shelters were removed in 2003. Ernst & Young paid a settlement to the IRS of $15,000,000 and an additional $123,000,000 in 2013 to settle federal allegations. The government dropped EY from being criminally prosecuted but the firm needed to abide with strict controls over their tax practice. KPMG ex-employee David Rivkin lost his job as a partner when a tax evasion scandal led him to plead guilty. He used illegal tax shelters to help lower income tax liability and was the first worker at the firm to confess to doing these criminal acts. These shelters generated false losses up to $11,000,000,000. This illegal act was in full motion starting in 1999 and ending around 2005. His plea consisted of allowing clients to forgo $20,000,000 in taxes that totaled $235,000,000 stolen from the government. This was done through nine clients Rivkin helped. He also promised to help convict the other defendants related to this case. Thirteen of the defendants that did not plead guilty were dismissed due to the prosecutor's unconstitutional actions. These actions were considered coercion by forcing KPMG to not pay legal fees to defendants which violated their rights. Four defendants were tried and acquitted from all charges. David Rivkin was the only KPMG employee who was convicted and punished for the crimes committed and was one of the lesser individuals involved in the whole scandal. Walter Anderson was involved in the biggest tax evasion case by a single individual that amounted to $365,000,000 in unreported income. The case stated that Anderson avoided paying taxes on $450,000,000 earned that created a loss of $200,000,000 in government taxes between 1995-1999 but pleaded guilty to a lesser amount. His charges were on two counts of tax evasion and one count of defrauding the DOC for failing to report income. He formed new foreign corporations named Gold & Appel and Iceberg Transport but also had foreign bank accounts none of which were disclosed to the IRS. Anderson tried to hide ownership of these entities that helped earn him $365,000,000 in income. In 1999, Anderson filed a false income tax return for not reporting this income. His sentence was a nine-year imprisonment with a restitution payment due to the DOC.United States Court of Appeals. United States of America vs Walter Anderson. (n.d.). Retrieved from https://www.justice.gov/archive/opa/pr/2008/November/us-vs-anderson.pdf


References


Further reading

* Cebula, R., & Foley, M. (2013)
Teaching the Economics of Income Tax Evasion
MPRA Paper 56784, University Library of Munich, Germany. * {{cite journal , last1=Johannesen , first1=Niels , last2=Langetieg , first2=Patrick , last3=Reck , first3=Daniel , last4=Risch , first4=Max , last5=Slemrod , first5=Joel , title=Taxing Hidden Wealth: The Consequences of US Enforcement Initiatives on Evasive Foreign Accounts , journal=American Economic Journal: Economic Policy , date=1 August 2020 , volume=12 , issue=3 , pages=312–346 , doi=10.1257/pol.20180410 , s2cid=225487984


External links



on Jeffrey Chernick, UBS tax evader
US Justice Tax Division
and its enforcement efforts Taxation in the United States Internal Revenue Service