Criminal tax defense protection if you have a history of committing tax fraud and are facing divorce

Описание: If risk of tax fraud has merit:
Divorce should not proceed until criminal tax exposure is mitigated to mitigate against the following.
One spouse turning government informant because of revenge seeking behavior.
Deposed tax cheat spouse likely to attempt to cover up past indiscretions by making false statements under oath (Perjury) which may shed additional light on false statements made in prior fraudulent returns.
Mandatory public disclosure as a result of the divorce discovery process will result in loss of 5th Amendment protection for documents produced.
IRS known to monitor public court documents looking for accusations / indications of tax fraud.
Forensic accountants or other witnesses may become into possession of incriminating documents or information and be forced to testify on behalf of the taxing authorities.
Damage to credibility of tax cheating spouse with the divorce court.
Actions by accusatory spouse may cause corrective actions of tax cheat spouse to be viewed as non-voluntary and thus kill the availability of a potential pass on criminal prosecution.
Evidence of tax crimes exists forever in the public divorce court records and no SOL on tax crimes.
Judge or his or her staff or third party reports perceived tax fraud to taxing authority.
(Whistleblower reward)
A forensic accountant should not be hired until any criminal tax issues are resolved.
The Forensic accountant has no ACP because the privilege under I.R.C. section 7525 does not apply to criminal tax matters.
Forensic accountants do not have ACP where employed to provide expert testimony in a divorce.
Documents created by the forensic accountant will not constitute privileged attorney work-product because they are prepared in support of the expert’s trial testimony and are therefore discoverable.
Documents provided by the client to the expert will lose Fifth Amendment Production Protection.
Experienced Criminal Tax Defense Counsel should be hired to advise the client and supervise the conduct of a tax investigation utilizing Kovel Accountants to assess risk of tax crimes having been committed and to mitigate the client’s exposure.

Kovel accountant hired specifically to assist counsel in rendering legal services to the client.
Kovel accountant should not prepare tax returns because tax returns are public disclosures and therefore information going into the tax return is not attorney-client privileged.
A single Criminal Tax Defense Lawyer should ordinarily not represent both spouses in mitigating any criminal tax issues.
i. A joint defense agreement may preserve communication and work product privileges
ii. Conflicts-of-interest are inherent in the parties’ divorce case,
iii. Divorcing spouses ordinarily have differing level of knowledge and perceived culpability concerning past tax crimes.
Iv Even if spouses hold out to be equally culpable, any available evidence may not be equally incriminating and either spouse can change their mind later.