tax fraud

Tax Crimes in Cryptocurrency

Published on: June 1, 2025 | By Conaway & Strickler, P.C.

Leona Helmsley, Jim Thorpe, Webster Hubbell, Alphonse Capone, and Peter Madoff are among many convicted of tax crimes such as tax evasion and tax fraud. The government generally targets groups like tax preparation firms and entities that are mainly cash based. But, the criminal division of the IRS has begun a more targeted approach to investigate and prosecute tax crimes in the cryptocurrency arena. Crypto investment schemes, for example, require investors to produce cash, but then convert the fraud proceeds to cryptocurrency to purposefully circumvent financial reporting requirements. These type of cases thus also involve potential money laundering, wire fraud and structuring charges,

The “newer” question on page 1 of the Tax Form 1040 now has a question that states, “At any time during the past year did you receive any financial interest in virtual currency?” In 2019, this question was only on Schedule 1. As of 2020, it is on page 1 of the Tax Form 1040. This is specifically targeted to combat cryptocurrency tax evasion.

Under 26 U.S.C § 7206(1), it is a criminal offense to file a tax return the filer knows is materially false. So, if you do not check that box on that first page, AND have substantial income in crypto, you might be targeted by the IRS. Remember cryptocurrencies are essentially similar to common stocks. This means a taxpayer must report their gains in cryptocurrencies on Form 8949. These gains are passed through to Schedule D on personal returns. The filer is responsible for paying capital gains tax on the net gain for the year. The government is long since versed in understanding the intricacies of the market like the role of hardware wallets, the use of DEXs, on-chain information, and how to track crypto movement across distributed ledgers. Please see here for a recent example of a case where non-payment of federal income tax on cryptocurrency earnings led to a conviction.

Basics of Tax Evasion

Published on: March 3, 2023 | By Conaway & Strickler, P.C.

By Maya Fouad

Tax evasion is the most common federal tax crime and involves the failure to report taxes, reporting taxes inaccurately, or failing to pay taxes. Federal law defines the crime broadly; 26 U.S.C. 7201 states, “[a]ny 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. . .” The penalties for tax evasion can include significant monetary fines, imprisonment, or both.

To establish a case of tax evasion, the Government must prove three elements beyond a reasonable doubt:

Search Warrants – What are they/How are they gotten/What occurs? Answers in light of Trump Mar-a-Lago FBI search

Published on: August 10, 2022 | By Conaway & Strickler, P.C.

Once the search warrant is signed by the judge, the search warrant will be executed. Generally, the government will work to execute the warrant with local law enforcement officials. The search can take hours, and often times, questioning will occur at the same time. NEVER SPEAK TO LAW ENFORCEMENT at this juncture without a lawyer. This interview at your home or office is often recorded by body cam, audio, and other video devices. It can be difficult to get those statements excluded at trial for a variety of reasons.

After the execution of the search warrant, a copy of the search warrant inventory will be left, and it will list out exactly what was seized. In the case of the execution of the search warrant for Donald Trump, there is a search warrant, sworn affidavit, and application filed, but it is under seal. Mr. Trump also received a search warrant inventory. Hopefully, these documents will be released to the public sooner than later.

Whistleblower / Qui Tam cases in Health Care

Published on: September 11, 2021 | By Conaway & Strickler, P.C.

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Health Care Qui Tam cases

What does Qui Tam mean?

Qui tam is short for the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which roughly translates to “he who brings an action for the king as well as for himself.”