Legal Question in Tax Law in Florida

Fraudulent CPA?

If the IRS criminial Investigation Division is ''focused'' on a fraudulent CPA and is seeking to talk with its clients about their tax returns are these clients subject to any criminal prosecution simply because they were victims of this fraudulent CPA and unwittingly signed their names to the tax returns? Most people do not bother to look at the tax returns, they simply sign where the accountant tells them and pays the fee.

If an agent wants to speak to one of the clients, do they need an attorney?

What are the clients facing here?


Asked on 5/23/03, 11:40 pm

1 Answer from Attorneys

Randall A. Lenz Randall A. Lenz, Atty, CPA

Re: Fraudulent CPA?

Clients are not subject to criminal prosecution just because the CPA has improperly or fraudulently prepared returns. However, a client who signs a return he knows to be untrue with intent to defraud is subject to criminal prosecution. The IRS has the right and perhaps the duty to determine if a conspiracy exists between the CPA and the clients who have undoubtedly reaped some unjustified tax benefit from the fraudulent activity. Those taxpayers who were clueless, unwittingly duped or could show that their reliance on the CPA was justifiable under the circumstances are probably all OK - but to the extent the IRS makes adjustments on audit - additional taxes, interest and possibly civil penalties could still be assessed. I do not know enough of the circumstances to advise whether an attorney would be a good idea for you - but by asking the question, maybe you already know the answer - err on getting the professional advice you need.

Read more
Answered on 5/24/03, 12:08 am


Related Questions & Answers

More Tax and Taxation Law questions and answers in Florida