Tag Archives: white collar crime

Illinois white collar crime defense lawyer

No one likes paying taxes. You see money being siphoned from your paycheck each month and dread receiving your tax return just to hear that you owe the government even more money. Unfortunately, there is no way to escape this aspect of “adulting.” Some individuals will use tax avoidance to try to lower their tax bills. This is not to be confused with the illegal practice of tax evasion. Avoidance is a legal method of structuring your finances and transactions to help you receive the largest tax benefits at the end of the year. While tax evasion may sound similar, it is actually an illegal attempt to cheat the system. In some circumstances, a person can unintentionally commit tax fraud as the victim of scammers.

Examples of Tax Evasion

Tax evasion is a type of tax fraud that could lead to someone spending time behind bars. Some people unintentionally commit tax fraud, but many offenders intentionally try to avoid their civic duties. Actions that could result in criminal charges include:

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b2ap3_thumbnail_sales-tax-evasion.jpgA DuPage County man was recently indicted on theft and tax fraud charges for allegedly stealing over $391,000. The man, who managed a tobacco shop in Glendale Heights, is alleged to have understated his sales tax liability by filing fraudulent sales tax returns between August 2011 and July 2014. He has been charged with theft of government property, sales tax evasion, filing a fraudulent sales tax return, and wire fraud.

Sales Tax

When consumers buy products or services in Illinois, they owe sales tax to the state government. Instead of requiring consumers to track their purchases and pay sales tax directly to the Illinois Department of Revenue, sellers generally collect the tax and hold it in trust for the state. The seller must then pay the money to the state, generally on a monthly basis. If the seller does not pay the sales tax to the state, it is a criminal offense.

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Embezzlement tends not to be an everyday word that people hear often. It is most often spoken in action movies in which the characters create fake identifications and get high-paying jobs, which they use to embezzle money from the company to become rich before retiring to a far-away, tropical island.  The word “embezzlement,” though, was defined in Moore v. United States in 1895 by the Supreme Court. “Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.” What this means is that, for example, if someone is hired for a job working for the government doing some financial work, he or she is then legally responsible for that money. If that person then decides to misuse or use that money for a reason other than its intended purpose, such as putting it into a personal bank account, he or she is embezzling that money. Moore v. U.S. also stated that there is a difference in embezzlement and larceny because in embezzlement the criminal received control of the money or property lawfully and knowingly of those who own it. In larceny, the criminal intends to misuse the money when he or she takes the money or position in which he or she can take the money. Within the crime of embezzlement, there are six elements:

  1. There is some type of trustworthy relationship between the property owner and the alleged embezzler
  2.  The property is government property
  3.  The defendant gained possession or responsibility of the property through his or her employment
  4.  The property did not belong to the defendant, it is the property of the United States
  5.  The actions taken with the property by the defendant was not appropriate  for its own use, it was used for something other than its intended use
  6.  The defendant intended for the owner of the property to no longer have that property

If you have considered using a government position to embezzle money for your own gain, first consider that it is a serious offense. If you have been  accused of embezzlement, contact a Naperville white collar crime defense attorney for help. Law Office of Glenn M. Sowa, LLC, Attorneys at Law can assist you with your embezzlement case in Naperville, Ill. today.

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