Archive for the ‘Criminal Defense’ Category

In an ongoing feud reported on by The Tennessean, Nashville Metro police are at odds with ICOP Digital Inc. over the the destruction of 1,300 police dashboard camera videos.  Such videos constitute key evidence in any case involving traffic stops, from DUI and speeding to automobile searches.  At issue is how exactly the videos were suddenly deleted and why no backups were made.  Talk about throwing a monkey wrench into a lot of cases.

If you or a loved one face have been arrested or cited, call the criminal defense attorneys at The McKellar Law Firm today for your FREE Consultation, at (865) 566-0125.

The 11th Circuit Court of Appeals has upheld Wesley Snipes’ 3-year jail sentence he received after being found guilty of three misdemeanor counts of failing to file a tax return.  The ABA Journal reports:

Saying that a federal district judge in Florida had discretion to sentence Wesley Snipes the maximum term, a federal appeals court has upheld the actor’s three consecutive one-year sentences on three misdemeanor counts of willfully failing to file a tax return.

Snipes reportedly owes the Internal Revenue Service some $17 million (presumably minus a $5 million payment he made on the eve of sentencing in 2008). And, although his law firm dropped him as a client when he refused to follow advice that he was violating tax law, Snipes not only refused to file himself on bogus grounds but urged others to follow his lead, recounts the Atlanta-based 11th U.S. Circuit Court of Appeals in its written opinion (PDF).

Although Snipes contended that the only reasonable sentence for him was probation, citing his college education, family and charitable works, among other mitigating factors, the 11th Circuit found otherwise: “The district court acted well within its considerable discretion in sentencing Snipes to 36 months in prison,” the appellate panel writes.

For help with your tax situation, contact attorney Norman D. McKellar today at 865-566-0125.

We’ve written previously about inmates filing false tax returns while incarcerated, but this post is the first one about inmates doing so while so close to home, in Sevierville, Tennessee.  The story from Knoxnews.com is below.  If you need help with a tax crime, contact criminal defense and tax attorney Norman D. McKellar today at 865-566-0125.

KNOXVILLE – A Sevierville man faces charges he filed false tax returns while incarcerated on behalf of prison inmates, resulting in refunds totaling about $58,651, according to the U.S. Department of Justice.

Walter Allen “Beau” Johnson is named in an indictment charging him with filing false claims against the U.S. and with conspiring to defraud the U.S.

According to a Justice Department news release, Johnson submitted false tax returns claiming refunds on behalf of inmates from February 2006 to January 2007. He collected inmate Social Security numbers and recruited other inmates to secure Social Security numbers.

He used the Social Security numbers to file false income tax returns with the Internal Revenue Service, claiming refunds to which the inmates were not entitled, according to the Justice Department.

Johnson and the other inmates got about 88 U.S. Treasury checks, according to the government.

If convicted, he faces a maximum 65 years in prison and a maximum fine of $3 million.

The Bristol Herald Courier reports that those tiny roses sold inside glass tubes at gas stations are in fact being used by people who smoke drugs, like crack and meth.  Yes, nothing says “I love you” like buying your sweetheart a rose and some drug paraphernalia in one stop.  For now, the local police are not moving in to bust this syndicate of sin, but they are aware the potential for harm.  According to the federal Drug Enforcement Administration, drug paraphernalia is a multibillion-dollar industry, with most profits being made in the United States. In 2004, the agency busted a Detroit paraphernalia ring with 334,000 Love Roses, worth $1.3 million.

If you or your business face criminal charges, call the defense attorneys at The McKellar Law Firm today for your FREE Consultation, at (865) 566-0125.

Along with the $20 billion BP plans to set aside in response to civil claims, The New York Times reports that criminal charges are on the horizon.  Some analyst’s predict that such a scenario could make BP’s costs balloon to nearly $70 billion.  The ripple effects could spread to being blacklisted from future sales contracts with the government under procedures officially known as suspension and debarment.

If you or a loved face criminal charges, you need to know your rights.  Call the criminal defense attorneys at The McKellar Law Firm, for your FREE Consultation, at (865) 566-0125.

Being audited, especially via an in-person audit, can be a scary proposition.  Even worse, it could result in the IRS building a criminal a criminal case against you.  Forbes magazine has some good advice on what to do in the event you are audited, including:

When The Tax Man Cometh (In Person) – Forbes.com

A taxpayer should always be represented by an attorney if the case involves potential criminal offense, such as tax evasion, filing a willfully false tax return, or failure to file a tax return that is due. Often, if amended returns need to be filed in such a case, the attorney will hire a CPA to do this work.

If you need representation during or prior to an IRS audit, please contact Norman D. McKellar today at 865-566-0125.

The Press Association: 87% lured by tax dodgers’ discount

Most consumers would happily pay in cash for a discount even if told it was for tax evasion, according to a poll.

The survey for MoneySavingExpert.com found 87% of people would knowingly support criminal tax evasion in return for a discount.

Of that group, 22% said they would haggle for an even bigger discount.

The poll asked: “What would you do if a builder/masseuse/cleaner/plumber/market stall holder or anyone else offered you a 15% discount because ‘It’s better in my pocket than in the taxman’s.’?”

Of the 11,285 who responded, 65% said they would take the discount, 22% would haggle and ask for a bigger discount, 10% would refuse it and 3% would report it as tax fraud.

If you are facing criminal tax charges, contact Tennessee tax and criminal defense attorney Norman D. McKellar at 865-566-0125.

Durham woman sentenced for tax evasion :: WRAL.com

Greensboro, N.C. — A Durham woman received a six-month prison sentence Wednesday after pleading guilty to not paying federal taxes on nearly $600,000.

Cheryl Meliones was also fined $4,000 and will be placed on probation for 18 months following her imprisonment. She was sentenced in federal court in Greensboro.

An investigation by the Internal Revenue Service’s Criminal Investigation Division lead to charges against Meliones in October that she didn’t file a federal income tax return in 2004, 2005 and 2006. She pleaded guilty to failing to file a return for $596,100 in 2006.

Study Finds ‘Unattractive Harshness Effect’ for Uglier Defendants – News – ABA Journal

A new study finds that less attractive defendants fare worse in criminal cases when the jurors have an “experiential” style of judging.

These jurors, who tend to process information based on emotions and personal experience, were 22 percent more likely to convict the less attractive defendants than jurors with a rational style of decision-making, the study’s lead author, Justin Gunnell, tells the ABA Journal. These experiential jurors also gave the looks-challenged defendants sentences that were on average 22 months longer than sentences given to more attractive people. The study called the phenomenon an “unattractive harshness effect,” the Cornell Daily Sun reports.

The emotional/intuitive jurors were also more likely to change their verdicts based on legally irrelevant information, such as whether the defendants collected welfare. They were also more likely to report that the less attractive defendant looked like the “type of person” who would commit such a crime.

The online newspaper The Daily Beast reports that Tennessee is the most corrupt state in our country, based upon FBI and DOJ records  pertaining to mostly white collar crime.  Here’s a link to a slideshow of all 50 states’ rankings.

If you or a loved one has been charged with a crime, call the criminal defense attorneys at The McKellar Law Firm today for your FREE Consultation, at (865) 566-0125.