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Brian H. Mahany

Brian Mahany’s Answers

6 total

  • If my exboyfriend has frauded the IRS of about $125,000 for past 5 years on his taxes. Will he do jail time or just have to pay

    the fines back? Will additional fines be added to what he initiallyy owes and will his wages be garnished? He used an old business to put losses each year of about $20,000 , he used fake business expenses, he got a refund of about $3000 each year ...

    Brian’s Answer

    There are many variables at play and often there is no rhyme or reason as to what cases are criminally prosecuted and which cases result in civil audits only.

    You may wish to contact the IRS and file a whistleblower complaint. You can generally remain anonymous and claim an award if the IRS uses your information and recovers delinquent taxes from him. The amount of the award depends on how much money is recovered and if your ex meets certain income requirements. More info is available from the IRS website:

    Make sure that you weren't part of his scheme. The IRS can prosecute those who "aided and abetted" someone else's tax evasion.

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  • What kind of lawyer I need to sue H&R Block?

    Hi, my husband and I have been using H&R Block to submit our taxes for the last three tax seasons. Not so long ago, we received a letter from the IRS stating that we owe them over $3,000. We went to H&R Block’s nearest office to find out what happ...

    Brian’s Answer

    By now, you have seen the bad news. Preparers make mistakes (just like lawyers). Unfortunately, it will be difficult to get H&R Block to pay anything more than the interest and penalties.

    Had they prepared your return correctly, you would have had to pay the tax. I realize that the $1,200 you didn't have to pay is probably gone, but you owe it and would have owed it had the return been prepared correctly.

    Save your money and don't spend it on a lawyer. Perhaps you can get H&R Block to help you with a payment plan with the IRS if you can't pay them all at once. It's the least they can do.

    Good luck!

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  • Being investigated for irs fraud, but im a liscened tax prepared, my funds of over $9,000 are froze. Can i get money back?

    I do a rapid refund for clients and pay out of pocket and have their tax returns sent to my bank. Suntrust went to irs and now im under investigation and cant get my money. I have noterized signatures and proof that this was all done legally. I ha...

    Brian’s Answer

    The IRS is quick to seize money and slow to release it. If the loss of $9,000 isn't bad enough, the IRS can also bring a Director of Practice action and potentially prevent you from preparing returns.

    There is a lot going on here and not enough information to really help you unravel this mess. Be aware, however, that the IRS has been scrutinizing rapid refund schemes. (I am not saying yours is a "scheme" but the IRS is aggressive in this area.

    You really need to find a good local tax attorney. Obviously you know about AVVO and you may also wish to try the local bar association if they have an attorney referral service. The bar will get usually get you a free or discounted initial consultation. AVVO will get you a qualified lawyer.

    Good luck!

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  • My ex-boyfriend, Harold McBride; stole my inheritance, my house and obtained credit in my name. Can I sue him?

    He moved two states away to avoid prosecution. Can he be sued under Federal RICO statutes?

    Brian’s Answer

    The advice in the other answers is quite sound. First step, file a police report.

    Even if the police take no action, you will need the police report to get the bank to unravel any complications with your bank accounts. Generally, banks will restore money taken from your account in cases of identity theft IF it was promptly reported to them. In other words, don't delay.

    If your ex-boyfriend has opened bank accounts or charge cards or incurred debt in your name you will also wish to notify the three credit reporting agencies. They can flag your file so that others do not open accounts in your name.

    Unwinding the damage from an identity theft is quite time consuming. With patience, however, it is possible.

    You certainly have a good grounds to sue this individual. Collection, however, may be difficult. Winning a lawsuit doesn't mean you will collect any money. It's often hard to collect from deadbeats with no assets, no job and especially difficult if they are in jail.

    Filing a civil RICO suit is extremely time consuming and expensive. You would also have to show that he committed this crime with the assistance of others. Based on the few facts available, I would concentrate my efforts on cleaning up your credit, getting back the money from the bank and making sure the cops understand the damage he caused you. Just because he moved doesn't mean the local police can't get a warrant for his arrest.

    Good luck!

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  • I need an attorney that is an expert on cyber crime here in Miami. Emergency! Thank you.

    I was targeted by my employer wanting to delete my payroll sheets, not paying taxes and monitoring me so I would not tell our investor both were stealing his money! They made my life miserable, tormenting me by placing all my data illegally under ...

    Brian’s Answer

    • Selected as best answer

    Your question does not indicate whether you went along with their requests to delete information. If you did assist them, you may be an accomplice to their crime. Most federal law enforcement agencies do not prosecute people who come forward to report a crime if that person was coerced and had a minor role in the crime. It's best, however, to consult with a criminal defense attorney and have her or him assist you in making things right. Doing nothing may not be an option, especially if your employer later tries to put the blame on you.

    To the extent they have taken personal data belonging to you, there may be the ability to sue them. Remember, however, that personal data on work computers is a murky area.

    I remain most concerned about the allegations that your employer was stealing money from an investor. You need to get ahead of that problem immediately.

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  • What if I report a company for tax, unemployment, and DOT fraud and they disrupt my life in retaliation?

    I worked for a company for many years and witnessed the President (100% shareholder) and the Vice-President (related) commit what I believe are illegal acts. Paying people under the table who are drawing unemployment, making cash deals and deleti...

    Brian’s Answer

    Many states and the federal government have protections for whistleblowers. As a practical matter, however, you could still lose your job and it might take a year or more to get any assistance from the courts.

    Some laws, like the IRS Whistleblower program, can actually pay you an award for coming forward with information that leads to taxes being recovered. The IRS can protect your identity in most (not all) cases too. Most lawyers that handle IRS whistleblower cases do so on a contingency fee basis meaning you don't have to pay unless they recover.

    If you are participating in illegal acts, consider finding a new job. There is no reason why you should get tangled up in someone else's fraud scheme.

    My immediate advice is to speak with an attorney experienced in labor law. He or she can explain your rights if you decide to come forward. In the interim, if you are really worried about "small town" retaliation, be careful what you post on the Internet.

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