Skip to main content

Should I meet with an IRS Criminal Investigator without an attorney if they have already confiscated all money from my biz act

Los Angeles, CA |

Being investigated for "structuring". IRS Criminal Investigator wants to meet but insisted on not bringing an attorney to the meeting or he would immediately refer us to the DA. What is likely to happen during this meeting?

Attorney Answers 6

Posted

You need to at least schedule a consultation with a tax attorney immediately because anything you say without counsel present can be used to criminally indict you.

Good luck!
Phillip M. Smith Jr.
Los Angeles Tax & Business Attorney
Licensed in the United States Tax Court
www.culvercitytaxandbusinesslaw.com
www.corporateattorney.com
www.worlclasslawyers.com
Call: 323-292-4116 or 562-505-1004

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.

Mark as helpful

1 found this helpful

10 lawyers agree

2 comments

Asker

Posted

The problem is they confiscated funds on Friday and scheduled to meet us Monday morning at 9:30am. This has made it extremely difficult to find an attorney to advise and possibly accompany us. Should we reschedule or would that aggregate the investigator?

Phillip Monroe Smith

Phillip Monroe Smith

Posted

You should reschedule and meet with an attorney.

Posted

As my colleague said, do NOT meet with the IRS before you've consulted with counsel. You absolutely have the right to be represented and the agent's suggestion that you forgo that right is reprehensible. Hire a lawyer and follow his or her advice, but do do BEFORE you say anything else to the IRS.

Mark as helpful

1 found this helpful

9 lawyers agree

3 comments

Asker

Posted

The problem is they confiscated funds on Friday and scheduled to meet us Monday morning at 9:30am. This has made it extremely difficult to find an attorney to advise and possibly accompany us. Should we reschedule or would that aggregate the investigator?

Robert Kenneth Morrow

Robert Kenneth Morrow

Posted

It may aggravate the agent, but you are entitled to counsel and it's in your best Internet to be represented. Hire a lawyer.

Robert Kenneth Morrow

Robert Kenneth Morrow

Posted

It may aggravate the agent, but you are entitled to counsel and it's in your best Internet to be represented. Hire a lawyer.

Posted

You need to talk with an attorney first.

If you need representation, call us at (530) 758-8317 or email thelaw@mytrustedlawyer.com Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. If you want that advice from us, contact us at thelaw@mytrustedlawyer.com.

Mark as helpful

1 found this helpful

8 lawyers agree

1 comment

Asker

Posted

The problem is they confiscated funds on Friday and scheduled to meet us Monday morning at 9:30am. This has made it extremely difficult to find an attorney to advise and possibly accompany us. Should we reschedule or would that aggregate the investigator?

Posted

You definitely need to consult an attorney experienced in the defense of alleged structuring violations. Money laundering is a serious criminal offense. You are at a very serious disadvantage if you meet with the investigator without experienced counsel.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

1 found this helpful

8 lawyers agree

2 comments

Asker

Posted

The problem is they confiscated funds on Friday and scheduled to meet us Monday morning at 9:30am. This has made it extremely difficult to find an attorney to advise and possibly accompany us. Should we reschedule or would that aggregate the investigator?

Michael Raymond Daymude

Michael Raymond Daymude

Posted

Tomorrow? It's your call. Us? I would borrow money from a friend and consult with an attorney first. The investigator will use anything you say against you and if you fail to tell the truth that will be used against you too. Good luck.

Posted

It would be reckless to not meet with counsel before you go to this meeting. Counsel would be reckless in letting you go. Of course they don't want you to have an attorney because they hope you will blunder and give them enough to then send it to the DA for a conviction.

If you liked this answer, click on the thumbs up or vote it best answer! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

Mark as helpful

5 lawyers agree

1 comment

Igor Drabkin

Igor Drabkin

Posted

The fact that the IRS took your money, does not mean that the case is over. The IRS-CI's goal is to develop a criminal case which may result in a successful prosecution. You need to see a knowledgeable tax attorney.

Posted

NO WAY!!!. The money in your account might be the least of your problems if this turns into a criminal matter.

Christopher Larson
Insight Law

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics