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Am I entitled to collect income tax if I was convicted of embezzling & haven't paid the money back?

Los Angeles, CA |

I was arrested for embezzling $180,000 from a small company that I worked for in 2010. I was convicted & served 6 months in jail. I have been working since late 2010 & income tax checks keep coming to me each year. I put them away & am holding on to them because I was told that I wouldn't receive any returns until my debt was paid back to the company or insurance company & these checks are a mistake by the IRS,which would be caught later on. Is that true or can I cash the checks,even though I have an outstanding balance from my crime?

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Attorney answers 2


Is there a restitution order in effect for your repayment of the money you stole? if there is, you'd better honor it. See the lawyer that defended you in your criminal case, or any other criminal defense lawyer, ASAP.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


What more interesting to me is the fact that you are very likely to be criminally charged for income tax evasion is you did not report the embezzlement income on your tax returns as you embezzled it. You need counsel and I would stay off public forums to get it. I’m defending an embezzler for income tax evasion currently. You’re looking at 5 years in jail for each year you did not report the embezzlement income and the IRS finds these cases by scanning the public records of state courts. It’s just a matter of time before they find you. These are federal charges that are independent of the charges levied against you in state court. If you gave testimony under a state grant of immunity – that grant of immunity will not protect you against federal charges. STAY OFF THE INTERNET!!!

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