Hypothetical Criminal Investigation Question

Investor · Post by **Investor** » Thu Sep 13, 2007 1:10 pm

I have to first give some background so people don't think something insidious is going on here. A hobby of mine is fiction writing and this question is for the purpose of making a story realistic-this is not something I am experiencing myself.

Assume that a tax attorney (a real one, not a self proclaimed Schiff type) gets a little too aggressive with his tactics and the Service comes after him on criminal charges (conspiracy to defraud, I would assume would be the charges). I would assume they would get a subpeona for his client files. Could the attorney hide behind the attorney-client privelege in refusing to turn over files? It seems like an odd situation, as the clients are still at jeopardy and the files would hurt their cause as well as the attorney's.

How would it all work? Would the Service show up, unannounced, at the lawyer's office and remove him from the premises while they siezed the files?

Assume the government was completely unwilling to negotiate a plea w/ an attorney in the above described situation. What kind of sentence would a guy like that be facing? The criminal activity involves off-shore tax haven shennanigans (Cayman Islands, Bahamas, etc.).

I know of an attorney who was convicted for similar activities as my fictional character and I am going to research into exactly what transpired in his case, but I thought maybe some of the law enforcement types on this board could give me some good insight.

Thanks to anyone who has any thoughts on this.

Post by **webhick** » Thu Sep 13, 2007 1:22 pm

If you've written other books before, you might be able to get a liaison from Criminal Investigations to help you out on the non-confidential technicalities. It can't hurt to try.

Investor · Post by **Investor** » Thu Sep 13, 2007 1:25 pm

3. It is also possible that because of the tax attorney's actions, his/her client's would owe a lot of money and would turn around and sue the tax attorney for the amounts owed and other damages under the attorney's state's malpractice laws.

That absolutely comes into play in my storyline. I am envisioning the clients cutting deals w/ the Service that keep them out of the pokey, in exchange for their cooperation in putting the lawyer away. Does the government ever do things like that? They must.

Again, I'm most interested in the mechanics of the records seizure and the length of a prison term, assuming the lawyer does not "play ball".

I don't think an E&O policy would cover criminal activity by the lawyer, would it?

Thanks for your input CaptainK.