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Legal Defenses for ERC Fraud in Boston

Learn About the Defenses to ERC Fraud from Our Experienced Tax Defense Attorneys in Boston

Allegations of Employee Retention Credit (ERC) fraud can have serious consequences. The federal government is actively targeting businesses in Boston and other major cities for ERC fraud, and these efforts are resulting in indictments and convictions for a wide range of federal crimes. While businesses (and business owners) may have a variety of defenses available, identifying these defenses—and asserting them effectively—requires experienced legal representation.

We have significant experience representing businesses and business owners in ERC fraud cases. If you are under investigation or facing charges in Boston, we can conduct a prompt and comprehensive case assessment to determine what defenses you have available. Our Boston tax defense attorney can then assert these defenses on your behalf—working to resolve your investigation without charges (if possible) and fighting to avoid a conviction in court if necessary.

Examples of Possible Defenses to ERC Fraud Allegations

While there are several potential defenses to ERC fraud allegations, determining which defenses are available in any particular case requires our IRS criminal tax lawyer to make a critical assessment of the facts involved. This includes key facts such as:

  • Did your business validly claim (and accurately calculate) the ERC? Or did your business incorrectly claim the credit?
  • If your business incorrectly claimed the credit, is there any evidence to suggest that the incorrect claim was willful?
  • What charges is the federal government pursuing? Is IRS Criminal Investigation (IRS CI) focused on prosecuting your business (or you personally) for tax fraud, or are you potentially facing charges for mail fraud, wire fraud, money laundering, conspiracy and other federal crimes?

Based on the answers to these questions (among others), our Boston tax defense attorney can build a defense strategy that is tailored to the circumstances of your case. Depending on the facts at hand, we may be able to assert defenses such as:

Compliance with the Terms of the ERC

If possible, we will defend you and your company by demonstrating compliance with the terms of the ERC. Just because you are under investigation, this does not necessarily mean that you have done anything wrong. The federal government initiates investigations for a variety of reasons, and not all investigations are justified.

Inadequate or Inadmissible Evidence of ERC Fraud

We can also seek to defend you against ERC fraud charges by challenging the adequacy and/or admissibility of the government’s evidence. If the government does not have the evidence it needs to prove guilt beyond a reasonable doubt, then prosecution is unwarranted.

Lack of “Willfulness” or Intent

Even if you (or someone within your organization) have made mistakes, it may still be possible to avoid criminal prosecution by arguing lack of “willfulness” or intent. Federal crimes such as tax fraud and tax evasion require proof of a criminal mindset, and without this proof, the government won’t be able to secure a conviction.

Contact a Boston Tax Defense Attorney for a Confidential ERC Fraud Defense Strategy Consultation

If you need to know more about the defenses to ERC fraud, we encourage you to contact IRS criminal ERC lawyer Kevin E. Thorn, Managing Partner at Thorn Law Group promptly. Call 617-692-2989 to schedule a confidential consultation with a skilled Boston tax defense attorney.


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