Bloomberg BNA Releases New Supplement to White-Collar Crime Treatise

Bloomberg BNA has published the 2012 Cumulative Supplement to Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation, providing updates on the array of complex legal, factual, logistical, and tactical issues raised by such litigation.

This treatise focuses on criminal cases handled by the IRS and also examines the significant legal issues that exist in every complex white-collar criminal practice. The application of this guidance ranges from traditional case law to today’s most cutting-edge issues, such as offshore accounts and related topics, including: prosecutions, reporting requirements, and voluntary disclosure; tax shelter prosecutions and related problems involving intent when the tax law may be unclear; corporate prosecutions and deferred prosecution agreements; recent developments in the Supreme Court’s interpretation of the money laundering statutes; and sentencing in “white-collar” cases under an “advisory” Federal Sentencing Guidelines regime.

Written by a lawyer who has served as both a prosecutor and defense attorney, this treatise provides a comprehensive and current overview of the law and procedure for IRS criminal cases, including investigations, indictment, pretrial practice, plea agreements, trial, and sentencing. It describes how a tax or currency matter that began as a civil issue can turn into a criminal case, as well as the elaborate process for approval or rejection of a proposed tax prosecution. The insights provided in Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation are relevant not to only a wide variety of lawyers such as defense attorneys and corporate counsel, but also to financial institutions, business and tax professionals, and federal government agencies.

The 2012 Cumulative Supplement provides discussion of:

  • The government’s high-profile enforcement campaign against undisclosed offshore financial accounts, including the increased investigation and regulation of banks and the 2012 voluntary disclosure program for offshore accounts  
  • The government’s increasing willingness to use of evidence gathered by IRS civil personnel to advance criminal tax investigations, and related parallel investigation issues
  • How the receipt of alleged legal fees may result in money laundering charges
  • The new electronic versions of many Bank Secrecy Act reporting forms
  • The evolving definition of “tax loss” under the Federal Sentencing Guidelines, how it may be increased or decreased, and how it can lead to onerous orders of restitution

Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation, 2012 Cumulative Supplement is authored by Peter D. Hardy, a principal in the Philadelphia, PA, office of the law firm of Post & Schell PC, where he is part of its national White Collar Defense, Compliance & Risk Management Practice Group. This treatise is available for sale directly from Bloomberg BNA and also will be available on the Bloomberg Law legal research system.