Jack Townsend of Federal Tax Crimes blog in Ninth Circuit Joins the Parade on 7206(1) as Deportable Crime:
In Kawashima v. Holder, ___ F.3d ___ (9th Cir. 2009), decided 1/27/10, the Court held that Section 7206(1), tax perjury, was a deportable crime and that, depending upon the circumstances, Section 7206(2), aiding and assisting, may be a deportable crime.
Advice for Defense Lawyers:
In order to enter a “knowing” plea, criminal defendants must be apprised of all of the adverse consequences of their plea, not just the potential sentence.
So, before having your non-citizen client enter into a plea with the government that includes the admission of tax perjury or any other similar fraud or false statement crimes, you should consult with an immigration attorney to find out whether or not the offense to which he is to plead is an aggravated felony under U.S. immigration law.
Otherwise, even though your client may avoid jail time, he may shortly thereafter be served with a Notice to Appear (NTA) before a federal immigration in a deportation proceeding.
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1 Tax Perjury can get you Deported « taxattorney // Feb 2, 2010 at 4:21 pm
[...] this article: Tax Perjury can get you Deported Tags: before-having, client-enter, false-statement, find-out, government, includes-the-admission, [...]
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