Tax crimes are specific intent crimes-requiring the violation of a known legal duty. The panel explores when a potential mental impairment should be considered a defense or mitigation during sentencing.
Frank Agostino is the president of Agostino & Associates, P.C., a law firm in Hackensack, New Jersey specializing in civil and white-collar criminal litigation, tax controversies, and tax planning.
Before entering private practice, Mr. Agostino was an attorney with the Internal Revenue Service’s District Counsel in Springfield, Illinois, and Newark, New Jersey. He also served as a Special Assistant United States Attorney, where he prosecuted primarily criminal tax cases.
As an adjunct professor, Mr. Agostino taught tax controversy at Rutgers School of Law and served as the Rutgers Federal Tax Law Clinic’s co-director.
Mr. Agostino is a frequent speaker and author on tax controversy and litigation matters. He serves on the Advisory Board of the Journal of Tax Practice and Procedure. Mr. Agostino is actively involved with the American Bar Association and the New York County Lawyers’ Association.
Mr. Agostino is also the President of the Taxpayers Assistance Corp., which provides tax and legal advice to low-income taxpayers in the NY/NJ area.
Sharon L. McCarthy, a Fellow of the American College of Trial Lawyers, has extensive experience representing individuals and corporations in white-collar criminal matters as well as civil and criminal tax controversies. Her cases have included government investigations of tax fraud, mail and wire fraud, accounting fraud, failure to file tax returns, antitrust violations, securities fraud, bank fraud, attorney misconduct, and much more. Ms. McCarthy also conducts sensitive internal investigations for corporate and institutional clients, either facing potential criminal charges or whose officers or employees have engaged in misconduct. She has represented individuals who have been implicated, but not charged, in connection with recent major public corruption cases.
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