White Collar Watch - October 2013

In This Issue:

- Small businesses beware: IRS deploys “big data” to scrutinize cash transactions

- Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss class action lawsuit

- Federal court confirms broad reading of “willfully” in health care false statements cases: Ignorance of the law is no defense.

- Excerpt from Small businesses beware:

Small businesses should take note that Internal Revenue Service (“IRS”) examinations and actions are increasing. According to Margaret Leigh Kessler, assistant chief of the Western Criminal Enforcement Section, Tax Division, of the Department of Justice, the IRS has begun prosecuting more tax-related cases in recent years, has increased the number of business tax cases it pursues and has demonstrated a willingness to prosecute matters involving smaller amounts of tax loss. For example, on July 24, 2013, the owner of a home improvement company operating in the Pittsburgh, Pennsylvania area was sentenced to 18 months incarceration and three years supervised release for failing in 2006, 2007 and 2008 to pay over to the IRS taxes withheld from his employees. The amount not remitted equaled roughly $87,500 in total for the three years...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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