Under the direct supervision of the Executive Attorney or a Supervising Attorney for Criminal Enforcement, the incumbent provides legal advice to Criminal Investigations Division (CID) staff located within the assigned District Office. Specifically, the incumbent:
- Coordinates all phases of the investigation and referral of suspected criminal tax fraud case to ensure a successful prosecution:
- In cooperation with the audit and investigations staff, assists in determining case selection in addition to the planning of the overall audit and Investigation strategy.
- Ensures that evidence gathered will be admissible in court.
- Ensures that taxpayers' and witness' constitutional rights are not violate.
- Renders advice on current or proposed investigation and audit techniques.
- Assists in the development of statewide projects to detect criminal tax fraud.
- Assists in the development of statewide projects to detect criminal tax fraud.
- Assists staff in developing strategies to obtain records and other information from taxpayers, corporations, or their legal representatives.
- Assists staff in developing strategies to obtain records and other information from taxpayers, corporations, or their legal representatives.
- Assists staff in developing strategies to obtain records from third parties
- Gathers evidence for referral of cases to prosecutorial agencies.
- Assists in the drafting of accusatory instruments and search warrant applications.
- Prepares detailed case reports
- Maintains contact with the New York State Attorney General's office, local district attorneys, and the United States Attorney's office, on cases slated for prosecution:
- Supplies any additional information as needed.
- Prepares auditors and investigators to act as expert witnesses.
- Tracks the disposition of referred cases.
- Meets with prosecuting attorneys as necessary to assist with the prosecution of cases.
- When requested, become cross-designated as assistant district attorneys.
- Recommends changes in policies or procedures, or changes in tax fraud legislation, based on research, analysis, and evaluation of new federal and state legislation, and on court decisions.
- Provides legal assistance to staff of other Department programs regarding Interrelated Issues and activities related to tax fraud investigations or other CID programs.
- Works with Office of Counsel to assist in the provision of legal advice to non-CID employees located within the District Office.
- Performs other related duties as required.
- Adheres to the Department's time
Minimum Qualifications
Admission to the New York State Bar and three years of post-New York State Bar experience as an Attorney, one year of which must have involved the defense or prosecution of crime.
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