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 white collar crime.**
**White collar crime is defined as an illegal act committed by non-physical means and by concealment or guile -to obtain money or property -to avoid payment or loss of money or property -to obtain business or personal advantage
Job Duties:
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:
1. 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 violated.
– Renders advice on current or proposed investigation and audit techniques.
– 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 from third parties.
2. Gathers evidence for referral of cases to prosecutorial agencies.
3. Assists in the drafting of accusatory instruments and search warrant applications.
4. Prepares detailed case reports.
5. 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.
6. Meets with prosecuting attorneys as necessary to assist with the prosecution of cases.
7. When requested, become cross-designated as assistant district attorneys.
8. 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.
9. Provides legal assistance to staff of other Department programs regarding interrelated issues and activities related to tax fraud investigations or other CID programs.
10. Works with Office of Counsel to assist in the provision of legal advice to non-CID employees located within the District Office.
11. Performs other related duties as required.
12. Adheres to the Department’s time and attendance rules.
