Inside A Criminal Tax Case Part 2 With John Mulcahy

Inside A Criminal Tax Case Part 2 With John Mulcahy

From Tax Rep Network with Eric Green by Eric L. Green, Esq. - National Speaker and Author

May 21, 2026 · 50 min

About this episode

Eric Green and John Mulcahy discuss the intricacies of criminal tax cases, focusing on the prosecution process and defense strategies.

In Part 2 of this deep-dive series, Eric Green is joined again by former U.S. Department of Justice Tax Division attorney John Mulcahy for an unfiltered look at what really happens behind the scenes in a criminal tax case. This episode pulls back the curtain on the critical decision-making process inside the government—from how cases are reviewed and approved for prosecution to the high bar prosecutors must meet under the “reasonable probability of conviction” standard. John walks through what happens when IRS agents submit a case, how DOJ attorneys analyze evidence, and why some cases get sent back for further development before charges are ever filed. Eric and John also tackle one of the most important (and misunderstood) opportunities for defense attorneys: the pre-charging conference with the DOJ. They explain why these meetings matter, how they can change the trajectory of a case, and what prosecutors are really looking for before deciding whether to move forward with criminal charges. The conversation then shifts to strategy—covering proffers, reverse proffers, and how both sides use these tools to either build or defend a case. You’ll hear real-world examples of how these…

People in this episode

Host: Eric Green

Guest: John Mulcahy

Topics covered

  • criminal tax case
  • prosecution process
  • defense strategy
  • pre-charging conference
  • evidence analysis
  • sentencing dynamics

Keywords

  • criminal tax case
  • prosecution
  • defense attorney
  • pre-charging conference
  • IRS
  • DOJ
  • evidence analysis
  • sentencing

Mentioned in this episode

Organizations: U.S. Department of Justice, IRS

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