Inside A Criminal Tax Case With John Mulcahy
From Tax Rep Network with Eric Green by Eric L. Green, Esq. - National Speaker and Author
May 18, 2026 · 25 min
About this episode
Eric Green interviews former federal prosecutor John Mulcahy about the intricacies of criminal tax cases and the enforcement process.
What really happens when a tax case goes criminal? In this episode of the Tax Rep Network Podcast, host Eric Green sits down with former federal prosecutor John Mulcahy —now in private practice at Nixon Peabody—to pull back the curtain on how criminal tax cases are built, reviewed, and prosecuted. Drawing on over a decade of experience at the U.S. Attorney’s Office and the DOJ’s tax division, John walks through the lifecycle of a criminal tax case—from initial IRS investigation to DOJ review, grand jury proceedings, and ultimately, prosecution decisions. Along the way, he explains why the DOJ still plays a critical gatekeeping role and how consistency in tax enforcement is maintained nationwide. But this conversation goes beyond process. Eric and John dig into the real-world dynamics that shape outcomes: the discretion of Assistant U.S. Attorneys, the strategic decisions behind charging (or declining) a case, and the often misunderstood role of “willfulness” in tax crimes. Through candid stories and behind-the-scenes insights, they highlight how cases can turn on a single issue—especially intent—and why listening closely to clients can make or break a defense. Now on the defense…
People in this episode
Host: Eric Green
Guest: John Mulcahy
Topics covered
- criminal tax cases
- IRS investigation
- DOJ review
- prosecution decisions
- tax enforcement
- defense strategies
Keywords
- criminal tax case
- IRS
- DOJ
- prosecution
- tax enforcement
- willfulness
- defense
- Assistant U.S. Attorneys
Mentioned in this episode
Organizations: Nixon Peabody, U.S. Attorney’s Office, DOJ
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