Tax Rep Network with Eric Green

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 interactions play out, including when they lead to declined prosecutions… and when they don’t.

Finally, the episode explores the realities of sentencing, restitution, and negotiation dynamics—breaking down how numbers drive outcomes, why simplicity matters in front of a jury, and how acceptance of responsibility can significantly impact a client’s future.

Whether you’re a tax professional, attorney, or advisor, this episode delivers practical insight into navigating criminal exposure, advising clients effectively, and understanding how the government thinks at every stage of a case.

If you haven’t listened to Part 1 yet, start there—this is a continuation you won’t want to miss.

Want to contact John? Email him at: [email protected].

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 side, John also shares what it’s like transitioning from prosecutor to advocate—working with clients in crisis, navigating complex facts, and seeing firsthand that every case has more than one side.

If you’re a tax professional, attorney, or anyone curious about how criminal tax enforcement really works, this episode offers a rare insider perspective you won’t hear anywhere else.

Want to contact John? Email him at: [email protected]

In this inspiring and practical episode, Eric Green sits down with tax attorney and educator Beverly Winstead to break down one of the most overwhelming challenges taxpayers face: getting out of tax debt—and staying out.

Drawing from her book Get Out of Tax Debt Now, Beverly shares not only the technical steps to deal with the IRS, but also the mindset shifts that are critical to overcoming financial struggles. From her journey as a student-athlete to running the Low Income Taxpayer Clinic at the University of Maryland, Beverly brings a unique blend of personal experience, resilience, and professional expertise to the conversation.

This episode goes beyond tax strategy—it’s about real-life challenges and real solutions. Beverly opens up about her own financial hardships, including student loan debt and facing foreclosure, and how those experiences shaped her mission to help others navigate the system with clarity and confidence.
Whether you’re a taxpayer feeling overwhelmed or a practitioner looking for a better way to guide clients, this episode delivers clear, actionable advice without the jargon.

If you’re tired of ignoring the problem and ready to take control, this conversation is your starting point.
Grab a copy of Beverly’s new book here!

Want to contact Beverly? Email her at: [email protected].

A recent court ruling could unlock major refunds for taxpayers – but the clock is ticking. In this episode, Eric Green sits down with Kenny Dettman to break down the massive implications of the Kwong and Abdo decisions, as well as why they could mean widespread penalty and interest abatements tied to the COVID-era IRS shutdown period.

At the center of it all? The IRS’s handling of IRC §7508A during the federally declared disaster window from 2020 through mid-2023. According to recent rulings, deadlines may have been suspended, potentially invalidating penalties and interest assessed during that time. But here’s the catch: the deadline to act is July 11, 2026. They also discuss scalable solutions, including new tools designed to automate transcript retrieval, calculations, and filings, giving both taxpayers and practitioners a way to act before time runs out.

Whether you’re a tax professional or a taxpayer, this is one of those “don’t miss it” moments. Because come July 12… the opportunity may be gone for good. Tune in now and make sure you’re not the one saying, “Why didn’t I know about this?”

Check out Penalty Back and see what you can recover here: https://trn.penaltyback.com/

In this week's episode, tax rep Network founder Eric Green discusses the issue of whether you can truly build a million-dollar IRS rep practice, and why he knows that it will absolutely work, if you commit to it. For those having self-doubts about their practice, listen to this short but powerful message.