If you're facing prosecution for a tax crime, you may be considering fleeing the United States to avoid prison and wonder what would happen if you do so. It's impossible to state all of the possible outcomes in a blog post—for that, you need an experienced attorney to review your case—but we can some likely possibilities. 

First, if you think you end the investigation or trial by leaving the United States, that's not true. Instead, federal prosecutors can try someone for tax crimes in absentia. And if you've fled, then you have no way to mount a defense. Therefore, you should expect to be convicted and receive a steep sentence.

Significantly, leaving the country does not necessarily mean you've escaped prosecution. Those who have fled because of tax crimes can be extradited to the United States. For example, in February 2022, U.S. federal prosecutors announced that the Mexican government had turned over Jose Echeverria, a U.S. citizen who had pled guilty to filing a fraudulent tax return but escaped to Mexico before sentencing.

Additionally, you can expect news charges to be brought against you relating to your having left the U.S.; the penalties for fleeing may be almost as severe as the punishment you were trying to avoid in the first place.

In 2019, Remijio Rafael Hau Chi was convicted of filing 138 false federal income tax returns. He was sentenced to pay restitution, and he was to serve 22 months in prison. Hau Chi fled to Mexico, but he, too, was later extradited to the U.S. At that time, he was convicted of a new crime relating to his flight—contempt of court—and the judge sentenced him to another 18 months in prison, to be served after he'd completed his original sentence.

So the penalty for fleeing almost doubled the time he will spend in prison.

If you are concerned about being charged with a tax crime, the best thing to do is to resolve the issue head-on. Work with an attorney who specializes in tax law to review your potential liability, mount a solid legal defense, and come up with a strategy in a plea agreement or at trial. But don't wait until IRS agents or U.S. Marshals come to your door. If you need help, call Senior Partner, Tax Controversy Attorney, and former IRS attorney Brandon A. Keim at (602) 200-7399 or contact him online to discuss your options.