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The applicable penalty for the non-willful failure to file a foreign financial account is applied on a per-form basis, not a per-account basis, the U.S. Supreme Court decided Feb. 28 in Bittner v. United States. This ruling, a divided opinion, settles a split among the circuit courts, provides significant relief to taxpayers who have failed to file (or late-filed) a form to report interests in foreign financial accounts when that failure is not willful. 

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Photo of Jared E. Dwyer Jared E. Dwyer

Jed Dwyer focuses his practice on white collar criminal matters, criminal and civil tax litigation, and other complex civil litigation. Jed has tried more than 40 jury and non-jury trials and has been involved in over 100 investigations and prosecutions, many of which

Jed Dwyer focuses his practice on white collar criminal matters, criminal and civil tax litigation, and other complex civil litigation. Jed has tried more than 40 jury and non-jury trials and has been involved in over 100 investigations and prosecutions, many of which included complex fraud and regulatory matters. Jed leverages his experience to represent individuals and organizations in investigations and other proceedings concerning tax fraud, money laundering, public corruption, complex international financial crime, financial institution fraud, and violations of the Bank Secrecy Act, among others.

Prior to joining the firm, Jed served for ten years as a federal prosecutor, first as a trial attorney with the U.S. Department of Justice, Criminal Enforcement Section, Tax Division, which Jed joined through the Attorney General’s Honors Program, and then as an Assistant United States Attorney at the U.S. Attorney’s Office for the Southern District of Florida. As a trial attorney at the Tax Division, Jed handled all aspects of complex tax fraud investigations and prosecutions in districts throughout the country. As an Assistant United States Attorney, Jed concentrated on the investigation and trial of white collar crimes, including mail and wire fraud, public corruption, money laundering and Bank Secrecy Act violations. Jed routinely worked closely with FinCEN, the OCC, and the IRS in criminal and regulatory matters involving financial institutions.

Photo of Barbara T. Kaplan Barbara T. Kaplan

Barbara T. Kaplan has been named one of the top 50 women lawyers in New York City by Super Lawyers magazine, and focuses her tax litigation practice on domestic and foreign corporations, partnerships, and individuals in federal, state, and local tax examinations, controversies…

Barbara T. Kaplan has been named one of the top 50 women lawyers in New York City by Super Lawyers magazine, and focuses her tax litigation practice on domestic and foreign corporations, partnerships, and individuals in federal, state, and local tax examinations, controversies and litigation, including administrative and grand jury criminal tax investigations.

Photo of Courtney A. Hopley Courtney A. Hopley

Courtney A. Hopley represents clients in federal and state tax controversies before the IRS and the California Franchise Tax Board at the audit, collection, appeals and litigation stages. She works on tax controversy matters involving partnerships, corporations, individuals, real estate and penalty disputes.

Courtney A. Hopley represents clients in federal and state tax controversies before the IRS and the California Franchise Tax Board at the audit, collection, appeals and litigation stages. She works on tax controversy matters involving partnerships, corporations, individuals, real estate and penalty disputes. Courtney also has experience in tax planning involving entity formation, mergers and acquisitions, and reorganization transactions.