ERC Claims Are Turning Criminal — Here’s What You Need to Know

Added: 2026-05-16

[00:00:00]If you're a tax return preparer who claimed employee retention credits, or you're a business owner that claimed these ERC credits and well, maybe you didn't qualify for them. And now the IRS is asking questions, this is not the moment to hesitate.

[00:00:15]This is the moment to move. [music] I just stepped out of a meeting with my client who's preparing for a reverse proffer [music] with the US Attorney's Office. And in this case, my client was a tax return preparer who prepared multiple ERC credit claims adding up to millions and millions of dollars.

[00:00:31]And with a reverse proffer, that means we're we're no longer talking about paperwork and you know, the IRS asking a few questions about your practices.

[00:00:39]>> [music] >> We're talking about strategy in the face of imminent criminal charges.

[00:00:43]And here's what you need to understand if [music] you're in this situation.

[00:00:46]Cases like this don't fall apart overnight.

[00:00:49]>> [music] >> They build quietly. They build behind the scenes. And by the time most people realize what's happening, the government is [music] already 10, 15, 20 steps ahead.

[00:01:00]But timing changes everything because when you engage counsel early, when you step in before the indictment, you still have some leverage. You can open the dialogue. You can generally shape the narrative. You can better position the case for resolution instead of reaction after an embarrassing indictment and the US Marshals showing up. And you know, I I've just seen it first hand. The difference between someone who waits and someone who acts is often the difference between damage control and disaster.

[00:01:30][music] So, if you're in this situation, lock in on this.

[00:01:35]You may already be under investigation if you prepared a significant number of these ERC claims.

[00:01:41]And what you do next will define the outcome.

[00:01:44]And the window to [music] fix it, it doesn't stay open long.

[00:01:48]ERC enforcement is not slowing down. In fact, it's it's escalating quite aggressively. [music] And the government is treating the most aggressive claims as criminal cases.

[00:01:58]>> [music] >> So, don't minimize it, don't ignore it, and don't, no matter what you do, don't try to navigate it alone without an attorney. Because in moments like this, strategy and legal counsel isn't just helpful, [music] it's everything.