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].