Sanford J. Boxerman
Shareholder
Biography
Sandy defends individuals and corporations in white collar investigations and prosecutions, represents taxpayers in civil and criminal tax matters, and advises participants (and would-be participants) in the digital assets space. From 1991 to 1994, Sandy served as an assistant public defender in the City of St. Louis, where he first-chaired numerous jury and bench trials, including two jury trials in one week.
In addition to his active law practice, Sandy teaches the tax fraud prosecutions course in the graduate tax program at the Washington University School of Law. For many years he taught the Legal Environment of Business course at the Washington University Olin Business School.
Sandy is actively involved in both the legal and broader communities. He is co-chair of the White Collar committee of the Federal Bar Association’s Criminal section. Sandy also actively participates in the Tax and Criminal Justice sections of the American Bar Association. In addition Sandy currently serves as the immediate past chair of the Professional Society of the Jewish Federation of St. Louis. He is also a member of the Hadley Township Democratic Club in St. Louis County. In the past Sandy has served on the board of directors of Lift for Life Academy, a coach of the Lafayette High School mock trial team, and as a consultant for trial and appellate court litigation for the Labadie Environmental Organization. He attends Kol Rinah, having formerly served on the congregation’s board of directors and as chair of its personnel committee.
Awards
- Fellow, American College of Tax Counsel
- Recipient, Top Legal Innovation Award (Emerging Practice Areas) (blockchain and cryptocurrency), Missouri Lawyers Media (2018)
- “The POWER List,” White-Collar Defense, Missouri Lawyers Weekly (2020-2022)
- Lawyer of the Year: Litigation and Controversy-Tax, St. Louis, The Best Lawyers in America® (2022)
- The Best Lawyers in America®, Criminal Defense: White-Collar; Litigation and Controversy – Tax, St. Louis (2016-present)
- Super Lawyers®, Missouri and Kansas Super Lawyers (2011-present)
- Martindale-Hubbell®Law Directory, AV® Preeminent™ Peer Review Rated Approved arbitrator, FINRA
Education
- J.D., Harvard Law School, magna cum laude (1988)
- B.S., Business Administration, Washington University, with highest honors (1985)
Admissions
- Licensed in Missouri and Illinois
- Admitted to practice in:
- Supreme Court of the United States
- United States Courts of Appeals
- Sixth Circuit
- Seventh Circuit
- Eighth Circuit
- United States District Courts
- Eastern and Western Districts of Missouri
- Southern and Central Districts of Illinois
- District of Colorado
- Pro hac vice in other courts, including District Court of the U.S. Virgin Islands
- United States Tax Court
Associations
- Federal Bar Association, Criminal Section – Co-chair White Collar committee
- American Bar Association, Section of Taxation
- American Bar Association, Criminal Justice Section, White Collar Committee (past chair St. Louis Regional Subcommittee)
- American College of Tax Counsel – Amicus Committee
- National Association of Criminal Defense Lawyers
- Missouri Bar
- Bar Association of Metropolitan St. Louis
Presentations
- Syndicated Conservation Easements: Looking Back at 2023, Looking Ahead to 2024, 40th Annual National Institute on Criminal Tax Fraud | 13th Annual National Institute on Tax Controversy. Las Vegas, NV (2023)
- Navigating IRS Civil & Criminal Enforcement Trends for Cryptocurrency, Summer Tax Summit in St. Louis hosted by the St. Louis Chapter of the Federal Bar Association (2023)
- Effectively Navigating The Lb&I Examination Process: Tips And Strategies For Responding To Information Document Requests. 15th Annual NYU Tax Controversy Forum. New York City, NY (2023)
- Lifecycle of an OPR Investigation. May Meeting. American Bar Association | Tax Section. Washington, D.C. (2023)
- Musings of a Progressive White Collar Criminal Defense Lawyer on the Possible Prosecution(s) of Donald Trump. American Constitution Society. Washington University School of Law. St. Louis, MO (2023)
- Crypto Compliance and Enforcement. UCLA 30th Annual Tax Law Controversy Conference. Beverley Hills, CA (2022)
- Key Enforcement Actions. ABA Blockchain & Cryptocurrency Conference. Virtual (2022)
- The Responsible Financial Innovation Act: A Discussion on Proposed Legislation to Bring Clarity to the Tax and Regulation of Digital Assets. Cryptocurrency Conference. Florida Atlantic University. Boca Raton, FL (2022)
- The Best Practices on Sentencing in Criminal Tax Cases. 39th Annual National Institute on Criminal Tax Fraud | 12th Annual National Institute on Tax Controversy. Las Vegas, NV. (2022)
- Defending You! Preparer Penalties and Referrals to the OPR. New England IRS Representation Conference. New Haven, CT (2022)
- Bitcoin and Decentralized Finance (“DeFi”): An Overview of the History of Cryptocurrencies, Regulatory Challenges, and Opportunities. Solo and Small Firm Conference. Missouri Bar. Branson, MO (2022)
- The IRS Exam Process and Pitfalls for Taxpayers. Forensic Accounting Summit: Forensic Accounting and Reconstruction. Virtual (2022)
- Introduction to Criminal Tax, Part I: Case Study—New York State v. The Trump Organization & Allen Weisselberg, Agostino & Associates (2022)
- How to Try Technical Tax Issues in Criminal Cases. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2021)
- Criminal Tax Sentencing – Best Practices. Tax Law Conference. Federal Bar Association. Washington, D.C. (2020)
- The Long Road: Laying the Foundation for Trial During the Audit. Midyear Tax Meeting. American Bar Association | Tax Section. Boca Raton, FL (2020)
- Plenary: Ethical Issues When Representing the Accountant in an IRS Investigation. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2019)
- Ethical Issues When Representing the Accountant in an IRS Investigation. New England IRS Representation Virtual Conference (2019)
- Summons Enforcement. New England IRS Representation Conference. Uncasville, CT (2019)
- Legal Considerations for Blockchain Implementation and Use. Midwest Accounting & Finance Blockchain Conference. Missouri Society of CPAs. St. Louis, MO (2019)
- Employment Tax: Legal Obligations and the Risks of Non-Compliance. 15-Hour MCLE Update. Bar Association of Metropolitan St. Louis. St. Louis, MO (2019)
- Sentencing from All Angles. White Collar Crime Seminar. Bar Association of Metropolitan St. Louis. St. Louis, MO (2019)
- #BitLaw: Cryptocurrency & the Law. Midwest Black Law Students Association Regional Conference. Midwest Black Law Students Association. St. Louis, MO (2018)
- How to Protect Your Client’s Civil Tax Interests When Agreeing to a Criminal Plea / Collateral Consequences. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2018)
- Cryptocurrency: What Every Practitioner Needs to Know. New England IRS Representation Conference. Uncasville CT. (2018)
- Legal Implications of Blockchain Systems Adoption. Midwest Accounting & Finance Blockchain Conference. Missouri Society of CPAs. St. Louis, MO (2018)
- Your Client Just Dumped a Pile of Unopened IRS Notices on Your Desk – Now What? 15-Hour MCLE Update. Bar Association of Metropolitan St. Louis. St. Louis, MO (2018)
- Significant Legal Developments in the Regions – Central and Midwest Regions. National Institute on White Collar Crime. American Bar Association | Criminal Justice Section. San Diego, CA (2018)
- A Discussion on Real Life Fraud Cases. Association of Certified Fraud Examiners | Greater St. Louis Area Chapter. St. Louis, MO (2018)
- Blockchain. Tech Talk Series. OPO Startups. St. Charles, MO (2018)
- The What’s and Why’s of Cryptocurrency Unfurled. Jewish Federation of St. Louis | Professional Society. St. Louis, MO (2018)
- Tax Appeals – 7 Tips. Appellate Practice Across Multiple Disciplines. Eighth Circuit Bar Association and Federal Bar Association | St. Louis Chapter. St. Louis, MO (2017)
- Internal Investigations: How to Navigate Ethical Issues to Learn What You Need to Know. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2017)
- Boxerman on Bitcoin. Saint Louis University School of Law. St. Louis, MO (2017)
- Hot Topics in Civil and Criminal Federal Tax Enforcement. 15-Hour MCLE Update. Bar Association of Metropolitan St. Louis. St. Louis, MO (2017)
- Blockchain Banking Regulation and Best Practices to Ensure Compliance. Distributed: Trade Conference. St. Louis, MO (2016)
- IRS CI Roundtable. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2016)
- Federal Practice Tips. Bench and Bar Conference. Bar Association of Metropolitan St. Louis. Lake of the Ozarks, MO (2016)
- Orange is Not the New Black: Defending the Alleged Tax Fraudster. Bar Association of Metropolitan St. Louis. St. Louis, MO (2016)
- New Developments in White Collar Crime and Investigations. Federal Bar Association | St. Louis Chapter. St. Louis, MO (2016)
- When the Feds Come A-Knockin. American Bar Association | White Collar Regional Subcommittee. St. Louis, MO (2015)
- When the Past isn’t the Past: How to Correct Past Wrongdoing. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2015)
- Resolution Strategies at IRS Exam and Appeals. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2014)
- Cooked Books: A Recipe for Representing a Client with a Potential Criminal Tax Problem. Solo and Small Firm Conference. Missouri Bar. Branson, MO (2014)
- “My Client Just Dumped a Large Pile of Unopened Mail on my Desk…From the IRS”: Practical Tips for the Non-Tax Lawyer When Representing a Client with a Federal Tax Problem. Bench and Bar Conference. Bar Association of Metropolitan St. Louis. Lake of the Ozarks, MO (2014)
- Significant Legal Developments in the Regions: Central and Midwest. National Institute on White Collar Crime. American Bar Association | Criminal Justice Section. Miami Beach, FL (2014)
- Internal Investigations. American Bar Association| Criminal Justice Section & White Collar Crime Committee, St. Louis Regional Subcommittee. St. Louis, MO (2014)
- Criminal and Civil Cases. Lawyers in the Classroom Program. Bar Association of Metropolitan St. Louis. St. Louis, MO (2014)
- Navigating the Ethical Minefield and Keeping Your C.P.A. License! Practical Advice for Avoiding Ethical Concerns in Your Tax Practice and Properly Handling Them When They Arise. Missouri Society of CPAs | St. Louis Chapter. St. Louis, MO (2013)
- Ethical Issues in Appellate Representation. National Business Institute. St. Louis, MO (2013)
- Defending Taxpayer Penalties. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2013)
- Defending Penalties: Taxpayer and Preparer. National Institute on Criminal Tax Fraud and the National Institute on Tax Controversy. American Bar Association | Tax Section & Criminal Justice Section. Las Vegas, NV (2012)
- When Clients with Problems Cause Problems for You: Ethical Issues in Tax Practice. Missouri Society of CPAs | St. Louis Chapter. St. Louis, MO. (2009)
- Preparer Penalties, Circular 230 and Other Hot Topics. Missouri Society of CPAs | St. Louis Chapter. St. Louis, MO. (2008)
Publications
- “Tax Controversy Corner – Coming Clean: The Past, Present and Future of the IRS’s Voluntary Disclosure Practice.” Journal of Passthrough Entities. 22(2) (2019)
- “Bitcoin: It’s Not Just for Criminals Anymore, But Sometimes It Is.” St. Louis Bar Journal (2018)
- “Tax Controversy Corner – ’We Disagree with Your Opinion and We Won’t Follow It’: The IRS’s Acquiescence Program.”Journal of Passthrough Entities. 21(4) (2018)
- “Tax Controversy Corner – More Bad News for Two Fallen Sprint Executives.” Journal of Passthrough Entities. Vol. 20(6) (2017)
- “Tax Controversy Corner – Tenth Circuit Says Managing Partner Can Assert Penalty Defense in Partner-Level Proceeding.” Journal of Passthrough Entities 20(2). (2017)
- “Its Bark is Worse than its Bit(e): Regulatory and Criminal Law Implications of Virtual Currency.” Criminal Justice. Vol. 31(4) (2017)
- “Tax Controversy Corner – New Lawsuit Calls for a Fresh Look at an Old Tax Shelter.” Journal of Passthrough Entities. 19(4) (2016)
- “How Long Am I Going to Jail for that Fraud?” — The 2015 Amendments to the Federal Sentencing Guidelines for Economic Crimes.” St. Louis Bar Journal (2016)
- “Whose Fraud Is It Anyway? — Indefinite Extension of the Statute of Limitations on Assessment When the Return Is Fraudulent.” Journal of Passthrough Entities (2015)
- “Beware an Inadvertent Waiver of the Attorney-Client Privilege!” Journal of Passthrough Entities (2015)
- “From Switzerland to Israel: A Milestone Development in Offshore Tax Evasion.” St. Louis Lawyer Magazine (2015)
- “You Can Ask the IRS to Abate Interest on a Tax Liability, and if You’re Not Too Rich, You Can Obtain Judicial Review Too.”Journal of Passthrough Entities (2014)
- “U.S. Citizens with Assets in Foreign Bank Accounts Seeking Help from Attorneys to Avoid Huge Financial Sanctions.” St. Louis Lawyer Magazine (2014)
- “The Swiss and Foreign Account Controversy and International Tax Fraud in the 21st Century” St. Louis Bar Journal. (2013)
Podcasts
Cash Skimming. Fraud Fighter Podcast (2022)
Representative Matters
Past results do not guarantee future results.
White Collar Matters
- Represented officer of importing company during federal investigation into possible violations of federal laws dealing with transportation of hazardous materials; investigation concluded with no action taken against the client.
- Obtained sentence of probation for client convicted of embezzling money from her employer.
- Represented distributor of medical products and its owner in Anti-Kickback and False Claims Act proceedings; criminal charges were dismissed and civil case went to trial where jury returned a verdict finding no financial liability on the part of the individual client; case settled following appeal to Eighth Circuit Court of Appeals and remand.
- Represented midwest-based medical products manufacturer in West Coast-based federal investigation stemming from the filing of a qui tam suit; federal government declined to intervene and relator dismissed the case.
- On the eve of an IRS corporate audit, advised corporate officer who had knowledge of company’s financial wrongdoing but also had engaged in wrongdoing himself as to how to navigate the process; client ultimately disclosed what he knew and cooperated with the government in a manner that minimized his own exposure to punishment; court sentenced client to probation.
- Represented owner of defense contractor who pled guilty of defrauding the government; defendant received minimal jail sentence after persuading Probation Office not to include in sentencing guidelines calculations enhancement sought by Assistant United States Attorney.
- Where client charged with money laundering carrying potentially long prison sentence, he prepared vigorously for trial – including traveling to foreign country to develop evidence contrary to prosecution’s case – and persuaded government to enter into plea agreement whereby client pled guilty to currency offense and served less than a year in prison.
- No charges brought against client following raid of client’s premises by Immigration and Customs Enforcement agents.
- No fraud charges brought against clients in highly-publicized criminal investigation and prosecution; after negotiating plea to tax charges persuaded judge to allow clients to serve staggered sentences so as to allow their business to continue to operate.
- Represented physicians accused of improperly dispensing opioids and persuaded Missouri Board of Registration for the Healing Arts to close investigations.
- Represented physician in federal investigation for writing improper opioid prescriptions; no criminal charges brought and client entered into civil settlement with the government.
- Represented physician’s assistant in federal criminal investigation relating to possible health care fraud; no charges brought.
- Represented medical professional charged with multiple violations of federal health care laws; after preparing to take the case to trial entered into agreement with government resolving case with plea to one offense and a sentence of probation.
- Successfully guided former manager of election campaign for a high-ranking state official through sensitive and highly-publicized administrative and legislative investigations.
Criminal Tax Matters
- Represented an accountant charged with multiple counts of aiding and assisting in the preparation of fraudulent tax returns in violation of 26 U.S.C. § 7206(2). Successfully negotiated a favorable plea agreement resulting in a sentence of home-confinement.
- Represented a business owner with a professional license in a case involving a fraudulent tax return that generated a large tax refund. Successfully negotiated a favorable plea agreement resulting in a sentence of probation and persuaded state licensing board to allow client to maintain licensure.
- Represented a business owner who underreported income by over $1 million. Client came into compliance with the tax laws and avoided an IRS criminal investigation and prosecution.
- Took over representation from prominent east coast attorney at a time when Government was offering a deal requiring a plea to tax evasion and jail sentence; after extensive trial preparation and advocacy, Government agreed to a plea to a lesser charge with no incarceration.
- Represented international business owner in criminal prosecution resulting from undeclared foreign assets and income; government agreed to a reduced FBAR penalty and a sentence of probation.
- Represented income tax return preparer in rural Missouri in criminal tax investigation relating to preparation of returns allegedly claiming improper credits; client not charged and case closed.
- Brought in by client as criminal tax counsel to assist his prominent Chicago attorney in resolving a federal criminal tax case in Illinois; successfully convinced Assistant United States Attorney not to pursue charges relating to a $2 million transaction.
- No charges brought against prominent business owner and media personality following examination by IRS-Criminal Investigation special agents into potential tax crimes.
Digital Currency & Blockchain Matters
- Represented owner of bitcoin mining machine retailer and lessor in an investigation from a secretary of state investigative agency to successfully educate the agency so it could conclude that the owner’s business model did not trigger securities reporting obligations.
- Guided cryptocurrency-owning taxpayers through preparation of tax returns claiming favorable tax treatment for exchange transactions with appropriate disclosures; returns not challenged by IRS.
- Represented cryptocurrency company, a Money Services Business, during multiple Bank Secrecy Act examinations, with successful resolutions.
- Represented founded of Decentralized Finance protocol in class-action alleging violation of state law; case settled after dismissal from federal court.
- Advised trade association on tax matters related to digital assets.
Civil Tax Matters
- Represented franchisee of one of the largest tax preparation companies in the United States in a civil injunction action brought by the Tax Division of the U.S. Department of Justice. Successfully negotiated an agreement whereby the franchisee was able to continue operating its tax preparation business, and also resolved related IRS Office of Professional Responsibility proceedings.
- Convinced the IRS to reverse a proposed $400,000 adjustment to income resulting from an inaccurately issued Form 1099.
- In the case of an individual taxpayer who had claimed excessive and unsubstantiated deductions on the return, resolved audit with minimal adjustments and no civil fraud penalty or referral to IRS-Criminal Investigation.
- Have represented multiple taxpayers in resolving their undeclared income and unreported foreign financial accounts by participation in IRS procedures such as the Offshore Voluntary Disclosure Program and the Streamlined Domestic and Foreign Offshore Procedures.
- Obtained relief for client whose husband had filed joint tax returns without her knowledge.
- Took over pending Tax Court case involving assessment of substantial capital gains tax from taxpayer’s sale of home; assembled and presented to IRS counsel documentation establishing no tax due, after which IRS conceded the case.