Q: I caught my wife's divorce attorney in CA instigating her to attempt federal tax fraud,

A: It sounds like you are dealing with a very serious and complex situation involving potential tax fraud and unethical behavior by an attorney. If you believe your wife's attorney is encouraging her to commit federal tax fraud and there is evidence to support this claim, it could indeed involve federal crimes. Federal crimes are handled by federal authorities, and this matter may require the attention of the IRS or the Department of Justice.

You may need an attorney who is experienced in handling federal cases, particularly those involving tax fraud and legal ethics violations. Since the actions in question occurred in California, you might consider consulting with an attorney licensed in California who understands both federal tax law and legal malpractice or misconduct. A collaboration between your CPA, CFF, CFE, and an attorney with the right experience could be crucial to navigating this situation effectively.

It is important to gather and preserve all evidence you have, as it could be critical in any legal action or investigation. Consider reaching out to a legal professional who is not connected to the parties involved to discuss your next steps and explore how to protect yourself from further harm.

A: Indeed, should your wife's attorney be engaged in federal tax fraud, this might constitute a federal offense. Tax fraud is a major offense whether encouraged or facilitated, especially when involving bank records and subpoenas. Keeping in mind that every situation is unique, here are some actions you should think about; legal advice catered to your situation is rather important.

See a Federal counsel: Since tax fraud is a federal offense, you should see a counsel knowledgeable in both federal criminal law and tax law. While a California-based attorney might be useful for resolving divorce and any local legal difficulties, federal tax fraud usually calls for the knowledge of an attorney who understands federal statutes and can negotiate the judicial system at that level.

Consult Your CPA. CEF CFE: Your CPA in Certified Financial Forensics (CFF) and Certified Fraud Examination (CFE) already helps you to compile and show proof of any financial misbehavior or fraud. They should closely work with a federal attorney who knows how to forward this material to the relevant authorities, such the IRS or another federal agency.

Get and Save Your Evidence: You mentioned possessing crucial evidence, hence you need correctly save and arrange it. This covers any emails, letters, subpoenas, and bank data that can bolster your allegations. Clearly presenting this evidence will be crucial should legal action be sought.

Should you find proof of federal tax fraud or bribery, you could wish to forward the matter to federal authorities, such the Department of Justice (DOJ) or the IRS Criminal Investigation division. Your attorney can assist you to ascertain the suitable course of action for raising these issues and guarantee effective handling of your case.

Legal Action for Misconduct: Should the attorney of your wife exhibit unethical behavior—including encouragement of fraud or misuse of subpoenas—you might also want to consider complaining with the California State Bar. This might assist hold the attorney responsible for any unethical action in California even though it won't directly solve the federal tax problems.

Working with a legal team comprising both California and federal attorneys is probably the best course of action as this matter involves both state and federal concerns. The complexity of these problems means that protection of your financial and legal interests depends on skilled legal assistance.