Analysis

Will Marinello Be The McDonnell Of Tax Crimes?

Law360, New York (November 15, 2017, 8:10 PM EST) -- Carlo Marinello will argue to the U.S. Supreme Court next month that a vague tax law gives prosecutors power to criminalize anything that makes the IRS' job harder, in a case that could see the high court continue limiting broad criminal laws as it did last year in U.S. v. McDonnell.

Marinello was convicted in 2014 for failing to file tax returns for his New York freight business. He was also found guilty of "corruptly" obstructing the "due administration" of the tax code — a crime under the so-called omnibus clause.

But where some see a tool allowing prosecutors to more...

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