Jim is a seasoned advocate who brings more than three decades of experience representing public and private companies, boards of directors and senior executives in sensitive governmental investigations involving tax and financial matters. His practice focuses on solving clients’ most difficult legal and tax regulatory challenges, whether in the context of civil, criminal or parallel proceedings. He routinely represents clients before the US Department of Justice (DOJ), US Attorney’s Offices, the Internal Revenue Service (IRS), the US Competent Authority, State Attorneys General, and other law enforcement and regulatory agencies. Jim defends clients facing multi-jurisdictional investigations and litigation conducted cooperatively by US, Canadian, European and Asian governmental agencies. In that role, he advises multinational companies on treaty interpretation, intergovernmental agreements (IGAs), tax information exchange agreements (TIEAs), competent authority proceedings, summons and subpoena enforcement, and other US and intra-governmental investigatory procedures. Jim litigates in every US federal court having jurisdiction over civil and criminal tax enforcement matters.
Civil tax representations
Jim represents clients in all phases of federal civil tax controversies. His extensive knowledge of US tax law and civil tax procedures provides his clients with invaluable representation for some of the most sensitive and bet-the-company federal tax cases under investigation today. Whether an issue is before IRS Examination, IRS Appeals, Post-Appeals Mediation, US Competent Authority, State Attorneys General False Claims Divisions or in federal courts, Jim is a trusted adviser who seeks the earliest possible resolution for any civil tax dispute.
Criminal tax representations
Jim is one of the few lawyers in the country who has served as lead counsel on international criminal tax cases and advised clients globally on international criminal tax enforcement. In that role, he has defended publicly traded companies, boards of directors and senior management facing criminal investigations and prosecutions for alleged tax violations both within the US and abroad. Jim has appeared before regulatory bodies and competent tax authorities in numerous countries; served as an Independent Examiner in Zurich, Switzerland, for the DOJ’s Swiss Bank Program; advised foreign financial institutions and foreign governmental agencies on the implementation of the Foreign Account Tax Compliance Act (FATCA); and played a significant role in the interpretation of intergovernmental agreements and treaty protocols in the Caribbean in connection with tax investigations. In the US, Jim routinely defends investigations conducted by IRS Criminal Investigation, the DOJ-Tax Division, and grand jury proceedings and prosecutions by US Attorney’s Offices across the country.
Prior to joining Eversheds Sutherland, Jim led the civil tax controversy and criminal tax practices in the Washington DC office of a global law firm. Before entering the legal field, Jim was a certified public accountant with a Big Four accounting firm.
Awards and Rankings
Recognized by The Legal 500 United States in the area of contentious tax (2017-2018)
Recognized as a leading lawyer in International Tax Review Tax Controversy Leaders (2016-2018)
Recognized by The Legal 500 United States as a leading national tax controversy attorney (2016-2018)
Selected for inclusion in Washington DC Super Lawyers (2014-2017)
Represents clients before the New York State Attorney General’s Taxpayer Protection Bureau.
Counsels clients facing civil and criminal tax enforcement involving offshore holdings and structured products.
Represents clients before IRS Appeals in conjunction with the US Competent Authority procedures.
Defended an international company facing criminal tax charges for insurance-related tax products.
Served as lead counsel in the criminal tax prosecution of a financial institution and its subsidiaries located in the Cayman Islands.
Acted as an Independent Examiner in the Department of Justice’s Swiss Bank Program.
Counseled clients with regard to various IRS offshore voluntary disclosure programs.
In the News
Options Few for Willful Offshore Tax Cheats as OVDP Ends (September 27, 2018)
Eversheds Sutherland Partner James Mastracchio is quoted in this Law360 article discussing which Internal Revenue Service offshore leniency programs will remain open after the shutdown of the ...
Tax Controversies Common in Latin America (June 28, 2018)
Eversheds Sutherland Partner James Mastracchio is quoted in this Bloomberg BNA article discussing Latin America’s high interest rates and penalties on tax controversy cases. Jim said, “Jurisdictions ...
FBARs: A Changing Landscape (April 4, 2018)
Eversheds Sutherland’s videocast regarding civil and criminal enforcement of Foreign Bank and Financial Accounts (FBAR) is featured in Law360. In this video, Eversheds Sutherland Partners James ...
Supreme Court: IRS Went Too Far with Taxpayer Obstruction Charge (March 22, 2018)
Bloomberg Tax: Daily Tax Report
Eversheds Sutherland Partner Jim Mastracchio is quoted in this Bloomberg Tax article commenting on the Supreme Court’s recent Marinello v. United States decision, in which the court ruled that the ...
IRS Winds Down Voluntary Disclosure, Ramps Up Investigations (March 19, 2018)
Eversheds Sutherland Partner James Mastracchio is quoted in this Compliance Week article discussing what the elimination of the Offshore Voluntary Disclosure Program means moving forward. “After the ...
Life After OVDP (March 19, 2018)
Eversheds Sutherland Partner James Mastracchio is quoted in this Wealth Management article regarding the elimination of the Offshore Voluntary Disclosure Program (OVDP). “Several other procedures ...
Offshore Voluntary Disclosure Program Shutdown Fuels Speculation (March 15, 2018)
Bloomberg BNA - Daily Tax Report
Eversheds Sutherland Partner Jim Mastracchio is quoted in this Bloomberg BNA article discussing the possible short-term impacts from the ending of the Offshore Voluntary Disclosure Program (OVDP). ...
The Laterals Audit: Tax Attorney Moves in February (February 28, 2018)
Partner James Mastracchio is mentioned in this Law360 article for joining Eversheds Sutherland’s Tax Practice Group in the Washington DC office. “Jim is a terrific addition to our Tax practice,” said ...
On the Move - James Mastracchio (February 23, 2018)
James Mastracchio is mentioned in this Tax Notes article for joining Eversheds Sutherland’s Tax Practice Group as a partner in the Washington, DC office. Jim regularly represents clients in all ...
With OVDP Ending, Are There Alternative Paths to Tax Compliance? (March 16, 2018)
In a widely anticipated move, the IRS (IR-2018-52) announced the termination of the Offshore Voluntary Disclosure Program (OVDP). With OVDP’s scheduled closure on September 28, 2018, the IRS will no ...
Leading Tax Controversy Partner James N. Mastracchio Joins Eversheds Sutherland’s Washington DC Office (February 22, 2018)
WASHINGTON-Eversheds Sutherland (US) LLP is pleased to announce that James N. Mastracchio has joined the Tax Practice Group as a partner in the Washington DC office, bolstering its tax controversy ...
Videocast: FBARs - a changing landscape (March 29, 2018)
Civil and criminal enforcement of Foreign Bank and Financial Accounts (FBAR) violations are on the rise. This Bottom Line videocast discusses the changes to the rules impacting FBAR filing ...
Certified Public Accountant (CPA)
Member, International Bar Association
Member, Civil and Criminal Tax Penalties Section, American Bar Association
Member, Practice and Procedure Committee, Tax Compliance Section, New York State Bar Association
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