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Jay R. Nanavati

Jay R. Nanavati

Partner

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Washington, D.C.
T: 202.875.8000
F: 212.808.8108
jnanavati@kostelanetz.com

Jay Nanavati is a criminal tax defense attorney and a fellow of both the American College of Trial Lawyers and the American College of Tax Counsel. According to Chambers USA, which has ranked him nationally for the last seven years, Jay “is held in high regard for his strength in handling criminal tax matters . . . . He is an excellent trial attorney, he’s very sophisticated. His judgment is excellent.”

Jay represents individuals and entities facing investigations and prosecutions by the IRS, the FBI, state investigative agencies, U.S. Attorney’s offices, and the Department of Justice Tax Division. His clients rely on his ability to analyze cases from the government’s perspective and trust his sound judgment to guide them through their most difficult challenges.

Jay has defended clients against federal investigations and charges throughout the country. He regularly handles matters involving allegations of offshore tax evasion, employment tax violations, cryptocurrency reporting violations, use of shell companies, currency reporting violations, and underreporting of business income. He also has substantial experience representing clients accused of promoting or participating in so-called tax shelters, including captive insurance programs, conservation easements, and Puerto Rico’s Act 20/Act 22 program. In many instances, Jay represents tax professionals facing such accusations.

Jay spent more than a decade as both a federal and a state prosecutor. At the Department of Justice’s Tax Division, he supervised more than 30 federal tax prosecutors and oversaw criminal tax enforcement for a region covering 22 states. He investigated and prosecuted, among many other tax offenses, an e-commerce tax fraud scheme, a thoroughbred race horse tax fraud scheme, an abusive trust scheme, and numerous individuals and businesses engaged in tax evasion. In addition to the cases that he prosecuted, he was also responsible for reviewing and authorizing criminal tax grand jury investigations and prosecutions in the various U.S. Attorney’s Offices in his 22-state region. He is a veteran trial lawyer, having conducted dozens of jury trials and hundreds of bench trials.

Jay is a member of the ABA’s Section of Taxation, Civil and Criminal Tax Penalties Committee, as well as of the ABA’s Criminal Justice Section, White Collar Crime Committee, and a member of the Edward Bennett Williams Inn of Court.

From 2013 to 2016, Jay assisted the White House Office of Presidential Personnel in a pro bono capacity by vetting potential presidential appointees for possible tax-related problems.

J.D., University of Virginia School of Law, 1999, Order of the Coif, Virginia Law Review

B.A., Government and Foreign Affairs, University of Virginia, 1996, high honors, Phi Beta Kappa, Echols Scholar

District of Columbia

Virginia

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Central District of Illinois

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Virginia

U.S. Tax Court

  • Represented Paul J. Manafort in prosecution by the U.S. Office of the Special Counsel in United States v. Paul J. Manafort, on charges involving allegations of the use of offshore bank accounts to commit tax fraud.
  • Achieved a rare acquittal for a business owner in a federal tax fraud conspiracy jury trial after four weeks of government evidence and 117 government witnesses. The government was represented by a team of three attorneys from the U.S. Attorney’s Office and the Department of Justice Tax Division.
  • Obtained dismissal before trial of all 53 counts of federal mail fraud, money laundering, conspiracy, and criminal forfeiture, in a case that the FBI, IRS-CI, and the U.S. Attorney’s office had spent five years investigating and prosecuting.
  • Represented a multinational financial institution facing a federal grand jury investigation for allegedly assisting U.S. taxpayers in evading their U.S. tax obligations.
  • Persuaded IRS-CI to terminate an investigation of the owner of a tax return preparation business for allegedly preparing false tax returns.
  • Persuaded a U.S. Attorney’s office to terminate an investigation of a business owner who failed to report large amounts of income. During the subsequent IRS audit of the client, persuaded the IRS to drop civil fraud penalties.
  • Avoided criminal prosecution and substantial civil tax penalties for a U.S. expatriate residing in Europe. The IRS’s audit related to the client’s use of a Panama foundation, a Seychelles international business company, and a Cyprus bank account.
  • Persuaded a U.S. Attorney’s office to cease a grand jury investigation of a client whose name was one of the first that UBS turned over to the Department of Justice in 2009 pursuant to its landmark deferred prosecution agreement. During the subsequent IRS audit of the client, persuaded the IRS not to pursue substantial “FBAR” and fraud penalties.
  • Represented a businessman facing a federal grand jury investigation for the felonies of tax evasion and structuring cash transactions. Persuaded the U.S. Attorney’s office to abandon the felony charges and bring only a single charge of misdemeanor failure to file a tax return.
  • Represented the owner of a healthcare company who was indicted by state authorities for multiple felonies arising from an alleged failure to pay employment taxes. Negotiated the reduction of felony charges to misdemeanor charges.
  • Persuaded a U.S. Attorney’s office not to indict a client, a CPA who was suspected of structuring currency transactions to evade the requirement to file with the IRS Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business.
  • Department of Justice Tax Division
    • Assistant Chief for the Western Criminal Enforcement Section
    • Counsel to the Deputy Assistant Attorney General for Criminal Matters
    • Trial Attorney
  • Assistant Commonwealth’s Attorney for Fairfax County, Virginia
  • Law Clerk for Chief Judge Hector M. Laffitte of the U.S. District Court for the District of Puerto Rico
  • American Bar Association Section of Taxation
    • Civil and Criminal Tax Penalties Committee
  • American Bar Association Criminal Justice Section
    • White Collar Crime Committee
  • American College of Trial Lawyers
    • Fellow
    • District of Columbia State Committee
  • American College of Tax Counsel
    • Fellow
  • National Association of Criminal Defense Lawyers
  • Federal Bar Association: Taxation Section, Criminal Law Section
  • Community Tax Law Project
    • Board Member
  • Edward Bennett Williams Inn of Court
    • Barrister
  • Global Tax Enforcement In 2016: What You Need to Know, Law360 (January 6, 2016)
  • The IRS Turns Up the Heat on Hedge Fund-Backed Reinsurance, JD Supra (June 10, 2015)
  • DOJ And IRS Use “Carrot ‘n Stick” To Enforce Global Tax Laws, American Bar Association (Summer 2014)
  • The 2013 U.S. Department of Justice Program for Swiss Banks – No Easy Choices, Journal of Taxation and Regulation of Financial Institutions (January/February 2014)
  • FCPA and FATCA: The Odd Couple of Anti-Corruption, Tax Notes (2013)
  • Compete or Enforce, Business Crimes Bulletin (2013)
  • Why Holders of Foreign Bank Accounts Need to Worry About IRS’s Voluntary Disclosure Data-Mining Program, Bloomberg BNA Daily Tax Report (August 28, 2012)
There are no upcoming events.

Superman’s Krypto – The IRS’s Focus on Civil and Criminal Enforcement of Cryptocurrency

October 24 @ 4:45 pm - 5:50 pm EDT

Industry Development Series: Financial Crime Enforcement Across Borders

February 22 @ 8:30 am - 5:00 pm EST

Kostelanetz Hosts Watch Party For Alum’s Oral Argument At Harvard Ames Moot Court Final Round

November 30, 2023 @ 12:00 pm - 1:00 pm EST

Puerto Rico Tax Strategies: Acts 20/22/60 (CPE)

November 14, 2023 @ 3:15 pm - 4:00 pm EST

Not Just Asking: IRS Audits in Theory and Practice

November 7, 2023 @ 12:45 pm - 2:25 pm EST

The Corporate Transparency Act and Treasury’s Beneficial Ownership Disclosure Rules

October 24, 2023

Jay R. Nanavati Participates On A Panel Titled “‘The Art of the Deal’ – Negotiating Plea Deals in Criminal Tax Cases” At The Summer Tax Summit

August 29, 2023 @ 8:10 am - 9:00 am CDT

Jay Nanavati Moderates A Panel Titled “Puerto Rico’s Act 20/22 Tax Incentive Program: Residency And Sourcing Under The IRS’s Microscope” At The 2023 NYU Tax Controversy Forum

June 8, 2023 @ 2:10 pm - 3:00 pm EDT

Jay Nanavati Participates In A Conference Entitled “Cocktails & Compliance” For The 20/22 Act Society

March 31, 2023 @ 6:30 pm - 9:30 pm EDT

Jay Nanavati Participates In A Panel Entitled “The Monaco Memo and What That Means for Individual Liability in Corporate Crimes” At The Bahamas Financial Services Board “Tax Enforcement Without Borders” Industry Development Series

February 16, 2023 @ 8:30 am - 5:00 pm PST

Jay R. Nanavati Participates In A Panel On IRS Criminal Investigation Case Sources At The ABA 2023 Midyear Tax Meeting

February 11, 2023 @ 9:00 am - 9:50 am PST

Jay Nanavati Participates In A Panel For The DC Bar On The Corporate Transparency Act

October 19, 2022 @ 11:30 am - 12:45 pm EDT

Jay Nanavati Participates In A Panel Entitled “Search Warrants, Subpoenas and Summonses: Recent Taxpayer Challenges and Legal Developments” For The ABA’s Hybrid 2022 May Tax Meeting

May 14, 2022 @ 9:40 am EDT

Jay Nanavati Participates In A Panel Entitled “Targeting Tyrants, Toadies, Tax Evaders, Oligarchs, and the Ostensible Gatekeepers” For The ABA’s Hybrid 2022 May Tax Meeting

May 13, 2022 @ 9:15 am EDT

Jay Nanavati Participates In A Panel Entitled “The Corporate Transparency Act and Treasury’s New Beneficial Ownership Disclosure Rules: Potential Impacts on Financial Crimes Investigations and Tax Controversies” Hosted By Miller & Chevalier

April 26, 2022 @ 4:30 pm - 5:30 pm EDT

Jay Nanavati Participates In A Panel Entitled “The U.S. Anti-Money Laundering Act of 2020: Strengthening AML Enforcement Abroad While Closing Loopholes at Home” At The Bahamas Financial Services Board

June 8, 2021

Jay Nanavati Participates In A Panel Entitled “PPP Loan Fraud” At Quinnipiac University’s 4th Annual Criminal Tax Day

June 4, 2021 @ 11:00 am - 12:00 pm EDT

Caroline D. Ciraolo And Jay R. Nanavati Participate In A Panel Entitled “Current AML and OFAC Compliance Issues” At Bahamas Financial Services Board Industry Development Webinar Series

November 17, 2020 @ 2:30 pm - 3:30 pm EST

Caroline Ciraolo And Jay Nanavati Present “Financial Crimes Enforcement, Compliance & Risk Mitigation” At The Bahamas Financial Services Board In Nassau, Bahamas

February 19, 2020

Jay R. Nanavati Participates In A Panel Presentation Titled “A World Of Lies: The Truth Behind The Tax Protestor Arguments” At The 3rd Annual Criminal Tax Day

May 16, 2019
  • Panelist, Technology in Tax Enforcement, 43rd Annual Tax Law Conference, Washington, D.C., March 2019
  • Speaker, Global Tax Enforcement: Compliance and Risk Mitigation (Part II), Bahamas Financial Services Board, Nassau, Bahamas, November 2018
  • Panelist, Global Tax Enforcement: Compliance & Risk Mitigation, Bahamas Financial Services Board and Association of International Banks & Trust Companies, Nassau, Bahamas, November 2017
  • Moderator, Civil and Criminal International Tax Enforcement Update, Paramus, New Jersey, June 2017
  • Panelist, Nuts and Bolts of Criminal Tax, ABA Tax Section Mid-Year Meeting, Orlando, Florida, January 2017
  • Panelist, Top Tips for Criminal Tax Cases, ABA Criminal Tax Fraud and Tax Controversy Conference, Las Vegas, Nevada, December 2016
  • Panelist, The United States as a Potential Tax Haven: Foreign Assets and Potential Money Laundering Exposures for Lawyers and Other Gatekeepers, White Collar Practice Seminar, Pennsylvania Association of Criminal Defense Lawyers, Philadelphia, Pennsylvania, November 2016
  • Speaker, Civil and Criminal Enforcement of Employment Tax Laws, Virginia Society of Certified Public Accountants, Richmond, Virginia, September 2016
  • Speaker, The Role of Legal Privileges in Sensitive IRS Examinations, Virginia Society of Enrolled Agents, Richmond, Virginia, August 2016
  • Speaker, Global Tax Enforcement in 2015, Virginia Society of Certified Public Accountants, Richmond, Virginia, December 2015
  • Panelist, Disclosure In a Criminal Prosecution: Are You Getting What You Should Have?, ABA Tax Section’s National Institute on Criminal Tax Fraud & Tax Controversy, Las Vegas, Nevada, December 2015
  • Moderator, Foreign Bank Accounts and “Black Money” – Recent Legal Developments in the U.S. and India on Foreign Account Tax Compliance (FATCA), Corruption, and Offshore Accounts, U.S. India Business Council, Washington, D.C., June 2015
  • Panelist, The U.S. Government’s Global Crackdown on Tax Evasion: Where It Has Been and Where It Is Going, Orlando, Florida, June 2015
  • Chambers USA — Nationwide: Tax Fraud; District of Columbia: Tax
  • Best Lawyers — Criminal Defense: White-Collar, Tax Law, and Litigation and Controversy – Tax in Washington, D.C.
  • Super Lawyers — Criminal Defense: White-Collar in D.C.
  • Super Lawyers — Top 100 Attorneys in Washington D.C. (2024)
  • American College of Tax Counsel: Fellow
  • American College of Trial Lawyers
    • Fellow
    • District of Columbia State Committee
  • Best Lawyers: Criminal Defense: White Collar (2022)
  • Super Lawyers, Top Rated White Collar Crime Attorney in Washington, DC (2019 – 2024)
  • Super Lawyers, Top 100 in Washington, D.C. (2023 – 2024)
  • Chambers USA: Nationwide Tax Fraud (2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023)
  • Martindale-Hubbell: AV Preeminent
  • Department of Justice Tax Division
    • Outstanding Attorney Award (2009, 2010)
    • Special Commendation Award (2008)
    • Special Act or Service Award (2007)
  • Edward Bennett Williams Inn of Court: Barrister