Ben Tompkins works closely with individuals, companies and exempt organizations, providing guidance and counsel in all aspects of civil and criminal tax litigation, as well as providing counsel to those facing tax examinations, collections or other administrative investigations and proceedings. Ben focuses on tax controversies, white collar criminal defense, and other government investigations and has extensive experience successfully defending clients in all types of complex litigation in federal and state courts nationwide.
Ben draws on his comprehensive experience leading criminal and civil tax prosecutions and investigations for the U.S. Attorney's office and Department of Justice Tax Division for more than a decade to provide clients with valuable insights and practical strategies to effectively navigate and resolve their civil and criminal legal issues.
As a former Assistant U.S. Attorney in Los Angeles and Department of Justice Tax Division Trial Attorney, Ben offers clients a unique depth and breadth of experience in civil and criminal tax matters involving a range of issues that includes: (i) unreported income, (ii) cryptocurrency (iii) nonfiler enforcement, (iv) undisclosed foreign bank accounts, (v) tax return preparers and “tax shelter” promoters, including penalty, fraud and injunction matters (vi) employment taxes and related trust fund recovery penalties, as well as worker classifications and issues related to ERC credits and PPP loans, (vii) excise taxes, including those related to the aviation industry, (viii) all aspects of IRS civil and criminal administrative proceedings (i.e., investigations and examinations, summons enforcement proceedings and other collection efforts), (ix) IRS bankruptcy claims and related bankruptcy fraud issues, (x) valuation disputes, including family limited partnerships, (xi) litigation and administrative proceedings involving the IRS’s yearly dirty dozen list, including conservation easements and captive insurance, other property interests, (xii) wrongful disclosures, and (xiii) whistleblowers.
After spending almost eleven years with the Department of Justice on both coasts, Ben worked at two Kansas City boutiques where he represented individuals and businesses in civil and criminal tax litigation, as well as other federal and state government enforcement matters involving the Department of Justice, Federal Bureau of Investigation, Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), Environmental Protection Agency (EPA), Department of Labor (DOL), and various other state attorney generals, state departments of revenue and other federal and state agencies.
During his more than 23 years of practice, Ben has served as first chair in numerous bench and jury trials, conducted and represented clients in extensive civil and criminal investigations (including Grand Jury and administrative proceedings), negotiated significant settlements and plea agreements, and handled all aspects of discovery, motions practice, trial practice, and criminal sentencing proceedings. In this regard, Ben has successfully litigated cases and represented clients in United States District, Bankruptcy, and state Courts in California, Kansas, Missouri, throughout the South (Alabama, Florida, Georgia, Mississippi, South Carolina), as well as Delaware, Kentucky, Louisiana, Nevada, New York, North Carolina and Virginia. While at the Tax Division, he litigated more than 100 tax cases, made several of the largest recoveries in Tax Division, and earned the high honor of Department of Justice Outstanding Attorney for six consecutive years (2008-2013). During his time with the Department of Justice, Ben served as an instructor in the National Advocacy Center's Civil Trial Advocacy Course and served as the United States Attorney's Office Point of Contact for bankruptcy tax fraud matters and substantive tax issues. Ben has also served as the cryptocurrency subcommittee chair for the American Bar Association’s Criminal Litigation Committee, chair of the Tax Law Committee for the Kansas City Metro Bar Association and a member of the Board of Directors of the KCMBA’s Business Law Section.
Ben's previous experience also includes working as an associate for five years at a law firm in Washington, D.C., where he defended financial services companies in nationwide consumer fraud class actions and other complex litigation and regulatory matters, as well as assisted with internal investigations. After law school, he served as a judicial law clerk for the Honorable Stephen H. Glickman of the District of Columbia Court of Appeals.
