A Yankwitt LLP criminal defense team led by Partner Jason Swergold represented Brian Murray in United States v. Brian Murray in the Southern District of New York. Murray, owner of a contracting business, had failed to pay taxes for nearly two decades, owing the IRS $1.8 million.
In his sentencing submission and at the hearing, Jason, a former AUSA, persuasively argued that in light of the Department of Justice Criminal Division’s May 12, 2025, memorandum on enforcement and prosecution priorities, which deprioritized tax prosecutions, Murray should not face jail time. He cited the DOJ’s dismissal of United States v. Wiederhorn, a multimillion-dollar corporate tax fraud case, as evidence that prosecutorial priorities were shifting, and underscored how recent high-profile pardons reflected evolving standards of fairness in tax enforcement.
Jason’s arguments resonated with the court with Judge Halpern sentencing Murray to probation rather than prison. By framing the case within the broader context of policy change and drawing on his experience as a federal prosecutor, Jason resolved this matter favorably for the client.