United States v. Sergio Gardea - 05/10/2018

Tax preparer found not guilty on all 30 counts of preparing false tax returns following a 2 week jury trial today. Mr Gardea was represented by Miami criminal tax lawyer David M. Garvin.

MIAMI CRIMINAL TAX LAWYER


Renown Criminal Tax Defense Attorney In Miami, FL

Not Guilty! Recognized by his peers for having numerous Not Guilty verdicts in federal criminal tax cases. David M. Garvin is Florida Bar Certified as a Tax Specialist.  Mr. Garvin has successfully represented numerous taxpayers under IRS criminal tax investigation. Acknowledged by publications Super Lawyers, Top Attorneys, and Martindale-Hubbell as a preeminent tax and criminal lawyer. Selected by the Daily Business Review as the  Most Effective Lawyer of the year for 2014 in criminal law and as the Most Effective Lawyer of the year in 2010 in complex litigation. Rated by AVVO as superior and AV Rated by Martindale-Hubbell. Known for both his knowledge of the law and his skills in the courtroom by federal lawyers and judges before whom he has appeared. David M. Garvin is nationally renown for his criminal tax trial record. The following are the results of representative criminal tax cases tried by David M. Garvin and decided by a jury: 

Criminal Tax Trials in Miami


Case NameCase NumberOutcome
U.S. v. J.R.13-20346-CR-UngaroNot Guilty on all Counts
U.S. v. R.R.13-20346-CR-UngaroNot Guilty on all Counts
U.S. v. S.G.5:17CR366Not Guilty on all Counts
U.S. v. J.M.12-CR-60025-WilliamsNot Guilty on all Counts
U.S. v. H.C.1:08-20916-CR-GrahamNot Guilty on all Counts
U.S. v. D.A.04-20190-CR-AltonagaNot Guilty on all Counts
U.S. v. T.E.98-511-CR-LenardNot Guilty on all Counts
U.S. v. N.M.15-20258-CR-LenardNot Guilty on all Counts
U.S. v. J.C.08-CR-20044-LenardHung Jury All Counts
U.S. v. C.U.98-398-CR-SeitzNot Guilty on all Counts

During this same period of time, David M. Garvin has succeeded in convincing the government to kill several cases without returning an indictment. Examples would include: U.S. v. Arnaldo Predo;  U.S. v. Kemal Arin; U.S. v. Ary Krau; and others. Mr. Garvin has obtained remarkable results for his clients throughout the United States.

Selecting the Right Lawyer for You

Naturally, when a taxpayer learns that he is under investigation for a possible tax violation the taxpayer tries to locate the best tax lawyer possible. Retaining a top tax attorney early in the process may have a significant impact on the outcome of the case. However, most people looking for the best tax lawyer or top tax attorney do not know what information to look for or questions to ask to determine which tax lawyer is best suited for their particular case.  If you have a potential criminal tax case and you are in the process of selecting an attorney, you have an absolute right to ask the lawyer for the results of his jury trials in criminal tax cases for the defense. It is important that you do your due diligence. Do not be afraid to ask for case names and numbers. We welcome you to compare the criminal tax jury trial record of David M. Garvin to any other lawyer or law firm.

Respect of His Peers

David M. Garvin has practiced criminal tax law for over 35 years. During that period of time, he has earned the respect of his peers.  Well known and long time federal criminal defense lawyer, Alan S. Ross recently posted this statement to another lawyer’s open internet request for a recommendation to a top tax lawyer.

"I have done tax cases my entire career
and I have co-defended dozens of them with everyone in town
and I can tell you that David Garvin is THE man. There isn’t even a close second."

Alan S. Ross, partner Ross, Amsel, Raben, Nascimento, PLLC.  April 17, 2016.

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IRS Conviction Statistics

The IRS published statistics reveal that approximately 80% of criminal tax investigations result in an indictment.  Further, over 90% of the indictments against taxpayers result in a conviction. Investigations are conducted by highly trained criminal division special agents. As of July 1, 2016, the results of David M. Garvin’s last 10 clients who chose to proceed to trial in a criminal tax case in Miami, Florida are: 8 clients were found not guilty on all counts; 1 client’s case ended with a hung jury; and 1 client lost her case and was found guilty. Record 8-1-1.  This record in criminal tax cases is unheard of and according to comments of IRS special agents and lawyers is unequaled, not only in Miami but nationwide. A few lawyers claim that they have winning records but these claims are seldom confirmed when requests are made of the lawyer to provide case names and case numbers of their actual jury trial verdicts.  

The Importance of Evidence

An agent's decision to request approval to seek an indictment is virtually never determined by your lawyer's alleged contacts within the IRS, Department of Justice or United States Attorney’s office. The decision is seldom influenced by your perceived cooperation during the investigation or whether you have been a “nice guy.” Instead, the decision is almost always based upon evidence and the strength of the case.  The Tax Division of the Department of Justice frowns upon losing any criminal tax trial. A loss by the government does not promote the objective of voluntary compliance nationwide. Too many lawyers and accountants try to “cooperate” and treat a criminal investigation as they would a civil tax audit. The results are far too often tragic. By the time they realize their mistake, it is too late.


Selecting the Best Criminal Tax Lawyer.

When winning is your only option.* Often people who find themselves in a criminal tax case are hard working good people. Many are educated businessmen, professionals, politicians, and even celebrities. Most have never had any problems with the law in the past. These taxpayers are often anxious to resolve their case quickly and quietly. To accomplish their objective, they seek out the assistance of the best criminal tax attorney possible.  However, the process of locating the best criminal tax lawyer requires a substantial amount of due diligence. There are literally tens of thousands of licensed practicing lawyers.  It is virtually impossible to determine which lawyer is the best in any particular area of the law.  Instead, a more realistic endeavor is to search for the lawyer that is experienced, qualified and concentrates in the area of law within which your case falls.

Most taxpayers will ask friends and associates for advise. Well meaning friends will often respond with the name of the best person they know. However, they seldom know much about the credentials of the attorneys whose names they mention. Former federal prosecutors are sometimes selected based upon alleged “contacts” they have from the time they were a prosecutor.  This seldom translates into a real advantage in winning a criminal tax case.

There is one single factor that may be the most important.

There is one factor that may be the most significant single factor when selecting the best criminal tax lawyer for your case. This single factor is important no matter what geographic location of your criminal tax lawyer. Whether you are searching for the best criminal tax attorney to represent you in New York, Miami, Chicago, Los Angeles, or any other city in the United States, the jury trial record of the lawyer is an important indicator as to the lawyer's abilities.  Quite simply, in an area of the law were the IRS boasts that over 90% of its indictments result in a conviction, does the lawyer you are considering, win? 

It is estimated that 90% of all criminal lawyers have never won a criminal tax jury case for the defense. For this purpose “win” means the jury found the taxpayer NOT GUILTY on all counts. Many lawyers claim they have won cases but, when you look closely at the cases they cite you will find that they won a few counts but lost the remaining counts in the indictment.  Often their clients were sentenced to serve substantial amounts of time in jail.  This is hardly a victory for the taxpayer client.   A true win for the taxpayer only occurs when all counts are either dropped by the government, dismissed by the Court, or result in not guilty jury verdicts.

A taxpayer must do his due diligence. Ask the lawyer for each and every name and case number of the criminal tax cases the lawyer represents that he has won. Look on PACER and read the actual jury verdict. If the jury found the taxpayer not guilty on each and every count and the taxpayer left the courthouse as a free man, it was a victory for the defense. The search for the best criminal tax lawyer should be a search of lawyers nationwide.  Ultimately, you will locate the lawyer who has won the most criminal tax cases for the defense.  The law offices of David M. Garvin urge you to compare the criminal tax trial record of David M. Garvin to any other lawyer or law firm.

How Many Taxpayers Have Won Their Criminal Tax Trial.

 

During the past 18 years (1999 through 2016) only a modest number of taxpayers won their criminal tax trial and were found NOT GUILTY on all counts. The number of taxpayers acquitted during the past 18 years is as follows:

56 in the Northern Region: Michigan, Ohio, Kentucky, Pennsylvania, New York, Vermont, New Hampshire,Maine, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, and Maryland.

62 in the Western Region:  Washington, Oregon, California, Nevada, Arizona, Utah, Colorado, Oklahoma, Kansas, Nebraska, Wyoming, Idaho, Montana, North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, Illinois, Indiana, Hawaii, and Alaska.

81 in the Southern Region: New Mexico, Texas, Louisiana, Arkansas, Missouri, Tennessee, Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Virginia, and West Virginia.

The Southern Region has over 350,000 active lawyers.  One lawyer accounts for approximately 10 percent of the criminal tax cases in which the taxpayer was found not guilty on all counts.  That one lawyer is David M. Garvin.

 

David M. Garvin, When Winning is the Only Option.*

When winning means everything and there is no other option, hiring an attorney who specializes in criminal tax defense and has a proven trial record is a must.  David M. Garvin is able to handle cases ranging from the large complicated multi-issue case, to a small single issue matter. Regardless of the facts, he will tirelessly defend your rights in court.

* The trials listed do not reflect all of the trials of the law firm. Further, the outcome of each case is largely influenced by the unique facts of that particular matter. Past results do not guarantee successful results in the future.

 

A Commitment to Effective Service

We provide experienced representation for clients in Florida, nationwide and around the world, with first class legal advice on criminal law and tax matters.

Member of SuperLawyers®.

Martindale-Hubbell® "AV" rated

Selected for "Preeminent Bar Register" in both tax and criminal trial practice

Winner of the prestigious Daily Business Review Award for "Most Effective Lawyer" in 2014 in the area of criminal law. 

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