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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 Attorney - Florida Bar Certified Tax Lawyer

David M. Garvin has the winning trial experience that you need.

Should I Talk to the Federal Agents?

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A Criminal defense attorney with experience at your side during every step of your defense will make the difference.

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When Winning is Your Only Option.*

Selecting a Winning Lawyer is Crucial.  


For over 35 years, David M. Garvin has represented and successfully defended clients in federal criminal and tax matters throughout the United States earning him a deserved reputation as one of the nation’s top criminal and tax attorneys.  Mr. Garvin concentrates his practice on White Collar Crime and Tax defense including tax evasion. From investigations involving economic crimes and tax violations to full federal jury trials, the results that he has obtained for his clients have been nothing short of remarkable.

Mr. Garvin, is an AV Peer Review Rated (the highest available rating) attorney by Martindale Hubbell. Lawyers are rated for their skill and ethics. Mr. Garvin is recognized in the Bar Register of Preeminent Lawyers as both a criminal defense and tax attorney and has been recognized as one of our nation’s premier criminal defense and tax lawyers on multiple occasions. He has an AVVO rating of "Superb" and has been recognized and quoted by major publications throughout the United States. Mr. Garvin has won numerous jury trials in which his clients have obtained a verdict of NOT GUILTY on all counts. Representative cases are set forth below.  Relevant points relating to Mr. Garvin include:

  • Criminal Defense and Income Tax Litigation attorney.
  • All State and Federal White Collar Crime Defense.
  • Admitted to practice before the United States Supreme Court, the Eleventh Circuit Court of Appeals, the Sixth Circuit Court of Appeals, the United States Tax Court, the Florida Supreme Court and United States District Courts.
  • Respected Reputation Based upon Results.
  • Chosen by Attorney At Law magazine as "One to Watch".
  • Selected as a Super Lawyer by SuperLawyers.com for 10 consecutive years.
  • Award Winning as Most Effective Lawyer in 2014, by Daily Business Review.
  • Award Winning as Most Effective Lawyer in 2010, by Daily Business Review.
  • AVVO rating of "Superb".
  • Listed in the Bar of Preeminent Lawyers as both criminal defense and tax attorney.
  • AV Peer Review Rated, Martindale-Hubbell.
  • Florida Bar Board Certified in Taxation.
  • LLM (Masters in Law) in Tax and is also a CPA.

Criminal Jury Trials


Case NameCase NumberOutcome
U.S. v. S.G.5:17-CR-366-AdamsNot Guilty All 30 Counts
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. 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
State v. A.T.F 04-26073-CR-MurphyNot 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
U.S. v. T.P.1:09-CR-38-CollierNot Guilty on all Counts

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The Law Offices of David M. Garvin is a boutique practice designed to provide personal attention to the client's individual needs in matters involving white collar crime and tax defense.  Mr. Garvin accepts cases ranging from large complex multiple issue matters to smaller single issue causes. The firm focuses on the unique complexities and needs of each client’s case. Sample white collar or economic crime matters that Mr. Garvin handles include: bank fraud, mail fraud, securities fraud, tax fraud, wire fraud, money laundering and identity theft. Sample tax defense matters include tax evasion, failure to file, false returns, failure to pay, tax obstruction and conspiracy.

Mr. Garvin is the proud recipient of the award for the Most Effective Lawyer of the Year for 2014, in the area of criminal law defense issued by The Daily Business Review. Mr. Garvin was also the winner of the Daily Business Review's Most Effective Lawyer of the Year for 2010. in the area of complex litigation. The Daily Business review makes its selections from a field of approximately 50,000 licensed lawyers practicing in South Florida.  Mr. Garvin  has extensive trial experience and has obtained remarkable results for his clients in many criminal and tax matters.  Mr. Garvin has represented a wide range of clients including, celebrities, public officials, businessmen, doctors, accountants, lawyers, corporations, brokerage firms, individual brokers and numerous others. As part of its practice the firm handles Offshore Voluntary Disclosure matters.

Each case accepted by the firm, from single issue criminal matters, requiring relatively short trials, to complex high profile multiple issue mega cases, requiring lengthy trials, are personally handled by Mr. Garvin and receive the same exacting standards that have earned David M. Garvin the reputation of being the lawyer other lawyers turn to and an undisputed master of federal criminal tax defense.

"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.

Mr. Garvin provides representation at the investigative, grand jury, trial, plea, post-conviction and appellate levels to individuals and corporations facing criminal charges in state and federal courts across the United States. Mr. Garvin personally handles the cases. Cases are not passed to junior attorneys and/or associates, which often occurs in many large firms. Mr. Garvin accepts cases nation wide. He has handled cases from coast to coast including matters in Arkansas, California, Florida, Georgia, Illinois, Nevada, New York, Ohio,  Pennsylvania, Tennessee, Texas, and Washington, D.C.

David Garvin is admitted to practice before the United States Supreme Court, the Eleventh Circuit Court of Appeals, the Sixth Circuit Court of Appeals, the United States Tax Court, the Federal Claims Court, the Florida Supreme Court and United States District Courts. He is member of the Florida Bar, the Bar Register of Preeminent Lawyers, Florida Super Lawyers, the American Bar Association and the National Association of Criminal Defense Lawyers.

Mr. Garvin is Florida Bar Certified in Taxation and holds a LLM (Masters in Law) in Tax. In addition, to holding a Juris Doctoral degree in law, he is also a licensed CPA (Certified Public Accountant). Mr. Garvin's unique business background provides him with a distinct advantage in serving his clients in tax and white collar crime cases.

Mr. Garvin strives to formulate a successful defense strategy in each case while maintaining one-on-one client/lawyer interaction. He has consistently yielded excellent results for over 30 years. The firm has been the choice of people and businesses seeking cutting edge, high quality personalized criminal and tax representation. Understanding that the situation of each person facing any criminal charge is important and unique, we do not advocate "cookie cutter" defenses. Instead, Mr. Garvin designs each trial defense strategy consistent with the facts and circumstances of each case. The firm has found that this yields the best possible results for our client's case. A creative, well planned and intensive approach to defending your criminal charges can make a big difference in the result of your case. The choice of your lawyer may be the most important decision that you make regarding your case.  When winning is your only option,*base your decision on the trial records of the lawyers under consideration.

We welcome you to compare the reputation, experience and trial results of David M. Garvin with that of any criminal and/or tax defense lawyer or law firm in the country. Mr. Garvin's reputation is based upon his knowledge of the law, skill in the courtroom, and the experience of more than 30 years defending our clients in white collar crime and tax cases. The results Mr. Garvin has obtained for his clients have impressed the legal community knowledgeable of his work for years. Mr. Garvin knows that the majority of his clients are good people who often do not even know what they did to get into such legal difficulties.  He knows that clients with these particular legal issues often are unable to sleep and lie in bed staring at the ceiling thinking: what can I possibly do to solve this crisis? Mr. Garvin urges you to contact a qualified professional as soon as possible.  Do not try to "go it alone". Contact our Miami office today for a consultation: (305) 371-8101.

Please visit our practice area overview for information on some of our specific areas of criminal defense practice.  Mr. Garvin and his legal defense team will assist you in every facet of your case and will guide you in the preparation of your defense.

Individuals and businesses facing the threat of investigation or imminent criminal charges are urged to contact the Miami law office of David M. Garvin, P.A. today for a consultation. Mr. Garvin and his highly respected criminal defense team are prepared to intervene on your behalf.

The United States reports a conviction rate in excess of 90% in federal white collar crime cases and over 92% in federal criminal tax cases.

Locating and Retaining the Best Criminal Tax lawyer

When winning is your only option.* Many people who find themselves under criminal investigation by the IRS are hard working good people. Often they are educated businessmen, professionals, politicians, and even celebrities. Most are very successful in their own right and have never had any problems with the law in the past. These taxpayers are often anxious to have the matter resolved quickly and quietly. They seek 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 attorneys. It is not possible to unequivocally state that a particular lawyer is the best. Instead, the taxpayer should think in terms of locating the lawyers who are experienced, qualified, and concentrate in the area of law that is in issue.

Invariably, the taxpayer 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 more than one or two lawyers that handle federal criminal tax cases and they often do not actually know much about the lawyer they recommend. Former federal prosecutors are sometimes selected based upon alleged “contacts” they have from the time they were a prosecutor.  This seldom translates into an advantage in winning a criminal tax case.

There is one factor that is the most significant.

There is one single factor that is the most significant 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. That one factor is the lawyer's trial record in defending federal criminal tax cases.  Quite simply, in an area of the law were the IRS boasts that over 90% of its indictments result in a conviction the single most important question a taxpayer must determine when selecting a lawyer is: Does the lawyer you are considering have an extensive trial record of winning federal criminal tax cases? 

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 criminal tax cases but, when you look closely at the cases they cite, you will find that they won a few counts alleged in the indictment but lost the remaining counts.  Often the clients of these lawyers were sentenced to serve substantial amounts of time in jail. This is hardly a victory for the taxpayer.   A true win for the taxpayer only occurs when all counts are either dropped by the IRS, dismissed by the Court, or found not guilty by the jury's verdict.

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 locate 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. Generally, depositions are not permitted in federal criminal cases. There are very few motions filed that require the lawyers to appear in Court prior to the actual commencement of the jury trial.  As a result, top criminal tax lawyers are able to accept cases located throughout the United States.

If the taxpayer does his due diligence he will ultimately locate the lawyer who has won the most criminal tax cases for the defense.   We welcome you to compare the criminal tax trial record of David M. Garvin to any 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.

Southern Region Has Over 350,000 Active Lawyers

There have been 81 taxpayers that have been found Not Guilty on all counts during the past 18 years in the Southern United States Region.  The states comprising the Southern United States Region has 350,000 active lawyers. The number of lawyers by state is as follows:


StateActive LawyersStateActive LawyersStateActive Lawyers
NM5,581TX87,957LA19,099
AR7,320MO24,922TN18,288
MS7,094AL14,666FL75,697
GA31,499SC10,208NC23,325
VA24,193WV4,922--

One Lawyer Was Responsible For Approx. 10% of the Acquittals in the Southern Region

Out of the 350,000 active lawyers in the Southern Region, one lawyer, David M. Garvin, represented approximately 10% of the 81 taxpayers that won their criminal tax jury trial during the past 18 years. These taxpayers were found Not Guilty on all counts.


Less than 1% of All Lawyers Have Won a Criminal Tax Trial for the Defendant

It is estimated that less than 1% of all defense attorneys have successfully tried a federal criminal tax case. (Not guilty verdicts on all counts.)  However, Mr. Garvin has successfully tried numerous federal criminal and tax cases.

Before selecting a criminal defense attorney to represent you in a federal white collar crime or criminal tax case it is important to ask for information concerning the attorney's trial experience.

We welcome you to compare our  trial results to any other firm's or lawyer's.

* Note: The results of each trial are largely affected by the unique facts of that case. Past results are not a guarantee of future success.


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