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.

Federal Tax and State Convictions Ordered Served Consecutively U. S. v. Reed Lexis 9274 (2nd. Cir. 2011)

U. S. v. Reed  Lexis 9274 (2nd. Cir. 2011)

Defendant Terry Reed  pleaded guilty to one count of conspiracy to defraud the United States by falsely and fraudulently obtaining income tax refunds in violation of 18 U.S. § 286.

On April 16, 2009, the District Court for the Northern District of New York, sentenced Reed to thirty-three months' imprisonment, to run consecutively with the sentence Reed was serving on unrelated state charges, followed by three years of supervised release.  Reed  appealed.
                                      
Reed raised two central challenges to the sentence imposed by the district court. First, Reed claimed that the district court erred in imposing the three-level management role sentencing enhancement pursuant to U.S.S.G. § 3B1.1(b) because it was not supported by the evidence, and the court failed to make a specific finding upon which the enhancement was based. Second, Reed claimed that certain standard and special supervised release conditions imposed by the court were in error.

The Court affirmed the conviction and sentence.

Tax Fraud Report
The Latest Criminal Tax Decisions, Selected Civil Tax Opinions and Related Economic Crimes.

 

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