AV Rated Attorney, David M. GarvinAward Winning Tax defense Attorney (305) 371-8101 AV Rated Attorney (305) 371-8101 Award Winning Criminal Tax Attorney
Miami, Tampa, Orlando, Tax Attorney, Tax Lawyer, White collar crime defense, Fort Lauderdale, Palm Beach

           An investigation becomes public when the SEC files an action in court or through an administrative proceeding. The SEC website contains information about public enforcement actions. For additional information on how SEC investigations work, please see the following bulletin by the SECís Office of Public Affairs.inds no wrongdoing by the firm or the individuals that were the subject of the investigation. As a result, the SEC generally will not confirm or deny the existence of an investigation unless and until it becomes a matter of public record.

Securities and Exchange Commission (SEC) investigations are conducted confidentially to protect evidence and reputations. Important documents could be destroyed if an investigation is publicly announced, so confidential treatment may help to preserve key evidence in a case. A confidential process also protects the reputations of companies and individuals where the SEC finds no wrongdoing by the firm or the individuals that were the subject of the investigation. As a result, the SEC generally will not confirm or deny the existence of an investigation unless and until it becomes a matter of public record.

An investigation becomes public when the SEC files an action in court or through an administrative proceeding. The SEC website contains information about public enforcement actions. For additional information on how SEC investigations work, please see the following bulletin by the SECís Office of Public Affairs.

An investigation becomes public when the SEC files an action in court or through an administrative proceeding. The SEC website contains information about public enforcement actions. For additional information on how SEC investigations work, please see the following bulletin by the SECís Office of Public Affairs.


How Investigations Work

First and foremost, the SEC is a law enforcement agency. The Enforcement Division assists the Commission in executing its law enforcement function by recommending the commencement of investigations of securities law violations, by recommending that the Commission bring civil actions in federal court or before an administrative law judge, and by prosecuting these cases on behalf of the Commission. As an adjunct to the SEC's civil enforcement authority, the Division works closely with law enforcement agencies in the U.S. and around the world to bring criminal cases when appropriate.

The Division obtains evidence of possible violations of the securities laws from many sources, including market surveillance activities, investor tips and complaints, other Divisions and Offices of the SEC, the self-regulatory organizations and other securities industry sources, and media reports.

All SEC investigations are conducted privately. Facts are developed to the fullest extent possible through informal inquiry, interviewing witnesses, examining brokerage records, reviewing trading data, and other methods. With a formal order of investigation, the Division's staff may compel witnesses by subpoena to testify and produce books, records, and other relevant documents. Following an investigation, SEC staff present their findings to the Commission for its review. The Commission can authorize the staff to file a case in federal court or bring an administrative action. In many cases, the Commission and the party charged decide to settle a matter without trial.

Common violations that may lead to SEC investigations include:


    Misrepresentation or omission of important information about securities
    
    Manipulating the market prices of securities
    
    Stealing customers' funds or securities
    
    Violating broker-dealers' responsibility to treat customers fairly
    
      Insider trading (violating a trust relationship by trading on material, non-public information about a security)
    
    Selling unregistered securities.

Whether the Commission decides to bring a case in federal court or within the SEC before an administrative law judge may depend upon various factors. Often, when the misconduct warrants it, the Commission will bring both proceedings.

   
Civil action: The Commission files a complaint with a U.S. District Court and asks the court for a sanction or remedy. Often the Commission asks for a court order, called an injunction, that prohibits any further acts or practices that violate the law or Commission rules. An injunction can also require audits, accounting for frauds, or special supervisory arrangements. In addition, the SEC can seek civil monetary penalties, or the return of illegal profits (called disgorgement). The court may also bar or suspend an individual from serving as a corporate officer or director. A person who violates the court's order may be found in contempt and be subject to additional fines or imprisonment.
    
   
Administrative action: The Commission can seek a variety of sanctions through the administrative proceeding process. Administrative proceedings differ from civil court actions in that they are heard by an administrative law judge (ALJ), who is independent of the Commission. The administrative law judge presides over a hearing and considers the evidence presented by the Division staff, as well as any evidence submitted by the subject of the proceeding. Following the hearing the ALJ issues an that includes findings of fact and legal conclusions. The initial decision also contains a recommended sanction. Both the Division staff and the defendant may appeal all or any portion of the initial decision to the Commission. The Commission may affirm the decision of the ALJ, reverse the decision, or remand it for additional hearings. Administrative sanctions include cease and desist orders, suspension or revocation of broker-dealer and investment advisor registrations, censures, bars from association with the securities industry, civil monetary penalties, and disgorgement.


IRS Criminal Investigation, IRS Defense Esq.

Investigations by the
Securities and Exchange Commission

 
          Tax and criminal trial lawyer David M. Garvin, P.A. is AVVO rated as excellent and has been recognized as one of the top criminal defense litigator in the country. He holds a Martindale Hubbell AV rating* , has been recognized by SuperLawyers (limited to the top 5% of attorneys in Florida) and was selected by the  Daily Business Review as the "Most Effective Lawyer for 2010 in the area of complex litigation".

           The law offices of David M. Garvin, P.A. concentrates on serious criminal tax cases and white collar crime defense.  Mr. Garvin is a Florida Bar Certified tax attorney and accepts cases nationally. Mr. Garvin defends serious tax and criminal cases alleging tax fraud, bank fraud, healthcare fraud, commodities fraud, wire fraud, bank fraud, ponzi schemes, tax evasion, money laundering, false statements and other serious white collar crimes.

           To make an appointment please call in Miami (305) 371-8101, in Tampa (813) 413-0140, in Orlando (407) 218-4650 or email to: ontrial2@gmail.com

          The hiring of a Federal tax and criminal defense law firm is an important decision that should not be based solely upon advertisements. Before you make any decision, ask us to send you free written information about our tax and criminal attorney qualifications and experience.

                                                          Mr. Garvin has been selected as one of the "12 TO WATCH IN 2012"  by Attorney At Law magazine.

          This web site is designed for general information only.  The information presented at this site should not be construed to be formal legal advice nor the formation of a atty/client relationship. To learn what is a criminal and  tax attorney read our pages.

          The tax defense firm of David M. Garvin, P.A. has proudly provided exemplary legal services to clients throughout the United States including Orlando, Tampa, Miami, Fort Lauderdale, West Palm Beach, Naples, Hollywood, Miami Beach, Coral Gables, Key West, Tallahassee, Miami, Jacksonville, Los Angeles, Chicago, New York, Atlanta, Dallas, Houston, Knoxville, Philadelphia, Pittsburgh, San Francisco, Little Rock, San Diego, Cleveland, Washington DC, Las Vegas and Boston. Servicing Miami-Dade County, Broward County, Palm Beach County, Monroe County, Leon County, Duval County and Collier County.

                                                                   
[Home][Attorney][Tax Law Firm][Biography][Practice Area][Trials & Comments][Firm News][Newsletters][Site Map][Sentencing][Contact Us]
        Tax Fraud Report Archives
Click on the subject of interest for more information


 










































 


























































See our profile in Facebook
View the advice of our experienced team in YouTube
Check us out in LinkedIn
\r\n"; } echo $html; ?>
Orlando

Available for consultation
7380 Sand Lake Rd.
Suite 500
Orlando, Florida 32819
Tel.: (407) 218-4650
orlandoinfo@davidmgarvin.com
www.orlando-tax-attorney.com
Tampa

Available for consultation
2202 N.W. Shore Blvd.
Suite 200
Tampa, Florida 33607
Tel.: (813) 413-0140
tampainfo@davidmgarvin.com
www.tampa-tax-attorney.com
Miami

200 S. Biscayne Blvd.
Suite 3150
Miami, Florida 33131
Tel.: (305) 371-8101
ontrial2@gmail.com
www.miami-tax-attorney-davidmgarvin.com
Play Attorney David M. Garvin video
Miami Tax AttorneyMiami Tax Attorney
Miami Tax LawyerMiami Tax Lawyer
Tampa Tax AttorneyTampa Tax Attorney
Orlando Tax LawyerOrlando Tax Lawyer
Sentencing Table and ManualSentencing Table and Manual
Introduction to our criminal and tax law firmIntroduction to our criminal and tax law firm
AV Ratings
            Criminal Investigationís conviction rate is one of the highest in federal law enforcement. Not only do the courts hand down substantial prison sentences, but those convicted must also pay fines, civil taxes and penalties. CIís conviction rate is one of the highest in federal law enforcement.

            Since CIís inception in 1919 to the present, the conviction rate for Federal tax prosecutions has never fallen below 90 percent.  This is a record of success that is unmatched in Federal law enforcement.

                                                                The early involvement of experienced legal counsel can be the key to a successful result
Hear this Advice
Name:
Email:
Join our  Email List for Articles, Newsletters and Updates
  •   U.S. v. Julio and Raiza Robaina

  •
  U.S. v. Helio Castroneves

  •   U.S. v. Timothy Parkes

  •   U.S. v. Nation's Business Services

  •   U.S. v. Terry Elliot

  •   U.S. v. Armadoros

  •   U.S. v. Unkle

  •   U.S. v. Scott Levine

  •   S.E.C. v. Borell

  •   State of Florida v. Arthur Teele

  •   U.S. v.  John P. Miller, CPA
Representative  Cases
(Trials Results) it
  Tax Fraud News Reports Newsletters
  News, Forms and Press Releases
Important News