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
      Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws.

      Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.

      Securities fraud includes outright theft from investors and mis-statements on a public company's financial reports. The term also encompasses a wide range of other actions, including insider trading, front running and other illegal acts on the trading floor of a stock or commodity exchange.

      According to the FBI, securities fraud includes false information on a company's financial statement and Securities and Exchange Commission (SEC) filings; lying to corporate auditors; insider trading; stock manipulation schemes, and embezzlement by stockbrokers.

      The Securities and Exchange Commission (SEC) determine the requirements for securities fraud. SEC outlines these requirements under Section 10b-5 (Rule 10b-5) of the Securities Act of 1934. To commit securities fraud, all elements of Rule 10b-5 must be satisfied.

Definition

      Securities fraud under Rule 10b-5 prohibits using "any manipulative or deceptive device or contrivance" in connection with the purchase or sale of any security. Under this rule, one cannot deliberately try to deceive another when selling or purchasing securities.

Fraud Under Rule 10b-5

        There are two ways to commit fraud under 10b-5:

    •   (1) Make an untrue statement (a lie);

    •  (2) Fail to state a material fact necessary in order to make the statement made, in light of the circumstances under which they were made, not misleading (a half-truth, or not telling the whole story).

Requirements

      In order to commit securities fraud, the lie or half-truth must have been made in connection with the purchase or sale of securities. In other words, the lie or half-truth was made to induce someone to buy or sell securities. If someone is selling securities and he lied about his preference of sports teams, that is not securities fraud because it is immaterial to the purchase and sale of securities.

State of Mind

      The person who lied or told a half-truth in connection with the purchase or sale of securities must have intended to defraud.
    Causation and Loss

      Lastly, the lie or half-truth must have caused the transaction (caused the victim to buy or sell stocks), and the victim must have suffered a loss as a result of this transaction.


IRS Criminal Investigation, IRS Defense Esq.

SECURITIES FRAUD

Serious Representation
  for Serious Matters
 
          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