Award Winning Tax defense Attorney (305) 371-8101 United States v. Timothy Parkes
Miami, Tampa, Orlando, Tax Attorney, Tax Lawyer, White collar crime defense, Fort Lauderdale, Palm Beach

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United States v. Timothy Parkes

       White collar criminal defense attorney David M. Garvin today announced the successful appeal of the bank fraud conviction of Timothy Parkes in a case involving the former Benton Bank in Polk County, Tenn. On Feb. 2, the 6th Circuit Court of Appeals issued its unanimous decision in the case of United States v. Timothy Parkes, Case No. 09-6525, reversing convictions of bank fraud on all counts and granting the defendant's motion for judgment of acquittal. The court held that the district court had incorrectly denied Parkes' motion for acquittal following the jury trial.

       “After a long battle, we are pleased that Timothy Parkes is once again a free man,” said Garvin. “The appeals process can be lengthy and arduous, but it proves that bad decisions can be reversed and defendants can get a second chance at justice.”

       Parkes and his partner Mark Mourier were each charged with 13 counts of bank fraud arising from loans that were made to more than 10 LLCs for millions of dollars by Benton Bank. The bank president was separately charged and pled guilty. Ultimately, the bank failed. Parkes was also charged with making a false statement to special agents during the investigation.

       The jury found Mourier not guilty on all counts. Parkes was found not guilty on three counts of bank fraud and one count of making a false statement. During the trial the court prohibited Parkes from presenting evidence to support the theory of his defense, i.e. that the bank president had acted alone. In addition, Parkes' motion for mistrial was denied despite the fact the prosecutor improperly told the jury if they acquitted Parkes, he would get to keep more than $4 million of the bank's money. Parkes timely moved for judgment of acquittal based upon insufficient evidence. The district court denied the motion. Parkes appealed.

        The Sixth Circuit Court of appeals found that the district court erred when it prevented Parkes from introducing evidence in support of his defense. The court also found that the district court erred when it denied Parkes' motion for mistrial based upon the prosecutor's misconduct and most importantly when the district Court denied Parkes' Rule 29 motion for judgment of acquittal due to insufficient evidence.


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          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.

                                                                   
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            Criminal Investigation’s 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. CI’s conviction rate is one of the highest in federal law enforcement.

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