Miami, Florida - On April 16, 2009 a federal jury found race car driver and Dancing with the Stars winner not guilty on all six counts of income tax evasion alleged against him. Castroneves’ sister and business manager, Kati Castroneves was also found not guilty. The jury was unable to reach a verdict on the sole count of conspiracy to commit tax evasion. The Court declared a mistrial on this lone count. Helio Castroneves was represented by David M. Garvin, Esq. and Roy Black, Esq. Kati Castroneves was represented by Howard Srebnick, Esq. and Scott Srebnick, Esq. The attorneys worked as a team and argued that the remaining count should be dismissed because there can be no conspiracy if no tax evasion was present. On Friday May 22, 2009 the United States Attorney’s Office for the Southern District of Florida moved the Court to dismiss the remaining count. The Federal District Court for the Southern District of Florida entered its order dismissing the conspiracy count on May 22, 2009. Helio Castroneves competed in the Indianapolis 500 race on Sunday, May 24, 2009 and won the first place trophy.
Trials
Indianapolis 500 Winner Helio Castroneves Wins Tax Trial
Commissioner Arthur Teele found not guilty
On April 19, 2007 the Third District Court of Appeals vacated the conviction entered by the trial court against Arthur Teele for corruptly threatening detectives during their investigation. The appeals court found that the motion for judgment of aquittal filed by Mr. Teele’s attorney, David M. Garvin, should have been granted by the trial court since Mr. Teele’s conduct was proven not to be a crime. The jury had found Mr. Teele not guilty of the more serious charge of aggravated assault against a police officer with a deadly weapon. The Governor reinstated retroactively Mr. Teele as a Commissioner of the City of Miami.
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Commissioner Art Teele, talks to his attorney David Garvin , (left) on the first day of jury selection.
United States v. Armadoros
In the case of US v. Armadoros, Mr. Garvin represented the defendants who were accused of cashing over 8 million dollars of business checks at check cashing stores and were further accused of depositing an additional amount of 2 million dollars in so called secret bank accounts. The US charged the defendants with 15 counts of income tax evasion and filing false personal and corporate tax returns. Following a 4 week federal jury trial the defendants were found NOT GUILTY on all counts on June 17, 2004.
United States v. Elliott
Excerpt of trial transcript from United States v. Terry Elliott, Docket No. 98-511-CR-Lenard, June 14, 1999.
The Court: United States versus Terry Elliott, Case Number 98-511. Would counsel state their appearances. (All parties present.)
The Court: I have received a note from the jury they have reached a decision. We will ask them to come in. (Jury present.)
The Court: Ladies and gentlemen of the jury, have you reached a verdict?
The Foreperson: We have.
The Court: Would you pass your completed verdict form to the court security officer. Publish the verdict.
The Clerk: United States District Court Southern District of New York, 98-511, Untied States versus Terry Elliott. We the jury find the defendant Terry Elliott not guilty. Count 1, not guilty. Count 2, not guilty.
Cleo Perfume, Inc. v. Commissioner of the Internal Revenue
Excerpt of trial transcript from Cleo Perfume, Inc. v. Commissioner of the Internal Revenue, Docket Number: 26008-96, December 16, 1997 before U.S. Tax Court with Mr. James Dawson, District Counsel for IRS.
Mr. Dawson: But there’s still the issue of tax benefit.
The Court: Oh, I think there is a strong issue of tax benefit.
Mr. Dawson: There is a very strong issue of that, and that’s why I wanted - - that’s why it wasn’t - - it was just to educate the Court as to the tax benefit. That what hopefully the charts did, Your Honor. That’s all I was trying to do.
The Court: I understand that. So I look forward to receiving your briefs. I think both sides did an outstanding job in presenting the facts, so that we could understand it, and you both represented your clients extremely well, in my opinion.
Mr. Dawson: I’ll tell you, for the record, Your Honor, I think Mr. Garvin’s probably the best counsel out there for Petitioners. The gentlemen from Cleo Perfume should be very happy with that fact. He’s a tremendous attorney.
The Court: Thank you. Thank you all very much.
Mr. Garvin: Very kind. Thank you, Your Honor. It’s been a pleasure being before you.
(Whereupon, at 5:31 p.m., the trial was concluded.)
United States v. Unkle
Excerpt of trial transcript from United States of America v. Charles T. Unkle, Docket Number: 98-398, January 28, 1999. (Court reconvened at 4:18 p.m. out of the presence of the jury.)
The Court: Ladies and gentlemen, we have a verdict.
Mr. Christopher Kron is the Foreperson.
Please bring in the jury.
(The jury entered the courtroom at 4:20 p.m.)
The Court: Mr. Kron, I understand you are the Foreperson and the jury has reached a verdict.
Jury Foreman: We have.
The Court: If you will hand the packet to Officer DeStefani. And will you, officer, hand it to Mr. Heede? Mr. Heede will you please publish the verdict.
Mr. Heede: United States District Court, Southern District of Florida, case number 93-398, criminal, Seitz. United States of America versus Charles T. Unkle.
Verdict: We the jury find the defendant as to Count 1, not guilty; as to Count 2, not guilty; as to Count 3, not guilty, so say we all. Dated January 28, 1999. Signed, Christopher Kron, Foreperson.
The Court: I believe now I have to formally adjudicate Mr. Unkle as not guilty, I believe. In the matter of United States versus Charles T. Unkle, case number 98-398 CR, Seitz, based on the verdict of the jury, I find you not guilty as to Count 1, not guilty as to Count 2, and not guilty as to Count 3. Sir, you are free to go.