Pro Bono Attorney Gabriel Diaz Recovers Wrongfully Taken Funds from Tax Preparer

Vincent* faced a long battle to recover tax refunds owed to him by the Internal Revenue Service (IRS) after a fraudulent tax preparer took advantage of him.  Struggling financially, Vincent had turned to a tax preparer recommended by a nonprofit, who promised free services.  However, the tax preparer deducted $1,200 from his 2023 refund without authorization, and his tax returns for 2020, 2021, and 2022 were riddled with errors, reducing his refund significantly. 

Legal Services connected Vincent with Gabriel A. Diaz, an attorney in the Litigation Practice in Greenberg Traurig’s Miami office.  Mr. Diaz sent a demand letter to the preparer, which went unanswered.  He followed up with a second letter outlining legal issues, including breach of contract, civil theft, and offered a 30-day safe harbor period for resolution.  When the preparer still failed to respond, Mr. Diaz filed a lawsuit.

The case was eventually resolved through mediation, and the tax preparer was ordered to repay the $1,200 that had been wrongfully deducted.

“Working on this case provided me with an opportunity to sharpen my skills as a lawyer, while making a real difference in an individual’s life. Despite the complexities surrounding the tax issues and misappropriated funds, we were able to recover all the money that was wrongfully taken from our client. The matter required persistence as well as collaboration with opposing counsel throughout the process. Ultimately, it was an excellent result for our client and a privilege to be able to help him. Partnering with Legal Services was an invaluable experience, and I am grateful for their commitment to providing access to high-quality legal services to those who most need it in our community,” said Mr. Diaz.

Legal Services attorneys are still working to resolve outstanding issues with the IRS to ensure all aspects of Vincent’s case are fully addressed.  We are grateful for Mr. Diaz’s unwavering commitment to providing pro bono assistance. His work not only restored fairness to Vincent but also reinforced our collective mission to provide equal justice to all.

To learn about our pro bono opportunities, please contact Director of Pro Bono Yesenia Arocha.

*Name changed to protect client confidentiality.