Securities Fraud & Enforcement
When you’re facing an investigation into or charges of securities fraud, the full might of the federal government is being used against you in the prosecution of what they consider a white-collar crime. There are a variety of separate charges that fall under the umbrella term of securities fraud, but they all involve fraud committed against financial institutions or similar agencies.
When you consider how powerful these agencies and institutions are and the fact that prosecutors are getting stricter and stricter when it comes to white-collar crime, it’s clear that you need good legal representation. All too often, defendants are treated as a deterrent to others who might commit the same crime, resulting in incredibly steep fines and harsh sentencing that could lead to years if not decades behind bars. You need a legal firm that knows the ins and outs of the process, a group that has a proven track record of successfully defending clients at the federal level. You need a firm like the Norman Spencer Law Group.
What Types of Securities Fraud Are There?
Securities fraud covers several charges, all of which carry legal ramifications and can be compounded on one another. These charges may include:
- Manipulations With Stock Options To Executives
- Making False Promises Of Exaggerated Returns On Investments
- Improper Use Of Offshore Accounts
- Making False Press Releases
- Inflating Reported Assets
- Filing False Quarterly Or Annual Reports
- Investment Advisor Misconduct
- Insider Trading
- Improper Investments
- Misrepresentation To Investors
- Stock Embezzlement
How is Securities Fraud Investigated and Prosecuted?
The primary regulating and enforcement agency for securities fraud is the Securities and Exchange Commission or SEC. Contrary to what you might think, many of the investigations that the SEC carries out are not criminal, at least in the beginning. However, if some illegal activity is uncovered in the course of an inquiry, the SEC will shift it into a criminal one and investigate and prosecute accordingly.
If you know that you’re being investigated by the SEC, you should contact a competent defense attorney right away. Even if the investigation isn’t criminal, you need to be sure you’re covered. The nature of an inquiry can shift quickly, and hiring a lawyer ensures that the attorney has ample time and opportunity to collect the facts, devise a strategy, and begin a legal defense should it come to that. This way, your attorney can fight any charges that might come up, ideally getting them reduced or dropped altogether without you even having to step foot into a courtroom.
What Are the Consequences?
Along with the long-term consequences of fines or even jail time for a conviction related to securities fraud, there are plenty of immediate effects as well. Among them are severe monetary penalties and fines, injunctive relief, which is just shutting down the offending business of all its activities, and confiscating any illegal funds. A defendant might also be prohibited from serving as an officer in a public company. These consequences alone can be severe, and that’s before you even consider the prison sentencing that you could be facing as well.
Who is Investigated for Securities Fraud?
There aren’t any limits to who can be tried and convicted of securities fraud. With that said, there are some common categories of individuals who will tend to be charged, given their proximity to the events. Some of the people on this list would include:
- Investment brokers who are being investigated for misrepresenting financial products
- Executives who are accused of insider trading
- People who give some type of investment advice or sell securities without a license
- Executives who are suspected of making false accounting entries
The Importance of Professional Representation
Just as most SEC investigations do not begin as criminal investigations, the SEC isn’t always the body that pursues investigations or enforcement operations that do become criminal. They’ve been known to send cases to the Department of Justice, and they will then investigate and potentially prosecute according to their procedures.
Then for things like insider trading, you can expect a particularly public trial given just how much media coverage occurs for white-collar crime in general and insider trading in particular. In situations such as these, you’ll end up not only dealing with the legal repercussions but also the court of public opinion. All this stress and strain makes it vitally important that you have the right attorney for your case, someone who can keep a clear head and focus on the ultimate goal of getting your charges reduced or even dropped altogether.
The Norman Spencer Law Group Handles Securities Fraud & Enforcement
When you’re facing a federal criminal investigation, or even if charges have already been brought up against you, you want to know that the defense attorneys on your side have the experience and skill to get the job done. The risks of not going with the best are simply too high, especially regarding securities fraud and enforcement.
With the decades of combined experience that we have represented many cases (including ones that look just like yours), the Norman Spencer Law Group is just the legal firm for you. No issue is too big or small for us, too complex or straightforward. We’re available whenever and wherever we’re needed, and our dedicated and skilled team is just a click or call away. We have the skill, record, experience, and compassion needed to help. So if you’re facing any type of legal issues, get in touch with us today. Someone from our team will get back to you as soon as possible, and we’ll get started on getting you the help you need and deserve.