Securities Fraud Defense Attorneys
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’s considered to be a white-collar crime. There are a variety of individual charges that fall under the umbrella term of securities fraud, but what they all have in common is that they involve fraud typically committed against financial institutions or similar agencies.
When you consider the powerful nature of these institutions as well as the fact that prosecutors are getting stricter and stricter when it comes to white-collar crime, it’s clear that you need proper legal representation.
All too often, defendants are treated as a deterrent to others who might commit the same crime, leading to incredibly steep fines and harsh sentencing that could lead to years if not decades of time 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 Are the Different Types of Securities Fraud?
Securities fraud is actually a fairly broad umbrella term that covers a number of charges, all of which carry their own legal ramifications and can be compounded on one another. Just a few examples of charges that a defendant could face in a case of securities fraud include things like 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, and stock embezzlement.
How are These Actions Investigated and Prosecuted?
The main regulating agency when it comes to issues of 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 in nature, at least in the beginning. However, if in the course of an investigation some criminal activity is uncovered, the SEC will shift the investigation into a criminal one and investigate and prosecute accordingly.
If you know that you’re being investigated by the SEC, even if the investigation isn’t criminal in nature, you should still contact a competent defense attorney right away. The nature of an investigation can shift quickly, and hiring a lawyer early 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 Some of the Immediate 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 things like severe monetary penalties and fines, injunctive relief, which is basically just shutting down the offending business of all its activities, and also the confiscation of any funds that were gotten illegally. A defendant might also be prohibited from ever again serving as some kind of officer in a public company. These consequences alone can be quite severe, and that’s before you even take into account the prison sentencing that you could be facing as well.
Who Typically Gets Investigated for Securities Fraud?
There aren’t really 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 that take place. Some of the people on this list would be investment brokers who are being investigated for misrepresenting their financial products, executives who are accused of insider trading, people who give some type of investment advice or otherwise sell some securities without having a proper license, and executives who are suspected of making false accounting entries.
What Else Should I Know?
Along with most of the SEC investigations not beginning as criminal investigations, the SEC isn’t always even the body that pursues all investigations that do become criminal. They’ve been known to pass some of the investigations on their plate over to the Department of Justice, which will then investigate and potentially prosecute according to their own procedures.
Then for things like insider trading, you can expect a particularly public trial given just how much media coverage has been given to 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 imperative 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.
Norman Spencer Law Group Securities Fraud Attorneys
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.
With over 70 years of combined experience representing a wide variety of cases (including ones just like yours), the Norman Spencer Law Group is just such a legal firm. No case is too big or small, too simple or complex. 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 that you need and deserve.