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Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

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Insider Trading Crimes Federal Defense Lawyers

By Spodek Law Group | February 13, 2023
Table of contents
(Last Updated On: August 1, 2023)

Last Updated on: 1st August 2023, 12:40 am

Federal Insider Trading: A Crime of Greed and Gluttony

Are you the next “Wolf of Wall Street” or simply caught in the crosshairs of a Federal Insider Trading investigation? The reality is, one doesn’t have to be a notorious stockbroker to face the wrath of the United States Attorney’s Office and Federal Court Judges. Insider Trading is one of the white-collar crimes that elicits a similar emotional response in law enforcement as violent crimes. From FBI agents to Magistrate Judges and prosecutors to District Court Judges, allegations of Insider Trading are met with the full force of the law.
In recent years, the Federal government has ramped up its efforts to prosecute Insider Trading crimes. From perusing the pages of the Wall Street Journal, New York Times, or any other local or national newspaper, it’s evident that Insider Trading is a high priority for the Federal government. If you’re facing such allegations, it’s crucial to seek the advice of a Federal criminal lawyer to protect your career, professional licenses, and most importantly, your liberty.
What is Insider Trading?

Although a single, all-encompassing definition may not exist, there are four main areas of Insider Trading that are widely recognized by the legal community. Let’s take a closer look at each one:

Breach of Fiduciary Duty or Violating Trust

The first area of Insider Trading involves a breach of fiduciary duty or violating the trust of someone in connection with a purchase or sale. This type of Insider Trading involves exploiting a confidential relationship for personal gain.

Use of Material or Nonpublic Information

The second area of Insider Trading involves the use of material or nonpublic information for a purchase or sale. This type of Insider Trading involves using information that is not available to the general public to make investment decisions.

Knowing or Reckless Use of Public Information

The third area of Insider Trading involves the knowing or reckless use of material that is public information when trading. This type of Insider Trading involves taking advantage of information that is publicly available but not widely known or understood to make investment decisions.

Insider Trading: The Statute and Punishments

Insider Trading can be addressed both civilly and criminally. The administrative process within the Security and Exchange Commission can handle civil cases, with penalties including restitution, fines, and debarment. Criminal cases, on the other hand, are usually prosecuted Federally through the Securities Fraud statute, 18 U.S.C. § 1348, which states that anyone who knowingly executes a scheme to defraud any person in connection with any security or obtains by false or fraudulent means any money or property related to the purchase or sale of any security shall be guilty of Securities Fraud and punished by up to 25 years in prison and a fine of up to $250,000.

The Consequences and Protections

In recent years, the penalties for Insider Trading have skyrocketed as a result of a crackdown on white-collar crimes. Jail time and hefty fines are common consequences of a conviction, but the stakes are even higher for executives of publicly traded companies. Prosecution attorneys are now seeking to bar those convicted of Insider Trading from serving in such positions, and the harsh penalties extend to those who pass along insider information for personal gain as well.
With the potential consequences of a conviction being so severe, it’s essential to have a highly qualified Insider Trading lawyer on your side. An experienced lawyer can provide a comprehensive evaluation of your case and craft the best possible defense strategy. A knowledgeable Insider Trading lawyer can assess the motivations of your trading company, evaluate any knowledge of nonpublic information prior to trading, analyze trade decisions, and even request a copy of a Formal Order issued by the SEC for review and preparation before questioning.

Other Federal White Collar Crimes

In addition to Insider Trading, other Federal white-collar crimes include Wire Fraud (Title 18, United States Code, Section 1343), Mail Fraud (Title 18, United States Code, Section 1341), Health Care Fraud (Title 18, United States Code, Section 1347), and Federal Conspiracy Crimes. Regardless of whether you’re a subject, target, or witness in a Federal investigation, it’s crucial to implement the proper defense strategy to protect your future. The stakes are high, and the consequences of not having a knowledgeable and experienced Federal criminal lawyer on your side can be dire.

The Hunting Pack: Federal Agencies and Insider Trading

The initial investigation into insider trading cases often begins with the Securities and Exchange Commission (SEC). However, they are not alone in their pursuit of justice. The Federal Bureau of Investigation (FBI) and the United States Postal Inspection Service may also play a role in uncovering the truth.

Federal Securities Fraud and Insider Trading: Understanding the Risks

Insider Trading is a criminal offense that involves the use of “inside” information to make gains or avoid losses before the information has become public. When this occurs, it is considered illegal and constitutes Securities Fraud. The stock exchange is regulated primarily by the Securities Exchange Act of 1934, and if suspicious activity is detected by Self-Regulatory Organizations (SROs), the Securities and Exchange Commission (SEC) can pursue an investigation.
If you believe that you are being monitored or investigated for Insider Trading, it’s essential to take immediate action. Seeking the advice of a knowledgeable and experienced criminal lawyer can help to mitigate penalties and even lead to the dropping of charges. Early intervention is crucial in these types of cases, and a skilled lawyer can guide you through the complex legal landscape and protect your rights and interests.
Don’t let the government’s pursuit of justice ruin your life and career. Contact Spodek Law Group and let attorney Todd Spodek use his experience, knowledge, and advocacy to work for you. At Spodek Law Group, we are committed to helping our clients avoid the harsh penalties associated with federal convictions, such as extended prison sentences, financial penalties, and the loss of employment and financial stability.

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