Spodek Law’s team of attorneys have immense experience handling SEC investigations on a nationwide basis. We understand that when facing an SEC investigation, you want an experienced SEC investigation and enforcement action defense attorney.
Our collective group of attorneys have many years of experience handling tough cases. Our attorneys have helped brokers, directors, investment advisors, and individuals, who have connections with securities investigations and need talented attorneys who can help defend them.

What should you do when you get an SEC subpoena?
SEC subpoenas are issued to companies and individuals alike when there is adequate evidence that federal securities laws may have been violated. When this is true, a Formal Order of Investigation has entered, and authority is granted attorneys and investigators to subpoena documents, and take testimony to determine whether violations occurred.

These subpoenas are issued to people who are ultimately the target, or subject, of an investigation as either a respondent in an administrative proceeding, or defendant in an enforcement proceeding. Subpoenas are also issued to people and entities who the SEC attorneys believe have evidence of a violation. The SEC won’t tell you whether you’re a target, subject, or witness. SEC attorneys/investigators will tell you nothing about the investigation.

The first thing you need to do is contact an experienced SEC investigations and defense attorney who can help you. It’s important you have such an attorney representing you because you want to respond to the subpoena – without incriminating yourself. It’s important to assert your right not to self-incriminate, as per the 5th amendment. Once you produce documents, or information, it may be too late to assert this right.

If you’re being investigated for insider trading, you need an attorney
You could be investigated for a number of reasons – such as insider trading, fraud, Ponzi, stock manipulation, or more. It’s important you understand the way through which the SEC conducts investigations, makes decisions on who to charge, and whether it chooses to prosecute or settle a case. It’s also important that you have representation by an experienced SEC defense attorney who understands the legal process, and can protect you by navigating through this stressful legal process. Once you produce documents to the SEC, it will call you for testimony, where you will be asked questions under oath by the SEC staff about the investigation, and the relevant documents they have. It’s important that you are prepared to answer the SEC. When you give the SEC testimony, your position on facts is locked in, and your credibility is assessed and judged. Competent SEC defense attorneys ensure that you understand, and are ready for this intense process.

After you complete your testimony, and other witnesses in the investigation provide testimony, and after the SEC staff has reviewed documents produced, the SEC will either drop it’s investigation in you – or it will issue a Wells Notification, which is a formal notice that it intends to charge you.

You have the right to respond to a Wells Notification through an SEC defense attorney. Even if the SEC insists on filing charges, the matter can still be settled, or if the settlement cannot be reached, you have the right to contest the charges in either an SEC administrative proceeding, or in Federal Court.

SEC Investigations Defense Lawyers

The securities market is a complex and ever-changing landscape, with professionals such as stockbrokers, financial advisors, and market analysts navigating strict regulations enforced by the Securities and Exchange Commission (SEC) and other federal authorities. However, in the wake of numerous high-profile frauds in recent years, even the slightest oversight can lead to serious criminal charges.

At The Spodek Law Firm, we understand the gravity of securities fraud investigations and criminal trials, and we are dedicated to representing individual and corporate clients nationwide. Our team of experienced attorneys has a thorough understanding of the various allegations that can arise in the securities market, including:

• Front running, the illegal practice of using insider information for personal gain by buying securities just before a brokerage announces a favorable recommendation or purchases a large block of shares.
• Selling securities without a valid license, a serious federal offense that can occur when individuals sell securities without being registered with the SEC.
• Selling unregistered securities, which is a violation of federal law and constitutes fraud, as all securities offered to the public must be registered with the SEC, with very limited exceptions.
• Account churning, where a broker or financial advisor makes an excessive number of trades to generate commissions, putting their own interests ahead of their clients.
• Embezzlement, where an individual takes money from an investor or corporate account, resulting in securities fraud and other criminal charges.
• Providing false information to buyers or sellers, such as misrepresenting market projections, stock value, or the level of risk involved in a particular investment.
• Making unauthorized trades and unsuitable investments, which can result in charges for securities fraud, even if the individual is managing a discretionary account and has the authority to make certain investment decisions for their clients.

At The Spodek Law Firm, we are committed to protecting the rights of our clients and providing them with the best possible defense. We understand the complexities and nuances of the securities market and we are here to guide you through every step of the legal process. If you or your company is facing securities fraud allegations, don’t hesitate to contact us.

SEC INVESTIGATIONS: THE PROCESS EXPLAINED

As a leading SEC defense law firm, we are dedicated to representing corporate officers and employees who have been accused of securities fraud. Our team of seasoned attorneys and former federal prosecutors have a wealth of experience in defending against the most complex cases, including those involving insider trading and corporate reporting and disclosure violations.

Insider trading, the illegal use of non-public information to buy or sell a security, is a serious offense that carries severe consequences. As an employee or officer of a publicly-traded company, you may have access to valuable information that is not available to the general public. However, using this information for personal gain can lead to severe penalties, including up to 20 years in prison and $5 million in fines (or up to $25 million for corporate defendants) for a single offense.

Corporate reporting and disclosure violations are also strictly prohibited by federal securities laws. Corporate insiders are prohibited from disseminating false information in order to artificially inflate their company’s stock value or prevent major stock market losses. Examples of prohibited practices include making false accounting entries, making false statements to the company’s auditors, publishing inaccurate press releases, filing inaccurate quarterly or annual reports, promising exaggerated returns on investments, and committing violations of the Foreign Corrupt Practices Act and other federal laws.

At The Spodek Law Firm, we understand that facing securities fraud charges can be overwhelming. That’s why our team of experienced attorneys and former federal prosecutors work tirelessly to develop the strongest possible defense for our clients. We have the knowledge and resources to navigate the complex legal landscape and develop a defense strategy that is tailored to your specific case.

If you or your company are facing securities fraud charges, the stakes are high. Penalties for securities and commodities fraud are severe, and can include imprisonment of up to 25 years. Don’t risk your future by going it alone, trust our team of legal experts to defend your rights and protect your interests. Contact us today to schedule a consultation.

SEC Investigations Defense Attorneys

As you find yourself under investigation for insider trading, offering frauds, Ponzi schemes, or stock manipulations by the Securities and Exchange Commission, it is imperative that you grasp the intricacies of the investigative process. The SEC’s method of conducting investigations, making charging decisions, and settling cases can be daunting and overwhelming, but with the guidance of an experienced SEC defense lawyer, you can navigate this high-stakes legal journey with strategic precision.

The investigation usually commences with the issuance of a subpoena for documents and/or testimony, or in some cases, a voluntary request for information and/or testimony. It is crucial to note that while a subpoena obligates the recipient to comply, a voluntary request does not. The initial response to the SEC’s request is crucial as it determines whether you should produce documents and testify, cooperate, or invoke your Fifth Amendment rights. A seasoned SEC defense lawyer will counsel you on this critical decision, ensuring that your rights are protected and that you are in the best possible position during the investigation.

The production of documents to the SEC often leads to testimony, where you will be questioned under oath by SEC staff about the subject matter of the investigation and relevant documents. It is crucial that you are prepared for this phase as it is the most important part of the investigation. Your position on material facts will be locked-in and your credibility will be assessed and judged. A competent SEC defense lawyer will ensure that you understand and are ready for this process.

After the completion of testimony and the review of all relevant documents, the SEC will either drop its investigation or, if it believes it has evidence of a violation of Federal Securities Laws, it will issue a Wells Notification – a formal written notice of its intention to charge you. You have the right to respond to a Wells Notification through your SEC defense attorney, and in some cases, it may be possible to persuade the SEC to not pursue charges at this stage. However, if the SEC insists on filing charges, the matter can be settled or contested in a SEC administrative proceeding or in Federal Court, where your SEC defense attorney can call witnesses, cross-examine the SEC’s witnesses, and introduce evidence on your behalf. It’s vital to have a legal representation who understands the process and will protect you by strategically navigating you through this stressful, high-stakes legal process.