Boston SEC Defense Lawyers

Facing securities fraud charges or an SEC investigation can be a daunting and overwhelming experience. But with the help of experienced and skilled securities fraud defense attorneys, you can navigate the complex legal landscape and protect your rights. At our law firm, we are dedicated to defending individuals and businesses facing securities and wire fraud charges in Boston and throughout Massachusetts.

Our attorneys possess a deep understanding of the laws and regulations governing securities transactions and have the knowledge and expertise to develop effective defense strategies on your behalf. We understand the gravity of an SEC investigation and the devastating consequences that can result from a conviction. That’s why we work tirelessly to minimize any potential harm and help you get your life back to normal.

Don’t wait until it’s too late. Contact us today for a free confidential telephone consultation. Time is of the essence and our attorneys will respond quickly, efficiently and most importantly, strategically to the investigation. Together, we will develop a comprehensive legal strategy tailored to your specific circumstances and fight to protect your interests. Don’t let the SEC’s investigation ruin your future, call us today.

The U.S. Securities and Exchange Commission (SEC) meticulously scours high-priority cities across the nation, including the bustling metropolis of Boston, known for its abundance of innovation and technological advancements. The SEC’s keen eye is fixated on both budding start-ups and established companies, delving deep into not only their practices but also the actions of company executives and other insiders. The SEC relentlessly targets both publicly-traded and privately-held entities, and routinely initiates administrative, civil, and criminal proceedings against individuals involved in alleged securities law violations. At Spodek Law P.C., we have honed our skills through years of representing companies and individuals as defense counsel in SEC matters, with several of our senior attorneys having previously prosecuted securities fraud cases for the federal government.

Our SEC defense practice encompasses representation for corporate executives and other insiders in Boston who find themselves under investigation or facing charges relating to a wide range of allegations, including insider trading. Federal securities laws strictly prohibit corporate executives and other insiders from buying or selling a company’s shares based on material non-public (or “inside”) information. Insider trading can be prosecuted as either a civil or criminal offense, depending on the nature of the allegations and specifically with regard to intent.

While there are several potential defenses to insider trading allegations, mounting a successful defense requires a thorough understanding of both the facts and the law. For example, if an insider can demonstrate that they executed a trade in accordance with a “pre-arranged plan,” as defined in SEC Rule 10(b)5-1, this can serve as a complete defense regardless of any other circumstances involved. At Spodek Law P.C, we have extensive experience in representing clients during SEC investigations and have resolved the majority of our clients’ investigations without charges being filed. But, we have a wealth of trial experience as well, and many of our lawyers have successfully litigated securities fraud cases from both sides.

Blackout periods are a crucial aspect of corporate insider trading regulations, as they prohibit insiders from executing trades during certain times – unless a specific exemption applies. These periods can arise due to pending SEC filings or other significant events that have the potential to impact the market for the company’s securities. However, when faced with allegations of unlawfully trading during a blackout period, corporate executives may be able to assert various defenses.

Mergers can also trigger trading blackout periods for both companies involved, requiring adequate notice to executives and other relevant personnel and prohibiting them from executing any prohibited trades during this time. The process of determining when a merger-related blackout period should begin can be complex, and SEC cases involving insider trades during mergers often hinge on whether a blackout period was in effect at the relevant time.

Insiders are also prohibited from using their family members to execute trades that they themselves are prohibited from executing, known as “tipping.” Both individuals involved in this scenario can face prosecution for violating federal securities laws, with key questions often centering on the information provided by the corporate insider and the extent to which the family member relied on this information.

In addition to blackout periods and “tipping,” various other violations of corporate trading policies can lead to SEC charges. Companies must have comprehensive securities law compliance policies and take reasonable steps to ensure that relevant personnel are aware of and consistently follow them. Violations can result in administrative, civil, or criminal penalties for both the company and the individual(s) involved.

When representing companies, corporate executives, and other insiders in SEC matters in Boston, we take a comprehensive approach focused on achieving a favorable and cost-effective result. This approach begins with overseeing an internal investigation, and it concludes with executing a strategic defense designed to protect our client as fully and quickly as possible:

Internal Investigations When facing scrutiny from the SEC, it is crucial to have a comprehensive understanding of your (or your company’s) potential exposure. This necessarily entails conducting an internal investigation swiftly and with the guidance and oversight of outside counsel to secure the protections of the attorney-client privilege. We have extensive experience conducting and overseeing internal investigations focused specifically on alleged insider trading violations and other securities-related matters, leaving no stone unturned in our pursuit of the truth.

SEC Testimony and Document Production The SEC relies heavily on its subpoena power to obtain testimony and documents during its investigations. When representing clients that have received SEC subpoenas for testimony, our lawyers work closely with our clients to ensure that they are fully and strategically prepared to testify in their own best interests, giving them the confidence they need to face the SEC head-on. When representing clients that have received SEC subpoenas for document production, our lawyers ensure that our clients timely meet their production obligations without unknowingly and unnecessarily disclosing damaging or incriminating records, leaving no room for error.

Evaluating Potential Defenses Based on the information uncovered during the internal investigation, the information sought in any SEC subpoenas, and other pertinent information sources, our lawyers will evaluate all potential defenses. As referenced above, there are several potential defenses to insider trading, blackout period trading, and other similar types of allegations, and we leave no defense unexplored. Once we identify the defenses our clients have available, we formulate comprehensive and cohesive defense strategies that take into account the practicalities and realities – both favorable and unfavorable – at hand, working tirelessly to protect our clients from administrative, civil, and criminal sanctions.

Executing a Strategic Defense Our goal in every matter involving the SEC is to fully protect our client against administrative, civil, and criminal sanctions. We never rule out viable defenses entirely, and we constantly reevaluate our defense strategies based on the circumstances presented, staying agile and adaptive in the face of any challenge. Our lawyers work directly with the SEC’s investigators and attorneys on behalf of our clients, and we work to systematically steer our clients’ investigations and enforcement proceedings toward our clients’ desired outcomes, fighting tirelessly to ensure a favorable and cost-effective result.