Last Updated on: 28th July 2023, 07:20 pm

The term “misrepresentation” refers to a manifestation or assertion not in accordance with the truth. Both conduct and words that create a misleading impression or obscure true facts may be considered forms of misrepresentation.
Misrepresentation can be both a criminal wrong and a civil wrong. The defendant can face significant legal consequences if the misrepresentation becomes fraud, and misrepresentation can occur in a number of industries through the creation of contracts. When misrepresentation involves facts about commodities or securities or corporate financial statements, it may be classified as a form of investment fraud.
If you have been accused of securities fraud based on misrepresentations, contact Spodek Law Group, PC today for legal assistance. Our team can represent your legal issues that arise from allegedly making misleading or false statements. Our New York misrepresentation lawyers have represented financial professionals, corporate executives, investment advisors and financial institutions accused of a variety of fraud offenses. Call us today for more information about our legal services.
Types of Misrepresentations
Although misrepresentations can occur in any context or industry, some of the most common cases of misrepresentation that result in investment fraud accusations include:
1. Making false statements about a company’s financial situation. Board members and corporate executives may defraud the public and shareholders about the company’s financial condition by misrepresenting the truth about losses and profits.
2. Misrepresenting potential gains and risks of an investment opportunity. Although pyramid schemes are where this type of misrepresentation most commonly occurs, it can happen anytime someone makes false promises about what an investment opportunity may mean for investors.
3. Preparing false account statements. Brokers and financial advisors may make misleading statements to obscure excessive trading to earn commissions. They may also misrepresent the value of their clients’ accounts in cases of embezzlement or prepare false account statements to lure investors. Ponzi schemes are another form of misrepresentation fraud that rely on misleading or fake account statements with the goal of luring investors.
4. Making misleading or false statements about the value of securities. In pump-and-dump schemes, investors purchase a significant number of penny or microcap stocks and then heavily market them using misleading or false statements. In turn, the investors make a large profit and sell the stocks, leaving investors scrambling.
Fraudulent misrepresentation or intentional misrepresentation is common when large sums of money are involved, but severe penalties may result if an individual is convicted in an intentional fraudulent misrepresentation scam.
The attorneys at Raisser & Kenniff, PC know the laws surrounding misrepresentation like the backs of our hands. If you have been accused of a misrepresentation scheme, let us put our experience and skills to work for you.
Is Fraudulent Misrepresentation a Crime?
Keep in mind that innocent misrepresentation is not automatically a criminal offense. In order to determine whether you can be charged with a crime is to figure out whether the misrepresentation was knowing or intentional and whether it was part of a larger plan to commit fraud. Although fraudulent misrepresentation violates several laws as indicated below, there are several defenses you can raise, including lack of awareness that the statements you made were false and lack of intent to mislead.
– 18 U.S. Code Section 1341, which prohibits artifices or schemes to defraud by using false promises, representations or pretenses.
– Federal and state laws prohibiting embezzlement and theft. New York Article 155 addresses embezzlement with penalties determined by the sum of money allegedly pilfered.
– 18 U.S. Code Section 1348, which prohibits the use of fraudulent or false misrepresentations and pretenses in connection with an artifice or scheme to defraud related to commodities or securities trading.
– Sarbanes Oxley, which makes CFOs and CEOs criminally liable for certifying financial statements and documents that contain misrepresentations.
Contact a New York Misrepresentation Lawyer for Legal Assistance
If you find yourself facing charges of misrepresentation, a fraud misrepresentation attorney can help you understand your options and the best way to respond to these charges. Do not try to handle the case yourself; the stakes are too high, and a lengthy prison sentence hangs in the balance. Instead, contact a misrepresentation lawyer at Spodek Law Group, PC today for help in fighting the legal actions against you.

Discover the Dangerous World of Misrepresentation and Investment Fraud

Misrepresentation, a term that encompasses both words and actions that create a false or deceptive impression, can have severe consequences when it involves finances or investments. This type of deception often leads to accusations of investment fraud, a crime that can result in harsh penalties for the perpetrator. From false statements about a company’s financial situation to manipulating the value of securities, misrepresentation can come in various forms and impact countless industries.

Whether you have been accused of securities fraud or need assistance navigating the complex legal issues surrounding alleged false statements, Spodek Law Group, PC can provide the guidance and representation you need. With a team of experienced New York misrepresentation lawyers skilled at defending clients accused of a plethora of fraud offenses, we can help you overcome your legal challenges. Don’t hesitate to reach out for more information about our invaluable legal services.

Uncover the Different Types of Misrepresentations

Misrepresentation can happen in any industry or context, but the most common cases that result in accusations of investment fraud include the following:

1. Distorting the Truth about Financial Situations: Corporate executives and board members may deceive shareholders and the public by providing false information about a company’s financial condition, such as fabricated losses and profits.

2. Manipulating Potential Gains and Risks: This type of misrepresentation is prevalent in pyramid schemes but can also happen anytime someone falsely promises the outcome of an investment opportunity to lure unsuspecting investors.

3. Preparing Fraudulent Account Statements: Brokers and financial advisors may obscure excessive trading to earn commissions or misrepresent the value of their clients’ accounts in cases of embezzlement. Similarly, Ponzi schemes utilize misleading or fake account statements as a means to attract investors.

4. Making Deceptive Claims about Securities: Pump-and-dump schemes involve purchasing a large number of penny or microcap stocks, heavily marketing them using false information, and then selling the stocks for a substantial profit, leaving other investors scrambling.

Fraudulent or intentional misrepresentation often occurs when large sums of money are at stake, leading to severe penalties if a person is convicted of such a scam. Trust the knowledgeable attorneys at Raiser & Kenniff, PC to defend your case if you stand accused of misrepresentation fraud.

Fraudulent Misrepresentation: A Crime, or Not?

Not all misrepresentations are considered criminal offenses. To determine if you can be charged with a crime, you must establish whether the deception was knowing or intentional and part of a larger scheme to commit fraud. Fraudulent misrepresentation is a violation of several laws but can be defended by claiming lack of awareness that the statements made were false or lack of intent to mislead. Applicable laws include:

• 18 U.S. Code Section 1341, outlawing schemes to defraud using false representations or promises
• Federal and state laws prohibiting embezzlement and theft, with penalties determined by the amount of money allegedly stolen
• 18 U.S. Code Section 1348, banning fraudulent misrepresentations in connection with commodities or securities trading schemes
• Sarbanes Oxley, holding CFOs and CEOs criminally liable for the certification of financial documents containing misrepresentations

Secure the Legal Assistance You Need with a New York Misrepresentation Lawyer

If you face charges of misrepresentation, the potential consequences can be daunting, with lengthy prison sentences and hefty fines looming. In such a situation, you need the expertise of a fraud misrepresentation attorney to help you weigh your options and craft the best possible response to the charges against you. Don’t risk trying to handle the case alone; instead, reach out to the experienced misrepresentation lawyers at Spodek Law Group, PC today. Through their guidance and support, you can effectively fight the legal actions against you and safeguard your reputation, career, and future.