Raleigh Federal Securities Fraud Lawyer

Raleigh Federal Securities Fraud  Attorney

If you are facing charges for federal securities fraud in Raleigh or surrounding areas, you may feel overwhelmed and unsure about how to protect yourself. Fortunately, a dedicated Raleigh federal securities fraud lawyer from W. James Payne Law Firm is ready to leverage their in-depth knowledge and experience to champion your case. Together, we can fight to minimize your charges or even drop them through negotiations and litigation. Securities fraud cases are often complex and involve multiple government agencies. Understanding SEC investigations can help you see how these cases are handled.

At W. James Payne Law Firm, our compassionate federal defense attorney understands all that’s at stake in your criminal case – from your freedom to your reputation to your future. We have years of combined experience successfully representing folks in the Raleigh area who have been charged with federal securities fraud, helping them navigate the complex federal criminal defense process. We are eager to meet with you right away to start discussing your options. Many fraud cases also involve other federal charges, so it is important to understand what you might be facing. Examples of common federal crimes can give you a better idea of how these cases work.

What Is Federal Securities Fraud?

Federal securities fraud involves using deceptive financial practices that ultimately mislead investors or manipulate financial markets. 18 U.S.C. § 1348 governs this crime, making it illegal to commit fraud that is connected to investment markets, commodities, and securities.

Types of Federal Securities Fraud We Can Help You Defend Against in North Carolina

Our skilled and knowledgeable attorney represents corporate officers, brokers, financial advisors, business executives, and other folks in North Carolina who are facing common federal securities charges, such as:

• Insider trading. This involves the use of material, non-public information to get an unfair stock trading advantage.
• Market manipulation. Such crimes arise due to the spread of false information to artificially bring the price of stock up or down.
• Ponzi & pyramid schemes. These schemes include operations linked to fraudulent investments that run on new investor payments to compensate investors from earlier on.
• Investment advisor fraud. Financial advisors can be commonly implicated in such offenses, which involve the misrepresentation or failure to disclose crucial risks associated with investment.
• Misleading financial disclosures. Financial information reported that is considered to be false or misleading and misleads the markets can be interpreted as securities fraud.
• Accounting fraud. Accounting fraud misleads investors based on erroneous or falsified financial statements.

Despite the charges that you may be facing, an experienced Raleigh federal securities fraud lawyer can help you develop a robust defense strategy and safeguard your rights and interests.

Understanding the Penalties for Federal Securities Fraud

Penalties associated with federal securities fraud are steep, with individuals who are found guilty potentially facing decades in federal prison, up to millions of dollars in fines, and mandatory repayment to victims. Furthermore, all illegally obtained profits must be returned. Those convicted could lose their professional licenses, such as their ability to practice as a broker/dealer, and face significant, long-lasting blows to their reputation.

Those facing federal securities fraud charges can face not only criminal penalties but also civil penalties. Executives and companies could be dealing with SEC sanctions, industry bans, and class-action lawsuits – necessitating fast and effective legal action. If you or your company is under investigation, our Raleigh securities fraud lawyers can go over your case details with you and help you understand your legal options moving forward.

Agencies Involved in Federal Securities Fraud Cases

Investigations for federal securities fraud are carried out by the following agencies:

• The Securities and Exchange Commission (SEC). The SEC is responsible for carrying out civil investigations and enforcing legislation associated with securities.
• The Department of Justice (DOJ). The DOJ is in charge of prosecuting individuals for securities fraud in criminal cases.
• The Federal Bureau of Investigation (FBI). The FBI investigates an array of federal financial crimes, such as securities fraud.
• The Financial Industry Regulatory Authority (FINRA). FINRA regulates investment and broker firms.

In many cases, investigations start out with the SEC. If enough evidence is brought up, they may issue a criminal referral to the DOJ. The FBI may be monitoring any financial activities that they consider to be suspicious, working to gather evidence to build up a case against the defendant.

How Securities Fraud Cases Are Investigated & Prosecuted in North Carolina

In a typical securities fraud investigation, the SEC goes over important financial documentation and gathers other crucial evidence. If, based on the evidence collected, they decide there may be a criminal case, a grand jury will be summoned to review everything and determine whether an indictment should be issued. After the grand jury indictment, the DOJ files criminal charges for securities fraud.

If the defendant is ultimately convicted, they could be dealing with imprisonment, fines, and mandatory forfeiture of assets. Securities fraud cases can be overwhelming due to the potential for simultaneous civil and criminal actions. This means defendants could be dealing with both DOJ prosecutions and SEC lawsuits at the same time.

Don’t wait for formal charges if you are under investigation – it is crucial to act right away. A detail-oriented attorney from our Raleigh law firm can help you navigate the situation and prevent investigators or law enforcement from overstepping their bounds.

We Can Help You Successfully Defend Against Your Securities Fraud Charges

Our loyal and fierce litigators have a proven track record of successfully challenging allegations brought forward by the SEC and DOJ. After carefully assessing your case, we can help you engineer an optimal criminal defense strategy, leveraging the following common defenses, among others:

• Lack of jurisdiction. Depending on the case, the federal government may not have adequate jurisdiction to bring forward charges.
• Lack of intent. An intent to defraud must be proven by the prosecution. This means that if no willful deception was evident, a prosecution may not have sufficient legal backing.
• False allegations. Circumstantial evidence, miscommunication, or misunderstanding can inadvertently lead to accusations of insider trading or market manipulation.
• Statute of limitations. Charges for securities fraud need to be brought forward before a certain deadline, which, if passed, could deem the case invalid.
• Materiality defense. If allegations are not severe enough to influence markets or investors, this could lead to a case dismissal.

If necessary for your case, a dedicated Raleigh federal securities fraud lawyer from W. James Payne Law Firm can help you negotiate fiercely with federal prosecutors, working to settle with the SEC or get your charges reduced. Furthermore, we can leverage crucial tactics like challenging witness testimony and suppressing illegally obtained evidence. Don’t wait until it’s too late – we can help you start fighting back now.

FAQs

What Is Federal Securities Fraud?

Federal securities fraud is linked to deceptive practices that involve bonds, stocks, or other types of investments. Examples of federal securities fraud include erroneous financial reporting, manipulation of markets, Ponzi schemes, and insider trading. Federal laws such as the Securities Exchange Act of 1934 govern such offenses, with agencies like the DOJ (Department of Justice) and the SEC (Securities and Exchange Commission) being in charge of enforcement.

What Are the Penalties for Securities Fraud?

Penalties for securities fraud crimes are dependent on various factors, including the severity and nature of the offense, whether the defendant has a criminal record, and the specific details associated with the case. Individuals convicted could be facing up to decades in federal prison, millions of dollars in fines, returning of all illegally obtained profits, and mandatory repayment of licenses.
Offenders can also lose their professional licenses and suffer from reputational damages.

How Does the SEC Investigate Securities Fraud?

The SEC investigates securities fraud by leveraging a myriad of tactics, including going over trading patterns and financial reports and interviewing whistleblowers and other witnesses. They may also issue subpoenas to collect evidence such as financial transactions, phone records, and email correspondence. In particularly complex or far-reaching criminal cases, they may work in collaboration with other agencies like the DOJ, IRS, and FBI.

What Is Insider Trading, and Is It Illegal in North Carolina?

Insider trading is a crime that happens through buying or selling stocks, bonds, or other types of securities through the use of material, non-public information. Insider trading can be legal in North Carolina and across the country in some cases, such as if executives sell their shares based on adequately disclosed information. Generally, however, it is illegal if an individual leverages confidential corporate information unfairly to their own knowledge.

What Are Some Examples of Federal Securities Fraud in North Carolina?

Examples of federal securities fraud that are commonly seen in North Carolina include insider trading, Ponzi schemes, pyramid schemes, stock manipulation, accounting fraud, and broker misconduct. As North Carolina’s economy is largely made up of the financial, banking, biotechnology, manufacturing, and healthcare sectors, individuals working in these areas may commonly be susceptible to making errors that could lead to federal charges.

Defend Your Rights and Interests With a Raleigh Federal Securities Fraud Lawyer

If you are going up against federal charges for federal securities fraud, you do not have to face the situation alone. Our dedicated Raleigh federal securities fraud lawyer is here to help you defend against your charges, from challenging the accuracy of the prosecution’s evidence to bringing to light any breaches of your Fourth Amendment rights. Together, we can take concrete steps to safeguard your rights and freedoms. Contact us today to get started discussing your case.