Many times a criminal defense attorney can raise certain issues which may help him prevent a securities fraud prosecution before it gets to be indicted by the United States Attorney's Office
In a case I handled in the Northern District of California SEC v The Children's Internet and Peter Perez I was able to convince the United States Attorney's office in the Northern District of California not to indict Mr. Perez based on his cooperation prior to the filing of the Indictment.
By bringing in the defendant in that case to talk to the Government pursuant to a grant of use immunity I was able to convince the federal prosecutors that Mr. Perez's role in that alleged scheme involving illegal commission payments made to an unlicensed individual should not be brought against him.
Proactive defense therefor can result in the avoidance of charges before they are brought and this case illustrates just such a situation.
Securities Fraud is a federal crime that’s purpose is to convince those who invest in stocks or other types of securities to make decisions on sales and purchases based on falsely disseminated data.
In most cases, this practice results in its victims sustaining losses while the perpetrator is enriched based on the circulated information in violation of securities laws and regulations.
It is often referred to as investment fraud and/or stock fraud.
Charges can also be lodged for insider trading, front running as well as misstatements of financial reports of a company which is traded publicly over any stock exchange.
The term also incorporates other actions, including the dissemination of false information via emails and the Internet as well as other electronic means. It may also include other unlawful actions on the trading floor of a stock exchange or an exchange that trades in commodities.
In a case of National prominence regarding the largest crime of its type perpetrated in the history of our country, many former assistants to Ponzi scheme swindler Bernie Madoff were convicted of securities fraud as well as conspiracy to defraud their clientele.
A conviction for this crime can result in penalties of up to twenty years in prison as well as stiff fines, and restitution for losses sustained. Additionally, the National Association of Securities Dealers (NASD) and the Securities and Exchange Commission (SEC) has the capacity to inflict separate monetary penalties in civil actions against individuals or businesses that have been convicted of this crime.
If the situation arises where you, a friend or loved one is charged with these allegations, or are already under indictment, call me at 954.928.0059 and make an appointment to come into my office, centrally located in Fort Lauderdale, Florida right off the Interstate 95 exit of Cypress Creek Road.
My extensive experience within the federal system will become a major benefit assisting you with the best possible defense and assuring the best possible outcome.
Call the Law Office of Criminal Defense Attorney Michael B. Cohen at 954.928.0059. My assistance can help ease your mind and lay out all possibilities and answers in regard to any of your legal issues.
Below you'll find recent articles that specifically relate to this area of the law: