24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Defending Against Allegations of Philadelphia Securities Fraud

March 21, 2024 Uncategorized

Defending Against Allegations of Philadelphia Securities Fraud

Being accused of securities fraud is no joke, and can lead to serious legal consequences if not properly defended. As a Philadelphia securities lawyer, I’ve seen many clients face these allegations and understand how stressful it can be. The good news is there are strategies we can use to protect your rights and beat the charges.

Let’s break down the basics of securities fraud so you understand what you’re up against. The main laws are Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. These make it illegal to use manipulative or deceptive devices to defraud investors. Common allegations include:

  • Insider trading – using non-public info to trade stocks
  • Accounting fraud – cooking the books, earnings manipulation
  • Misrepresentations – lying about company performance

The SEC loves to go after high profile cases that get attention. But their burden of proof is still “preponderance of evidence” – meaning it’s about 51% likely you did it. There are plenty of ways we can poke holes to create reasonable doubt.

Here are some of the most effective strategies I use to defend Philadelphia clients:

Fight the SEC’s Jurisdiction

Many fraud charges stem from trading on national exchanges like NASDAQ or NYSE. But the SEC has limited reach on purely intrastate activities. If the securities never crossed state lines, we can challenge whether they have authority in the first place. I’ve used this to successfully dismiss several cases.

No Proof of “Scienter”

A key element of securities fraud is scienter – intent to defraud. Reckless disregard for the truth also works. But simple negligence isn’t enough. I look closely for proof you actually knew statements were wrong or misleading when made. Sloppiness isn’t fraud.

Statute of Limitations Defense

The SEC must file charges within 5 years of the alleged violation. If they blow this deadline, we can move to dismiss based on the statute of limitations. I’ve won many cases because the SEC dragged its feet too long.

Lack of Reliance

Investors must show they actually relied on the misinformation. If we can prove they didn’t read or hear the false statements, their case crumbles. I dig deep into the evidence to show a lack of reliance.

No Damages Caused

Loss causation is another key element. The lies must directly cause investment losses. If the losses were instead caused by market forces, we can fight causation. I work with finance experts to show no direct damages.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now