NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 2nd October 2023, 05:52 pm
Fort Worth SEC Defense Lawyers – Your Trusted Legal Team
Dealing with an SEC investigation can be incredibly stressful. The SEC has significant resources and powers – so you need an experienced legal team on your side. The Fort Worth SEC defense lawyers at our firm have the skills and knowledge to protect your rights during this difficult process. We know how to navigate complex securities cases and achieve the best possible outcome for our clients. This article provides an overview of our services, key legal issues, and how we can help if you’re facing an SEC inquiry.
Who We Are
Our firm is comprised of seasoned trial attorneys with decades of experience specifically handling federal securities cases. We’re based right here in Fort Worth, so we have in-depth knowledge of how the local SEC office operates. Our lawyers have represented individuals and companies in a wide range of SEC matters, including:
- Insider trading investigations
- Accounting fraud inquiries
- Disclosure violations
- Broker-dealer compliance issues
- Whistleblower cases
We’re known for our aggressive advocacy and stellar track record. In many cases, we’ve been able to resolve SEC probes without any charges being filed. For cases that do go to trial, we have the litigation skills to mount a vigorous defense. Put simply – we know how to handle these complex cases in a strategic, effective way.
Responding to an SEC Investigation
If you receive a subpoena or inquiry letter from the SEC, it’s essential to engage experienced counsel immediately. Here are some key steps we recommend:
- Don’t talk to SEC investigators without your lawyer present. Anything you say can be used against you.
- Assert your Fifth Amendment right against self-incrimination. Be aware of the limits of this right.
- Negotiate the scope of document requests. Try to narrow what you have to produce.
- Consider asserting attorney-client privilege and work product protections where appropriate.
- Get out in front of the inquiry. Present your side of the story early on.
With skilled counsel, you may be able to resolve the investigation before it escalates. If the SEC does file charges, the evidence gathered during the inquiry will be critical.
Overview of Key Securities Laws
Here are some of the main federal securities laws enforced by the SEC that come up in Fort Worth investigations and litigation:
Securities Act of 1933
This law regulates the initial issuance of securities. It requires full and fair disclosure of financial information in registration statements and prospectuses. Violations may involve false or misleading statements. Learn more.
Securities Exchange Act of 1934
This law oversees the secondary trading of securities and regulates markets/exchanges. It requires periodic reporting by publicly traded companies and prohibits market manipulation. Insider trading cases often fall under this act. Learn more.
Investment Advisers Act of 1940
This law regulates investment advisers. It requires they register with the SEC and conform to regulations regarding disclosure, advertising, fees, conflicts of interest, recordkeeping, and more. Learn more.
Investment Company Act of 1940
This law regulates the organization and activities of investment companies, like mutual funds. It requires registration and regulates structure, operations, transactions, capital structures, and more. Learn more.
Sarbanes-Oxley Act of 2002
This law imposed major reforms on public companies and accounting firms after corporate scandals like Enron. It increased financial disclosures, auditor independence, and penalties for fraud. Learn more.
Common SEC Violations We Defend
Some of the specific issues we routinely handle in SEC cases include:
- Insider Trading – Cases involving trading on material nonpublic information in breach of a duty.
- Accounting Fraud – Cases involving overstating assets, revenues, earnings per share, etc.
- Misrepresentations – False or misleading statements in SEC filings, press releases, etc.
- Registration Violations – Failures to register securities or file required disclosure documents.
- Broker-Dealer Violations – Cases involving inadequate supervision, books and records violations, etc.
- Whistleblower Retaliation – Punishing employees for reporting possible violations.
These are complex areas of securities law. Having an experienced SEC defense lawyer is crucial for responding to allegations and building an effective defense.
SEC Enforcement Process & Possible Sanctions
If the SEC believes violations occurred after an investigation, here is the typical enforcement process:
- Wells Notice – Notification that SEC staff intends to recommend charges.
- Settlement Negotiations – Discussions to potentially settle the case.
- SEC Action – A civil complaint filed in federal court or administratively.
- Litigation – The trial process if no settlement is reached.
Some potential penalties imposed in SEC enforcement actions include:
- Disgorgement of ill-gotten gains
- Civil monetary penalties
- Bars from serving as corporate officers or directors
- Revocation of broker-dealer registration
- Bans from the securities industry
The stakes are high, so skilled legal counsel is a must when facing SEC charges.
Why Choose Our Fort Worth SEC Defense Firm?
If you’re dealing with an SEC investigation, we have the experience, skills, and track record to protect your interests. Here’s why clients choose our firm:
- Decades of experience specifically handling SEC cases
- In-depth knowledge of SEC’s local Fort Worth office and personnel
- Proven results getting cases dismissed pre-litigation
- Aggressive litigation skills if charges are filed
- Creative defense strategies drawing on our deep expertise
- We level the playing field against the SEC’s vast resources
- We know how to negotiate favorable settlements when in our client’s best interest
Put our seasoned SEC defense team on your side. Contact our Fort Worth office today to schedule a free case evaluation. We’re here to help.