Georgia SEC Defense Lawyers

Georgia SEC Defense Lawyers

When companies or individuals in Georgia find themselves under investigation by the Securities and Exchange Commission (SEC), they often seek experienced legal counsel to guide them through the process. SEC investigations can be complex and stressful, with serious potential consequences like financial penalties or even criminal charges. Hiring an attorney who specializes in SEC defense work can help maximize the chances of a favorable outcome.

There are a number of skilled SEC defense attorneys practicing in Georgia who regularly represent clients before the SEC. This article provides an overview of SEC defense work in Georgia, typical investigations, the role of defense lawyers, and how to choose the right counsel for your needs.

What is the SEC and What Does it Investigate in Georgia?

The SEC is an independent federal agency responsible for enforcing securities laws, proposing securities rules, and regulating the securities industry. The SEC aims to protect investors, maintain fair and orderly functioning of securities markets, and facilitate capital formation [1].

Some of the most common issues the SEC investigates in Georgia include[4]:

• Insider trading
• Accounting fraud
• Misleading or false public statements
• Ponzi schemes and other investment fraud
• Regulatory violations by investment advisors
• Corporate disclosure violations

The SEC has broad authority to investigate by issuing subpoenas, collecting evidence, interviewing witnesses, and more. Georgia corporations, brokerage firms, investment advisors, and other market participants must comply with SEC requests or face charges of obstruction.

Typical Stages of an SEC Investigation in Georgia

SEC investigations tend to follow several standard phases[4]:

1. Informal inquiry – The SEC sends a voluntary request for information or documents. At this stage, the individuals or companies are not yet official targets.
2. Formal investigation – The SEC issues subpoenas to obtain testimony and records. Now the parties are considered official targets.
3. Wells notice – Parties are notified the SEC plans to bring charges and can argue why it shouldn’t.
4. Settlement or litigation – The SEC and defense lawyers negotiate a settlement or the case goes to federal court if no deal is reached.

Having an experienced SEC defense attorney during the early stages of an investigation can often help convince the SEC to close the case without charges. The later in the process, the harder it becomes to avoid penalties and sanctions.

The Role of an SEC Defense Attorney in Georgia

When facing an SEC investigation in Georgia, key ways a knowledgeable SEC defense lawyer can help include:

• Analyzing the case and potential defenses
• Negotiating with SEC investigators
• Preparing responses to subpoenas and requests
• Gathering evidence and documents
• Interviewing witnesses
• Avoiding mistakes during testimony
• Crafting Wells submissions to avoid charges
• Negotiating favorable settlements
• Going to court if necessary

Experienced SEC defense attorneys understand SEC rules and procedures and have relationships with SEC staff. They can navigate the complexities of these cases to build the strongest arguments on behalf of their clients.

Choosing the Right SEC Defense Attorney in Georgia

Not all defense lawyers have the same skills and track record when it comes to SEC cases. When selecting an SEC defense attorney in Georgia, important factors to consider include[5]:

• Experience handling SEC investigations and enforcement actions
• Knowledge of Georgia and SEC rules, regulations, and procedures
• Settlement negotiation skills and litigation experience
• Industry expertise related to your case
• Resources to handle complex cases and extensive discovery
• Success record achieving positive outcomes for clients

Don’t wait until you get a subpoena or Wells notice from the SEC to consult with a defense lawyer. Engaging experienced counsel at the first sign of an SEC investigation can make a major difference in the outcome. Be sure to vet attorneys thoroughly and find someone who instills confidence they can effectively protect your interests.

Prominent SEC Defense Attorneys in Georgia

Some of the most prominent SEC defense lawyers in Georgia include:

• • Stanley Kreimer, Jr. – Founding partner of Kreimer & Peters with over 25 years of securities litigation experience. Regularly represents public companies, broker-dealers, investment advisors, and officers & directors before the SEC .
  • William Sullivan – Partner at Polsinelli PC and former SEC enforcement attorney. Vast experience conducting internal investigations and representing clients in SEC enforcement actions .
  • Keith Blackwell – Securities litigation and enforcement partner at Troutman Pepper. Represents financial services firms and public companies in regulatory examinations, investigations, and enforcement actions [1]. He advises clients on responding to regulatory inquiries and investigations from agencies like the SEC, CFTC, FINRA, and state regulators. His experience includes handling matters related to financial and accounting fraud, insider trading, market manipulation, and disclosure issues.
  • Anthony Kaye – Counsel at Troutman Pepper who represents financial institutions facing government investigations and regulatory enforcement actions [5]. He has extensive experience advising clients on consumer protection issues and defending companies against allegations of unlawful or deceptive practices. Kaye also handles compliance matters related to consumer lending, debt collection, and mortgage servicing.
  • Mary Jo White – Senior chair at Debevoise & Plimpton and former SEC chair. She represents clients in SEC and other government enforcement actions, internal investigations, and corporate governance matters. White is renowned for her securities enforcement and regulatory expertise [2].

It takes an experienced SEC defense lawyer to navigate these complex cases and achieve the best possible outcome for clients facing SEC scrutiny. Be sure to thoroughly research an attorney’s background and seek referrals from trusted business contacts.

SEC Defense Strategies

There are various defense strategies skilled SEC lawyers may employ depending on the circumstances of each case, such as[7]:

• • • Attacking flaws in the SEC’s legal theory or investigation
    • Arguing the individual or company acted in good faith
    • Demonstrating no harm resulted from the alleged misconduct
    • Presenting evidence of compliance programs or preventative measures
    • Negotiating a favorable settlement agreement

An experienced SEC defense lawyer will thoroughly analyze the facts of the case, applicable laws and precedents, liability issues, and possible penalties to craft a defense strategy that gives the client the best chance of a positive resolution.

SEC Penalties

Some potential penalties in SEC enforcement actions include[6]:

• • • Fines based on ill-gotten gains or losses avoided
    • Disgorgement of improper profits
    • Censures and cease-and-desist orders
    • License suspensions or bars
    • Officer and director bars
    • Trading suspensions

Criminal prosecution by the Department of Justice is also possible for egregious cases. Skilled SEC defense lawyers will fight to avoid or minimize any penalties imposed on clients.