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Securities Fraud and SEC Defense Lawyer

March 21, 2024 Uncategorized

Understanding the SEC’s Enforcement Division and White Collar Crime

The Securities and Exchange Commission (SEC)

The SEC has a law enforcement division that pursues charges against perpetrators of white collar crime. These may include investment advisors, company executives, companies at large, investors, and other entities. People who are contacted by the Enforcement Division should talk to an experienced defense lawyer right away.

The Securities and Exchange Commission is in charge of regulating the US securities market. But it is also equipped to investigate and prosecute those who break the law. The Enforcement Division may bring charges against people and companies for many different crimes. People may be charged in civil, criminal, and administrative proceedings.

Defending Against the SEC

Whether the investigation is of a criminal or civil nature, it’s vital that you defend yourself against the SEC. The SEC has the authority to enforce many different statutes, and the penalties for violations can be serious. They may include not just hefty fines, but also long prison sentences. It’s common for the SEC to provide litigation releases that publicly announce the criminal sentences, securities litigation, and civil charges being brought against certain companies and investors.

SEC’s Annual Report

The SEC Enforcement Division publishes a report every year that details the agency’s work. When publishing the 2019 report, the SEC stated that it will continue doing work to enforce penalties regarding securities fraud violations. The investigators say that they will focus on the investors, individual accountability, and the advancement of technology. They will use remedies to further the agency’s goals and continually assess how their resources are allocated.

SEC Fraud Defense

The SEC works hard to target companies and individuals who are suspected of harming single investors through their fraudulent actions. But there are many different ways to commit fraud. Since the SEC focuses on broadening their technology and assessing their resources, they have a fairly comprehensive map of the way that fraud changes each year.

Major Areas of Investigation

  • Cryptocurrency Fraud: Cryptocurrency is digital currency that doesn’t exist in any one country’s system. It’s one of the fastest growing industries in the world, and it’s also one of the most popular targets of fraud.
  • CBD and Cannabis Investment Fraud: Companies that commit cannabis-related fraud are often found to be guilty of money laundering and charges related to criminal activity.
  • Mobile Investing and Trading Apps: There are many mobile investing and trading apps that have been closely monitored by the SEC.
  • Social Media Solicitations: Fraud investigations often begin through email and mail solicitations. But in recent years, social media solicitations have also become a big deal.
  • Biomedical and High-Technology Investment Scams: Many companies are offering potentially fraudulent investment opportunities with experimental technology.

Common Actions Leading to SEC Fraud Investigation

  • Misrepresenting or omitting important information when pitching to investors
  • Manipulating the price of certain securities on the market
  • Stealing the funds or securities of customers and investors
  • Engaging in insider trading
  • Partaking in the sale of non-registered securities

Key Points of SEC's Enforcement Division and White Collar Crime

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

Associate

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RAJESH BARUA

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CHAD LEWIN

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