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What is involved with Securities Crimes

March 21, 2024

A serious white-collar crime that can be committed in many different ways is securities fraud. It often involves the intentional misrepresentation of information to potential investors to influence their investing decisions. Those who commit securities fraud could be an individual or organization. Securities fraud has been committed by investment banks, brokerage firms, corporation as well as stockbrokers and individuals.

False Information
There are many methods used to misrepresent information to investors. Guarantees of high return rates, as well as stating there is almost no risk involved. This is often claimed with high-yield investment fraud. The investment vehicles could be everything from real estate to commodities, securities and more. There is also fraud involving a subtle strategy. The fraudster convinces an investor to give them a certain percentage of the investment as an advance. They will tell the investor doing this will result in them getting a higher return.

Ponzi And Pyramid Schemes
There are fraud schemes that involve requesting money to cover taxes and processing fees so the investor can get funds waiting to be disbursed to them quicker. Pyramid and Ponzi schemes usually utilize funds obtained by new investors to pay the promised returns to previous investors involved in the arrangement. A Pyramid or Ponzi scheme requires those committing the fraud to constantly obtain more and more investment victims to maintain the fraud for as long as possible.

Pump And Dump
This is a type of fraud that occurs when a third party provides false information about a certain company, industry or a stock’s performance. These are known as Pump and Dump schemes. They are a common type of misrepresentation by a third party. In this scheme, a fraudster will choose a small company that is unknown and has a cheap stock. They will then purchase significant amounts of the shares. The fraudster then provides false information about the company to other potential investors. This is done to promote purchasing the stock. This will increase the price of the stock. When the stock reaches a certain level, the fraudster then sells their shares for a large profit.

Investigating Securities Fraud
According to the Federal Bureau of Investigation (FBI), securities fraud often involves an investor experiencing some high-pressure sales tactics. The fraudster could also demand personal information like social security numbers, credit card information and more.
Securities Fraud Investigations
The investigation of securities fraud allegations is done by the National Association of Securities Dealers (NASD) as well as the Securities and Exchange Commission (SEC). Being found guilty can involve both civil and criminal penalties. Punishment for being found guilty of securities fraud could involve paying fines being incarcerated and more. Investigations could involve stock price manipulation, committing fraud with accounting, providing false information on SEC filings and more.

Combating Securities Fraud
State, as well as federal governments, do everything possible to eliminate securities fraud. It is recommended an investor take certain steps to protect against it. There are certain warning signs that are cause for concern.

*Offer seems too good to be true
*Seller asks an investor for personal information over the internet or during an initial phone conversation.
*Seller is too persistent and may become abusive.
*The investment is unsolicited.
*After checking with state and federal agencies many complaints are discovered to have been filed against the seller.
*Seller does not want to put their offer in writing.
*Seller does not want to provide an annual report or a prospectus.

Legal Defenses
In many situations, a false charge of securities fraud has been made against a person or organization. An experienced attorney will understand how the investigations of the government are conducted for securities fraud. This is essential for developing a strong defense against a false charge. A prosecutor will be responsible for proving those accused of securities fraud intentionally omitted information or were reckless and this resulted in a victim’s financial loss. A legal defense could involve showing the financial loss was not the result of information provided to the investor from a defendant. It is also possible the defendant to demonstrate they did not act negligently or intentionally provide false information. Once this is established, a defendant could have charges reduced or dropped.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Should an organization or individual be charged with a securities crime, it is essential they immediately discuss their situation with an attorney. These cases are often very complicated. It is possible they involve a number of state and federal agencies. An experienced attorney will devote the necessary resources to protecting the rights of the accused. They will know how to provide the best possible defense for their client.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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