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What Are My Defense Options When Accused of Securities Fraud?

Posted on : November 16, 2018, By:  Leah H. Mayersohn, Esq.

Being accused of a violation of the Securities Exchange Act of 1934 is a serious situation. This is the first piece of federal legislation that was designed to regulate the transaction of securities and primarily focuses on a registration of statements associated with securities within publicly traded companies.

It can be very overwhelming to be accused of securities fraud, particularly since your reputation and your career may be on the line.

Various different types of securities and exchange fraud exist including insider trading, pump and dump, turning and outsider training.

Defense against securities fraud requires a comprehensive understanding of this aspect of the law. You need an experienced criminal defense attorney who understands how government investigations operate. You further need the support of a criminal defense attorney who is knowledgeable about crafting strong defenses regarding securities fraud charges. The prosecution typically must be able to show that the accused person recklessly or intentionally misinterpreted or omitted information and that as a result of this information, the investor relied upon it reasonably and this led to a financial loss.

However, one possible criminal defense strategy could be to show that the loss was not as a result of the information relied upon by the investor or if the defendant can show that he or she did not negligently or intentionally act. Having a knowledgeable attorney retained on your side sooner rather than later greatly increases your chances of being able to move on from a securities fraud allegation. You need to have evidence in your corner and the support of an attorney who is not scared to refute these charges and to do everything possible to protect your best interests when your future is on the line.