NYC Securities Fraud Lawyer

Securities Fraud Attorney In NYC

A securities fraud charge in New York City can lead to serious repercussions, including incarceration and substantial financial penalties. When you have been accused of insider trading or other financial crimes, you need an experienced NYC securities fraud lawyer who knows the intricacies of both financial regulations and the legal system.

The Law Office of Jonathan Savella delivers forceful legal defense strategies for clients accused of white-collar offenses, including securities fraud. From the instant an investigation starts, we immediately work to defend your rights and reputation while safeguarding your future. Our attorney uses his extensive experience and federal courtroom knowledge to provide the focused attention and strong advocacy necessary for complex legal situations.

What Is Securities Fraud?

Securities fraud refers to dishonest methods used during the process of trading stocks, bonds, and other investment vehicles. When dealing with criminal cases, the act tends to involve deliberate dissemination of false information, insider trading, and market manipulation to defraud investors.

Prosecutors often rely on federal laws, such as the Securities Exchange Act of 1934 and Rule 10b-5, to bring charges against securities fraud offenses. These charges can also be brought under New York state legislation. The potential serious consequences of a conviction highlight the necessity for a defense attorney, especially one with knowledge of both the legal procedures and financial aspects of complex securities fraud cases.

The Securities and Exchange Commission filed 583 enforcement actions in FY 2024, and it obtained financial remedy orders worth $8.2 billion, reaching an all-time high for the organization.

Common Types of Securities Fraud Charges in New York

New York City is a global financial hub, home to Wall Street, major investment firms, and countless financial professionals. The substantial market activity and intricate investment products in this area lead to a higher frequency of securities fraud cases compared to other cities. Greater financial stakes and stricter regulatory oversight mean that even tiny mistakes receive intense examination. Common types of securities fraud allegations seen in New York include:

• Insider trading exploits confidential information, which is not available to the public, to obtain an unfair advantage in the stock market.
• Through misrepresentation or omission, individuals can provide false information or fail to communicate critical details that affect investment choices.
• Ponzi and pyramid schemes use new investors’ money to pay returns to earlier investors instead of generating legitimate profits.
• Market manipulation involves deliberately raising or lowering stock prices to deceive investors through tactics like “pump-and-dump” operations.
• Unauthorized trading is executing unauthorized trades without obtaining client approval or permission.
• Churning involves performing unnecessary trades to earn commissions instead of serving the client’s financial interests.

Federal vs. State Prosecution of Securities Fraud

State and federal authorities both have the power to bring charges in securities fraud cases. Large-scale fraud cases, interstate transactions, and federal securities law violations fall under the Department of Justice’s (DOJ) and Securities and Exchange Commission’s (SEC) jurisdiction within the federal government.

The Martin Act grants New York State prosecutors extensive power to initiate legal actions against financial crimes. Various jurisdictions maintain distinct protocols and standards for proof while imposing differing penalties. Knowing the location and process of your case is essential. The Law Office of Jonathan Savella defends clients across both state and federal courtrooms in New York City.

How a Criminal Defense Lawyer Can Help

To adequately handle securities fraud charges, one needs extensive knowledge of financial regulations, combined with a strategic criminal defense approach. A seasoned NYC criminal defense attorney takes proactive measures before formal charges are filed. They can protect your rights throughout investigations and grand jury proceedings.

The defense generally reviews the prosecutor’s case materials to find flaws. They can work toward plea negotiations when suitable or develop trial strategies if needed. Your attorney can also collaborate with forensic accountants and industry professionals when handling cases that involve complex financial documents or regulatory problems.

The Law Office of Jonathan Savella can provide precise and assertive legal representation for your particular charges. We can guide you through every step of the process with clear precision.

FAQs

Q: What Should I Do If I’m Contacted by the SEC or FBI About Securities Fraud?

A: You should avoid speaking to the SEC or FBI about a securities fraud investigation unless your attorney is present with you. You should refuse to respond to questions and seek legal advice from a criminal defense lawyer without delay.

What you say during an investigation may become evidence against you, regardless of your innocence or perceived status as a non-target. Getting legal advice early in an investigation can help you avoid severe mistakes and safeguard your rights.

Q: Can I Be Charged, Even If I Didn’t Personally Profit From the Fraud?

A: Yes. Securities fraud charges don’t always require that you personally gain financially. You can face criminal charges if prosecutors establish your involvement in deceiving investors, hiding information, or allowing illegal trades, regardless of whether you obtained any direct benefit. A defense attorney who can challenge government claims while presenting your story is essential because intent and knowledge determine your case’s outcome.

Q: Are Securities Fraud Cases Always Tried in Federal Court?

A: No. Federal prosecutors handle numerous securities fraud cases, particularly when large sums or interstate activity are involved. However, New York State operates under its own securities legislation, known as the Martin Act. State prosecutors have the power to initiate legal charges separate from federal agencies.

The decision to move forward with your case in either state or federal court depends on the specific facts, the relevant agencies, and the seriousness of the allegations.

Q: Can I Go to Prison for Securities Fraud in New York?

A: Securities fraud is a felony that may lead to imprisonment upon conviction. Court sentences take into account variables such as:

• The monetary value of the fraud
• Whether it was part of a broader fraudulent operation
• The defendant’s previous criminal record

Sentences under New York State law can still result in significant prison time, even though federal cases usually impose stricter punishments.

Contact an NYC Securities Fraud Lawyer

Securities fraud charges in New York City require you to have a defense team that is both seasoned and highly skilled. The Law Office of Jonathan Savella delivers strategic and individualized legal support for complex financial crime cases. Protect your future by contacting our firm today to discuss your options.