White Collar Criminal Defense Attorneys Serving New York & New Jersey
The laws proscribing securities fraud are vaguely worded and thus can be interpreted to apply to a wide variety of market activity. Typically, these statutes are used to prosecute persons suspected of insider trading or some form of market manipulation. Also referred to as investment fraud, these white-collar crimes can fall under state and/or federal jurisdiction and are investigated by the Securities and Exchange Commission (SEC), the National Association of Securities Dealers (NASD), and equivalent state agencies.
If you are under investigation for or have been charged with a securities offense or investment fraud in New York or New Jersey, it is critical that you retain legal representation as soon as possible. Federal authorities, at times with apparent abandon, are reading criminal intent into given market activities when in fact there was none. A skilled securities fraud lawyer can help fight the allegations made against you.
At Arseneault & Fassett, LLC, our New Jersey securities fraud attorneys have over 100 years of combined experience. We are a specialized boutique law firm, and when you choose to have us defend your case, you will benefit from our personalized and strategic approach. Fraud offensesin New York and New Jersey involving stocks and commodities can often stem from false accusations or mistakes of basic facts. We will thoroughly examine your circumstances to uncover the truth, rebut the allegations against you, and build a strong defense.
The gravamen of securities fraud is an unfair information gap between parties transacting in securities, be it a corporate insider trading (with an outsider) on material, nonpublic information, or the injection of false information into the marketplace to profitably trade on the temporary price distortions such information will cause.
Some common types of securities fraud include:
- Manipulating stock prices
- Lying on SEC filings
- Committing accounting fraud
Many types of financial instruments can be considered securities, and securities fraud allegations can encompass many different types of conduct.
Serious securities fraud examples include:
- Insider trading: Using material, non-public information about a company to affect buying or selling decisions.
- False statements on SEC filings: Making false or intentional misleading disclosures about securities to the SEC injects false information into the market.
- Market manipulation: Any intentional interference with the market which creates artificial, false or a misleading appearance in the market E.G. churning, wash trades, spoofing, paint the tape, ramping.
- Ponzi schemes: Paying earlier investors with funds provided by later investors.
- Pyramid schemes: Recruiting members for an organization and funneling membership fees to earlier investors to profit.
- Broker embezzlement: Misappropriating funds from brokerage accounts.
- Late-day trading: Engaging in trades after hours but recording the transactions based on the prior day's net asset value.
The processes involved in buying or selling stocks and commodities are intricate and closely scrutinized Even an innocent mistake on your part can trigger an investigation which could lead to an allegation of securities fraud. If you have been investigated or accused, exercise your rights to remain silent and have an attorney represent you.
Then, reach out to Arseneault & Fassett, LLC. We are here to listen to your side of the facts and build a compelling defense on your behalf. We firmly believe in the presumption of innocence, and when we take on a case, we don't pass judgment. We leverage all our knowledge, skills, and resources to work toward a favorable result in the case.
Because securities fraud schemes are many and, depending on the circumstances, can be prosecuted at the state or federal level, the conviction penalties vary. Unfortunately, if you are found guilty of the offense, you could be sentenced to years in prison and may be ordered to pay a steep fine. For instance, the punishments under 18 U.S.C. § 1348, which makes it illegal for a person to carry out a commodities scheme to defraud someone, include a fine and up to 25 years of imprisonment.
A securities fraud conviction can have other severe consequences for your life. It can ruin your reputation, result in a criminal record, cause you to lose your professional license, bar you from the market, and make it near impossible for you to find a career in a field you enjoy.
When you are facing substantial penalties and life-altering consequences, you need to aggressively fight your charges. You can do that with the help of our New Jersey securities fraud lawyers. At Arseneault & Fassett, LLC, we will be focused on your best interests as we skillfully guide you through the judicial process.
Reach out to us today by calling (973) 310-6664 or submitting an online contact form.
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