Federal Securities Fraud
Securities fraud is a subject that has received a lot of attention in the past few decades. It can be prosecuted as a state or federal crime and individuals also can pursue civil remedies against those accused of this crime. The federal prosecutors are especially eager to take on these cases because of the high-profile nature of the crime, even if a serious injustice is being done against one or more of the accused.
What is Securities Fraud?
There are many different types of actions that are lumped into the category of securities fraud, otherwise referred to as investment fraud. At its essence, it involves activities that are intended to entice individuals into making the decision to purchase or sell a financial product based upon false or misleading statements or some other scheme or artifice. Some of the common types of activities deemed fraudulent include:
- Insider trading – where the person effectuating the purchase or sale has information that is not available to the public;
- Purchasing or selling securities that are not registered, as they are required to be;
- Submitting false or misleading statements, or failing to disclose important information, when filing documents with the Securities and Exchange Commission (SEC); and
- Communicating with individuals or businesses in other states where the communication contains false statements, important omissions, or the use of some other device or scheme intended to defraud or mislead.
Why a Person Accused of Securities Fraud Needs Greco Neyland, PC
The criminal defense firm of Greco Neyland, PC was formed with the intention of providing aggressive defense to those accused of a criminal act. Each of the two founding partners worked as a prosecutor in order to understand how a criminal case is put together. This provided critical information about how to attack the various aspects of a case. In addition, this showed Jeff Greco and Dustan Neyland the underhanded tactics that prosecutors would use to go after a person, including having investigators who trample over a person’s constitutional rights. At Greco Neyland, PC, we are focused on getting the right results for our clients, which means that we never are going to recommend a plea deal that is not in our client’s best interest. Further, we always are ready to go to trial, which removes one of the prosecutor’s biggest threats – forcing a trial. Regardless of the accusations of securities fraud against our clients, we are ready to fight for them.
Those Accused of Securities Crime
This often is a crime that is committed by people who work in the finance industry and have the decision-making authority to effectuate a fraudulent scheme, including:
- The executive officers in the company who commit insider trading;
- Businessmen who make, or cause to be made, false accounting entries (aka, “cooking the books”);
- Investment bankers who create false information about certain investment products; and
- Individuals or groups who do not have a license to provide financial advice or sell securities, but engage in these activities.
In addition to individuals who are charged with securities fraud, it is possible for a corporation to be brought up on charges of securities fraud. This often happens when there are false statements that are made as part of is issues financial report, such as an annual statement. When this type of investigation is being done, the investigators often will sweep up everyone involved in publicizing the false information, including lower-level management and accountants. A person who was just following the directions of his superiors might find himself facing serious federal charges.
The Securities and Exchange Commission (SEC) is in a powerful position when it comes to these types of investigations. An executive who refuses to comply with requests for information may find himself terminated for his refusal. However, the SEC does provide the results of its investigation to the Department of Justice, so the executive faces individual prosecution if he does provide incriminating testimony. A person or company involved in this type of investigation needs effective and skilled criminal defense attorneys because the penalties include significant prison time and large fines, as well as civil penalties.
Greco Neyland, PC Tenaciously Defends the Rights of Our Clients
When a person learns about a securities fraud investigation in which he is implicated or actually is charged with a crime, it is very important to hire dedicated criminal defense attorneys as soon as possible. At Greco Neyland, PC, we have the experience to tear apart the case being put together against our client and analyze each component for weaknesses or investigative misconduct. Although we are very familiar with the financial evidence that comprises a securities fraud case, we also know when to bring in the experts, including forensic accountants, in order to build an effective defense. We have a Manhattan office in order to provide the necessary legal help quickly, but we do not believe in charging exorbitant rates simply because of geography. We have reasonable rates for zealous defense. To schedule a time to discuss your situation, call us at (212) 951-1300. The initial consultation is free of charge. Time is not on your side, you need to act quickly and get us on the case – call us today!
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New York, NY 10017
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Experience as a former prosecutor gives Jeffery Greco an edge in building the strongest possible defense strategy for the accused in New York City.
A thorough investigation is key to finding every reasonable doubt and getting charges reduced or dismissed for NYC defense attorney Dustan Neyland.