Lawscape’s team of attorneys have immense experience handling SEC investigations on a nationwide basis. We understand that when facing an SEC investigation, you want an experienced SEC investigation and enforcement action defense attorney.
Our collective group of attorneys have many years of experience handling tough cases. Our attorneys have helped brokers, directors, investment advisors, and individuals, who have connections with securities investigations and need talented attorneys who can help defend them.
What should you do when you get an SEC subpoena?
SEC subpoenas are issued to companies and individuals alike when there is adequate evidence that federal securities laws may have been violated. When this is true, a Formal Order of Investigation has entered, and authority is granted attorneys and investigators to subpoena documents, and take testimony to determine whether violations occurred.
These subpoenas are issued to people who are ultimately the target, or subject, of an investigation as either a respondent in an administrative proceeding, or defendant in an enforcement proceeding. Subpoenas are also issued to people and entities who the SEC attorneys believe have evidence of a violation. The SEC won’t tell you whether you’re a target, subject, or witness. SEC attorneys/investigators will tell you nothing about the investigation.
The first thing you need to do is contact an experienced SEC investigations and defense attorney who can help you. It’s important you have such an attorney representing you because you want to respond to the subpoena – without incriminating yourself. It’s important to assert your right not to self-incriminate, as per the 5th amendment. Once you produce documents, or information, it may be too late to assert this right.
If you’re being investigated for insider trading, you need an attorney
You could be investigated for a number of reasons – such as insider trading, fraud, Ponzi, stock manipulation, or more. It’s important you understand the way through which the SEC conducts investigations, makes decisions on who to charge, and whether it chooses to prosecute or settle a case. It’s also important that you have representation by an experienced SEC defense attorney who understands the legal process, and can protect you by navigating through this stressful legal process. Once you produce documents to the SEC, it will call you for testimony, where you will be asked questions under oath by the SEC staff about the investigation, and the relevant documents they have. It’s important that you are prepared to answer the SEC. When you give the SEC testimony, your position on facts is locked in, and your credibility is assessed and judged. Competent SEC defense attorneys ensure that you understand, and are ready for this intense process.
After you complete your testimony, and other witnesses in the investigation provide testimony, and after the SEC staff has reviewed documents produced, the SEC will either drop it’s investigation in you – or it will issue a Wells Notification, which is a formal notice that it intends to charge you.
You have the right to respond to a Wells Notification through an SEC defense attorney. Even if the SEC insists on filing charges, the matter can still be settled, or if the settlement cannot be reached, you have the right to contest the charges in either an SEC administrative proceeding, or in Federal Court.