SAN ANTONIO FEDERAL Securities Fraud Defense Attorney
If you or your company has been contacted by the Securities and Exchange Commission (SEC) about an offense allegedly committed by an individual, investor, or entity, you need to protect yourself by calling an experienced securities fraud attorney today.
Being involved in an ongoing securities and investment fraud investigation doesn’t only put your career on the line — securities fraud is a serious federal crime that comes with steep financial penalties and mandatory prison time. Your freedom is on the line.
If you are in need of a federal criminal lawyer for white collar cases, contact Flanary Law Firm. Donald Flanary has experience navigating complex, high-stakes cases and dealing with aggressive federal agencies in a court of law.
Call Flanary Law Firm today at (210) 899-7566 for an aggressive, battle-tested defense.
What Is Securities Fraud?
Securities fraud, sometimes referred to as “securities and investment fraud” or “stock fraud,” occurs when a business either creates false financial information or hides relevant financial information to influence the behavior of investors or stakeholders, usually to make them buy.
The Securities and Exchange Commission (SEC) defines fraud as “any misrepresentation or omission that has the potential to affect an investor’s decision-making process.” This definition has left room for interpretation, meaning that fraud can be anything from theft by deception from stockholders to outright embezzlement, but the most common forms that securities and investment fraud take include:
- Insider trading
- Stock embezzlement
- Misreported assets or debts
- Stock manipulation
- Misleading investors
- Dummy corporations
- Corporate misconduct
- Abusive short-selling
- Accountant negligence
- Pyramid and Ponzi schemes
Although a person accused of securities fraud will be charged under 18 U.S.C. § 1348, the Securities Act of 1933 and the Securities Exchange Act of 1934 are the pertinent federal laws governing securities fraud offenses.
The Securities Exchange Act of 1934 actually created the Securities and Exchange Commission (SEC) and gave them regulatory authority over the securities industry. The Securities Act of 1933 essentially accomplishes two things:
- It provides that investors receive financial and other significant information concerning securities being offered for public sale; and
- It prohibits deceit, misrepresentation, and other fraud in the sale of securities.
What Is the Average Sentence for Securities Fraud?
Penalties for securities fraud are steep and range depending on the amount defrauded and the methods employed. For this reason, averages are difficult to estimate, but 18 U.S. Code § 1348 provides that those convicted of securities fraud be fined up to $5 million and spend up to 25 years in federal prison.
If you are convicted of federal securities and investment fraud, going to prison is a foregone conclusion, as is losing up to millions of dollars. Don’t be convicted. Call an aggressive Texas federal attorney to fight for you today.
How Do You Prove Securities Fraud?
To prove securities and investment fraud, it must be proved that a broker, financial advisor, or another industry entity intentionally or recklessly made a misrepresentation or omission of financial information to a customer that then relied upon that information, and suffered damages as a result.
“Recklessly” is an important word here. It means that in order to prove fraud the court does not necessarily have to prove intent. Even unintentional oversights that are seen as reckless or risky can become credible fraud allegations — and in a market that thrives on risk.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Under Investigation? Call a Securities Fraud Attorney at Flanary Law Firm Today
If you or your organization has been contacted by the Securities and Exchange Commission (SEC) and you don’t already have a securities fraud attorney, you could be in trouble. Every day that you don’t hire an expert attorney is another day that you are left without a defense while the federal government is building its case against you.
Start building an aggressive defense today by hiring the best criminal defense attorney in San Antonio that you can find, like the attorneys at Flanary Law Firm. Call Flanary Law Firm at (210) 899-7566 or contact us online for a free consultation. Don Flanary takes on high-stakes federal cases all over Texas and fights for his clients like no other.
