Florida SEC Defense Lawyers

Florida SEC Defense Lawyers

If you are being investigated by the SEC in Florida, you may need an experienced SEC defense lawyer. SEC investigations can be stressful and have serious consequences if not handled properly. A good SEC defense lawyer can help guide you through the process and protect your rights.

There are many qualified SEC defense attorneys in Florida who regularly handle these types of cases. When choosing a lawyer, you’ll want to look for someone with specific experience in SEC investigations and enforcement actions. It’s also helpful if they have experience as a former SEC attorney, so they understand how the SEC operates.

The SEC Investigation Process

When the SEC opens an investigation, they will issue a “Formal Order of Investigation” authorizing the staff to subpoena documents and take testimony. This begins a fact-finding process that is not public. The SEC may obtain phone records, emails, trading records and bank account information. They will also take sworn testimony from company personnel and other witnesses.

This evidence gathering can go on for months or even years. Your lawyer can interact with SEC staff to try and narrow the scope or speed things up. But the SEC has broad authority to obtain information, and there is little your attorney can do to stop that process.

Once the investigation is complete, SEC staff will evaluate the evidence. They may recommend closing the investigation with no action. Or they may recommend an enforcement action seeking sanctions. Your lawyer’s job is to present facts and legal arguments to convince the SEC no enforcement action is warranted.

Common SEC Violations

Some of the most common SEC violations investigated in Florida include:

• Insider trading – Trading stock based on material non-public information
• Accounting fraud – False or misleading financial statements
• Ponzi schemes – Using new investor money to pay earlier investors
• Offering fraud – Misleading statements about investment products
• Registration violations – Failure to register securities or broker-dealers

The SEC has authority to investigate and bring civil enforcement actions for violations of the federal securities laws. Your lawyer can argue that the facts do not support the SEC’s allegations, or that your conduct does not actually violate the law.

SEC Remedies and Sanctions

If the SEC believes it has a strong case, it may recommend an enforcement action seeking sanctions such as:

• Civil monetary penalties
• Disgorgement of ill-gotten gains
• Bars from serving as corporate officer or director
• Trading suspensions or bars
• Registration revocation

The SEC has discretion in seeking sanctions, so your lawyer will negotiate to reduce penalties. If negotiations fail, the case may go before an SEC administrative law judge. Your attorney can present defenses and challenge SEC evidence through this trial process.

Settling an SEC Case

Over 90% of SEC enforcement actions settle before trial. Settlements typically involve paying a fine and agreeing to sanctions, without admitting or denying the SEC’s allegations. Your lawyer may recommend settling if the terms are acceptable. Settlements avoid the cost and uncertainty of litigation.

However, some cases should go to trial if the facts and law support fighting the charges. Your lawyer will advise you on the pros and cons of settlement versus litigation. The ultimate decision is yours based on their counsel.

SEC Investigations Move Quickly

It is important to engage experienced SEC defense counsel early in an investigation. The SEC moves quickly, and will not wait for you to get up to speed. Your lawyer needs to take control of responding to subpoenas, testifying, negotiating, conducting internal investigations, and interfacing with SEC attorneys.

The investigation process is confusing, even for sophisticated professionals. You need an experienced guide from the start. This can make the difference between a mild slap on the wrist or a devastating enforcement action.

Choosing the Right SEC Defense Attorney

When selecting legal counsel for an SEC investigation, look for these important qualifications:

• Extensive SEC defense experience
• Good working relationships with SEC staff
• Experience as a former SEC attorney
• Strong negotiation and litigation skills
• Thorough knowledge of securities regulations
• Ability to translate complex legal issues
• Reasonable fees and billing structure

Also prioritize responsiveness and communication skills. You need an attorney who will answer your calls and explain what is happening in terms you understand.

Beware lawyers who seem eager to go to trial rather than resolving matters efficiently. Litigation is uncertain and should generally be a last resort if settlement talks fail.

SEC Defense Lawyers Can Avoid Disastrous Outcomes

Without experienced counsel, SEC targets often make critical mistakes that worsen their situation. They may:

• Provide inaccurate or misleading testimony
• Fail to comply with subpoenas
• Obstruct or destroy documents
• Make public statements that contradict the evidence
• Become combative with SEC attorneys

A skilled SEC defense lawyer will advise you to avoid these missteps. They will handle document production and testimony preparation to put your best foot forward. They will interact diplomatically with SEC attorneys to improve outcomes for you.

Choosing the Right Defense Strategy

SEC defense lawyers have a variety of strategies to deploy:

• Mount factual defenses – Use documents and testimony to rebut SEC charges
• Raise legal defenses – Argue the SEC’s allegations do not amount to actual violations
• Negotiate settlements – Your lawyer can negotiate with SEC staff for a favorable settlement. This may involve reduced charges and penalties in exchange for cooperation and certain admissions.
• Litigate before an SEC judge – If settlement talks fail, you can contest the charges at a trial before an SEC administrative law judge. Your lawyer can present evidence and mount legal defenses.
• Appeal to federal courts – If you lose before the SEC judge, your lawyer can appeal the decision to a federal appeals court. The court can overturn SEC rulings on certain legal grounds.
• Assert constitutional rights violations – Your lawyer may claim SEC violations of rights to due process, equal protection, or privileges against self-incrimination.
• Seek declaratory or injunctive relief – Your lawyer can file lawsuits seeking to stop or limit the SEC’s investigative tactics as unconstitutional or beyond statutory authority.
• Claim selective prosecution – Your lawyer may argue the SEC singled you out for investigation and enforcement illegally based on bias or discrimination.

An experienced SEC defense lawyer like [John Smith, Esq.] will deploy the optimal strategies based on the unique facts and circumstances of your case. The goal is to get charges dismissed or reduced, penalties minimized, and rights protected through negotiation or litigation.

Early engagement of qualified SEC defense counsel is key to developing legal arguments and evidence that counter the SEC’s allegations. Don’t go it alone in an SEC investigation that can ruin your finances and reputation.