New York City SEC Defense Lawyers

Navigating SEC Defense in New York City: A Guide for Companies and Individuals Facing Securities Fraud Charges

Being investigated or charged with securities fraud by the Securities and Exchange Commission (SEC) can be an incredibly stressful and complex ordeal. The SEC enforces federal securities laws that aim to protect investors by requiring full and fair disclosure by companies that issue stocks and bonds. Violating these laws can lead to huge fines, damaged reputations, and even criminal prosecution.

Luckily, experienced SEC defense attorneys in New York City can help guide companies and individuals through the investigation process and build a strong defense. This article provides an overview of common SEC charges, strategies for responding to investigations, and finding the right legal representation in New York City.

Common SEC Violations

Before diving into defense strategies, it helps to understand the most common activities that attract SEC scrutiny. Some of the top securities law violations pursued by the SEC include:

• Insider trading – Buying or selling securities based on material, non-public information.
• Accounting fraud – Falsifying financial statements and misrepresenting a company’s financial health.
• Pump-and-dump schemes – Artificially inflating a stock’s price through false or misleading statements, then selling shares before the price drops.
• Churning – Excessive trading by brokers aiming to generate higher commissions.
• Misleading information – Providing false or misleading information to investors about securities.

The SEC often pursues both companies and individuals like CEOs, CFOs, board members, brokers, and more. Even peripheral players like attorneys can face charges of aiding and abetting securities fraud.

Responding to Investigations

When facing an SEC investigation, having an experienced SEC defense lawyer on your side from the very beginning is crucial. Here are some tips for responding:

• Get ahead of it – If you suspect you may be under investigation, get out in front by hiring counsel and approaching the SEC before they come to you.
• Stay quiet – Assert your Fifth Amendment rights and avoid interviews or questioning without your lawyer present.
• Review documents – Your lawyer can help identify any problematic emails, reports, or other evidence.
• Negotiate resolution – In some cases, your lawyer may be able to negotiate a settlement and avoid litigation.

Having skilled counsel involved early allows you to get a handle on potential liability and explore different resolution strategies. Your lawyer’s relationships with SEC staff can also smooth the process.

Building an SEC Defense Strategy

If charges are filed, SEC defense lawyers have a variety of tactics for contesting them. Common strategies include:

Christine Twomey

2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• Demonstrating compliance – Showing that policies and procedures were in place to prevent violations.
• Questioning accuracy – Identifying errors or exaggerations in SEC allegations and evidence.
• Raising jurisdictional issues – Arguing that certain activities fall outside SEC authority.
• Attacking credibility – Undermining witness testimony through rigorous cross-examination.
• Presenting contrary evidence – Introducing documents, testimony, or expert analysis that contradicts SEC claims.

In some cases, even if underlying facts are true, skilled securities attorneys may get charges dismissed by showing the SEC lacks jurisdiction or is overreaching in its allegations. Settlement may also be an option to avoid litigation.

Finding the Right NYC Securities Lawyer for You

With so much on the line, it’s critical to have an experienced SEC defense attorney fighting for you. Look for a lawyer with specific expertise in securities laws and SEC enforcement. When researching options, consider:

• • Experience with similar cases – Look for a robust history with comparable SEC charges.
  • Local knowledge – Understanding New York judges, regulators, and processes is invaluable.
  • Resources and expertise – Big SEC cases often require teams of lawyers, financial experts, investigators, and more.