Criminal Defense
Will I go to jail for Over-The-Counter (OTC) Fraud ?
max@dotcomlawyermarketing.com
Legal Expert
6 min read
Updated: Sep 6, 2025
Will I Go to Jail for Over-The-Counter (OTC) Fraud?
If you're facing charges related to Over-The-Counter (OTC) fraud, you're likely feeling anxious and uncertain about your future. At Spodek Law Group, we understand the stress and fear that come with potential criminal charges. Our experienced attorneys are here to guide you through this difficult time and fight for your rights.What is OTC Fraud?
Over-The-Counter fraud typically involves manipulating or deceiving investors in the OTC markets. This can include:- Pump and dump schemes
- Insider trading
- Misrepresenting company financials
- Market manipulation
Potential Consequences of OTC Fraud
If convicted of OTC fraud, you could face:- Up to 20 years in federal prison
- Fines up to $5 million for individuals
- Fines up to $25 million for organizations
- Disgorgement of any ill-gotten gains
- Lifetime ban from the securities industry
Will I Actually Go to Jail?
While jail time is possible for OTC fraud, it's not guaranteed. Many factors influence sentencing, including:- The amount of money involved
- Number of victims
- Your level of cooperation
- Prior criminal record
- Quality of your legal defense
- Plea bargaining to reduced charges
- Negotiating for probation or home confinement
- Arguing for leniency based on mitigating factors
How We Can Help
At Spodek Law Group, we have extensive experience defending clients against OTC fraud charges. Our skilled attorneys will:- Thoroughly investigate the allegations against you
- Identify weaknesses in the prosecution's case
- Negotiate with prosecutors for reduced charges or penalties
- Prepare a strong defense strategy if your case goes to trial
- Argue for minimal sentencing if convicted
Don't Face This Alone
OTC fraud charges are extremely serious. You need an experienced legal team on your side. At Spodek Law Group, we have the knowledge and skills to protect your rights and freedom.CONTACT US TODAY at 212-300-5196 for a free consultation. Let us fight for you.Understanding OTC Fraud Charges
OTC fraud charges can stem from a variety of activities in the over-the-counter markets. It's crucial to understand the specific allegations against you. Common types of OTC fraud include:Pump and Dump Schemes
This involves artificially inflating a stock's price through false statements, then selling shares at the inflated price. The SEC aggressively pursues these cases under Section 10(b) of the Securities Exchange Act and Rule 10b-5.Insider Trading
Using material, non-public information to trade securities is illegal under the Securities Exchange Act of 1934. Even if you didn't trade yourself, sharing inside information can lead to charges.Misrepresentation of Financials
Providing false or misleading information about a company's financial health violates multiple securities laws. This can include overstating assets, understating liabilities, or fabricating revenue.Market Manipulation
Any attempt to interfere with the free and fair operation of the market can lead to fraud charges. This may involve coordinated trading to create artificial price movements.Our attorneys at Spodek Law Group have defended clients against all types of OTC fraud charges. We'll carefully analyze the specific allegations in your case to build the strongest possible defense.Potential Defenses Against OTC Fraud Charges
Depending on the details of your case, we may be able to employ several defense strategies:- Lack of intent: OTC fraud requires willful intent to deceive. We may argue your actions were mistakes or misunderstandings, not deliberate fraud.
- Reliance on experts: If you relied on advice from accountants or lawyers, this may show you didn't intend to commit fraud.
- Challenging evidence: We'll scrutinize the prosecution's evidence for any weaknesses or procedural errors.
- Constitutional violations: If investigators violated your rights during the investigation, we may be able to get evidence suppressed.
The Importance of Early Intervention
If you suspect you're under investigation for OTC fraud, DON'T WAIT to contact an attorney. Early intervention can make a huge difference in the outcome of your case. We may be able to:- Negotiate with prosecutors before charges are filed
- Guide you on how to interact with investigators
- Protect you from self-incrimination
- Gather exculpatory evidence while it's still available
The Prosecution Process for OTC Fraud
Understanding how OTC fraud cases are prosecuted can help you prepare for what's ahead. The typical process includes:- Investigation: The SEC or other agencies gather evidence of potential fraud.
- Grand Jury: Prosecutors present evidence to a grand jury to obtain an indictment.
- Arraignment: You'll be formally charged and enter an initial plea.
- Discovery: Both sides exchange evidence and information.
- Plea Bargaining: Your attorney may negotiate with prosecutors for a plea deal.
- Trial: If a plea agreement isn't reached, your case will go to trial.
- Sentencing: If convicted, the judge will determine your sentence.
Collateral Consequences of OTC Fraud Charges
Even if you avoid jail time, OTC fraud charges can have far-reaching consequences:- Professional licenses: You may lose licenses in finance, law, or other fields.
- Employment: Many employers won't hire individuals with fraud convictions.
- Reputation: Your personal and professional reputation may be severely damaged.
- Civil liability: You could face lawsuits from investors who lost money.
- Immigration status: Non-citizens may face deportation.
Why Choose Spodek Law Group?
When facing OTC fraud charges, you need more than just a lawyer. You need a dedicated advocate who will fight tirelessly for your rights and freedom. At Spodek Law Group, we offer:- Experience: We've successfully defended numerous clients against OTC fraud charges.
- Resources: Our firm has the manpower and resources to thoroughly investigate your case.
- Aggressive advocacy: We're not afraid to challenge prosecutors and fight for you in court.
- Personalized attention: You're not just a case number to us. We'll give you the individual care you deserve.
- Strategic approach: We'll develop a customized defense strategy based on the unique facts of your case.
As Featured In






Need Legal Assistance?
Get expert legal advice from Spodek Law Group's experienced attorneys.