Securities fraud and financial crimes are high-profile offenses that garner big headlines in the media. At Hilder & Associates, P.C., our Houston securities fraud lawyers stay on the cutting edge of this complex area of white-collar criminal defense.
Contact us today, and take the first step toward a comprehensive defense strategy.
Seasoned Securities Fraud Defense Lawyers: Representing Clients Nationwide
At Hilder & Associates, P.C., our attorneys in Houston possess an impressive track record in handling a wide spectrum of securities fraud cases.
Our securities fraud attorneys have an in-depth understanding of the complex laws and regulations governing securities transactions, investment activities, and corporate disclosures. This comprehensive knowledge allows us to build powerful defense strategies that are tailored to the specific nuances of each client’s case.
Philip Hilder is a founder and co-chair of the American Bar Association National Institute on Securities Fraud. He is also a co-chair of the ABA subcommittee on Securities Fraud.
While our office is based in Houston, Texas, our Securities Fraud defense practice extends nationwide. Our dedicated lawyers have successfully represented clients from various states, providing them with high-quality legal representation.
When facing securities fraud allegations, having the right legal representation is crucial to protecting your rights and securing your future.
Allow Hilder & Associates, P.C. to be your trusted advocates, advocating relentlessly on your behalf throughout the legal process.
Don’t delay—contact us today at 713-655-9111 to begin securing your future.
Facing Off Against Powerful Entities On Your Behalf
Our clients are at the core of everything we do. We understand the significant impact that securities fraud allegations can have on individuals and businesses. As a result, we prioritize open communication, personalized attention, and confidentiality to build strong and trusting attorney-client relationships.
Hilder & Associates, P.C. plays a crucial role in assisting clients facing cases related to securities fraud, financial fraud, insider trading, and violations of the Sarbanes-Oxley Act.
Additionally, our team of white collar attorneys provides valuable guidance and support to companies seeking compliance with the Securities Exchange Act and other relevant regulations.
Comprehensive SEC Enforcement Defense Services
Navigating the complexities of SEC enforcement can be daunting, but having a seasoned SEC defense attorney in Houston by your side can make a significant difference.
Understanding SEC Fraud Accusations
SEC fraud accusations refer to claims of dishonest practices in financial markets. These might involve lying to investors or manipulating the market for unfair advantages.
A well-known example is insider trading, where people use secret information to make profitable trades, breaking trust and leading to serious legal issues.
The main laws against securities fraud are found in the Securities Exchange Act and SEC Rule 10b-5. These rules ban fraudulent activities related to buying or selling securities, such as making false statements or leaving out important information that could mislead investors.
For example, corporate leaders could face criminal charges if they release false information to manipulate stock prices. To prove securities fraud, it must be shown that someone relied on false information, resulting in financial loss and breaking securities laws.
Being accused of securities fraud is very serious. Individuals or companies facing these accusations might deal with heavy fines, criminal charges, and legal battles related to securities litigation. Understanding these accusations is crucial for building a strong defense.
Our securities litigation lawyers in Texas bring extensive experience to every case, ensuring meticulous attention to detail and a deep understanding of SEC regulations. We work closely with clients to develop personalized defense plans that address the unique aspects of their cases.
National security concerns can also intersect with SEC enforcement, adding another layer of complexity to these cases. As a national security lawyer, we are well-versed in handling cases that involve sensitive information and high stakes. Our firm’s comprehensive approach ensures that all facets of your defense are covered, from regulatory compliance to criminal defense.
Choosing the right legal representation is crucial when facing SEC enforcement actions. Our team is dedicated to providing the support and advocacy you need during these challenging times.
Aspects of Securities Fraud
For companies seeking to ensure compliance with the Sarbanes-Oxley Act and related regulations, Hilder & Associates provides valuable legal counsel and assistance.
Compliance with SOX is essential for public companies to maintain transparency and accountability in their financial reporting, and non-compliance can lead to severe consequences, including regulatory sanctions and reputational damage.
SOX compliance is governed by two agencies: the SEC and the Public Company Accounting Oversight Board (PCAOB). The SEC has subpoena power to broadly investigate companies, pursue prosecution, seek civil fines and work in conjunction with the Department of Justice.
The PCAOB focuses on the public auditors of applicable companies. Thus, the PCAOB has rule-making authority to set standards for the preparation of audit reports, inspect public accounting firms and impose fines. The agency can request accounting representatives to produce documents and testify.
We offer a comprehensive range of legal services related to securities fraud, including, but not limited to:
- Defense Against Allegations: Whether you are an individual investor or a corporate entity accused of securities fraud, our attorneys are prepared to vigorously defend your rights and interests in court.
- Securities Fraud Investigations: We have extensive experience representing clients during investigations initiated by regulatory agencies, such as the Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA).
- Misrepresentation and Omissions: We represent clients facing allegations of making false statements or omissions in connection with securities transactions.
- Embezzlement Charges for Misdemeanor or Felony Offenses: Our attorneys are well-versed in defending clients accused of embezzlement, which involves the misappropriation of funds entrusted to an individual for personal gain.
- Money Laundering Statutes: We provide robust defense representation for clients facing charges related to unlawful financial transactions designed to conceal the source, destination, or amount of illegally obtained funds.
- Sarbanes-Oxley Act Violations: Our team is adept at handling cases involving violations of the Sarbanes-Oxley Act, which may include fraudulent accounting practices or retaliation against whistleblowers.
- Dodd-Frank Offenses: We offer comprehensive legal counsel for individuals or entities charged with Dodd-Frank offenses, such as failures to register as a large swap participant or report large swap transactions.
Our dedication to providing a vigorous defense remains unwavering across all aspects of securities fraud and white-collar criminal cases.
Our SEC Enforcement Defense Services Include:
- Thorough investigation and case analysis
- Strategic defense planning and execution
- Representation during SEC investigations and hearings
- Coordination with experts in finance and securities law
- Comprehensive support throughout all stages of litigation
Contact us today to discuss your case with an experienced SEC defense attorney in Houston and learn how we can help you navigate the complexities of SEC enforcement.
Types of SEC Investigations
The Securities and Exchange Commission (SEC) conducts two primary types of investigations: informal inquiries and formal investigations. Knowing the difference between these can help you be better prepared.
Informal investigations rely on voluntary cooperation to gather information, as they do not have formal subpoena power. On the other hand, formal investigations are more intrusive, as they allow SEC staff to issue subpoenas and take sworn statements.
SEC investigations can start for various reasons, such as routine checks, tips from investors, or regulatory inspections. Regardless of the reason, both informal and formal investigations are kept confidential, and their status is usually not made public.
A key part of formal investigations is the Wells Notice, which tells the person or company involved that the SEC is considering taking enforcement action. This notice is a critical opportunity for the accused to present their side and potentially avoid further legal trouble.
If you receive an SEC subpoena, it means the agency has gathered enough evidence to start a formal investigation. Understanding the details and possible outcomes of these investigations is essential for crafting a strong response and defense strategy.
Whether you are facing an investigation or formal charges, we are committed to defending your interests and achieving the best possible outcome.
Responding to an SEC Subpoena
Receiving an SEC subpoena might seem daunting, but understanding how to handle it can greatly affect the outcome of your case. The SEC issues subpoenas to gather evidence when it suspects violations of federal securities laws.
There are two main types of subpoenas: one requires you to give testimony, and the other demands you submit documents. These subpoenas can be sent to both investigation targets and witnesses, so don’t assume your role based on receiving one alone.
When you get an SEC subpoena, be ready to provide the requested testimony and documents. During testimony, expect detailed questioning about your knowledge of key facts and an evaluation of your trustworthiness.
Having a clear plan is essential. Legal counsel is crucial during this process. Lawyers can negotiate with the SEC if a subpoena seems too demanding. They ensure you meet legal obligations while safeguarding your rights throughout the investigation.
The Importance of Immediate Action
When faced with SEC fraud accusations, acting quickly is crucial. You have a limited time to protect your rights and interests, and taking immediate action can significantly affect the outcome of your case. Acting swiftly can help safeguard your interests and possibly reduce the impact of SEC allegations.
Responding promptly to SEC inquiries increases your chances of reaching a favorable resolution. Delaying your response can complicate matters and make it harder to build a strong defense.
Getting legal help early is essential for understanding the complexities of SEC investigations. A seasoned SEC defense attorney can determine if the investigation is civil or criminal, which is important for planning your defense.
Taking quick action is key. Hiring a knowledgeable attorney right away helps you navigate the complex securities laws and SEC enforcement actions. This proactive step is vital for protecting your future and ensuring the best possible outcome for your case.
Securities Fraud Penalties
Navigating the complexities of securities fraud penalties can be daunting, but understanding the potential consequences is crucial. If you’re facing allegations, it’s important to be aware of what might lie ahead.
Key Penalties
- Criminal Penalties: Long prison sentences, heavy fines
- Civil Penalties: SEC fines, disgorgement of profits, industry bans
- Professional Impact: Loss of licenses, damaged reputation, employment challenges
Criminal securities fraud charges might result in long prison terms, with violations of federal securities laws potentially leading to up to 25 years behind bars. Financial penalties are also steep, with fines reaching as much as $10 million, depending on the specific violation.
Civil penalties, enforced by the Securities and Exchange Commission (SEC), can result in fines, disgorgement of profits, and industry bans. A skilled SEC defense attorney can provide guidance on mitigating these consequences and protect your rights throughout the legal process.
In cases of insider trading, which is a common type of securities fraud, individuals might face fines up to $5 million. Additionally, courts might require them to pay back victims for any financial losses caused by their fraudulent actions.
Ignoring an SEC subpoena can also have serious consequences, including being charged with contempt of court. These potential penalties highlight the need to build a strong defense and work with a seasoned defense attorney to effectively handle SEC fraud cases.
It’s essential to take these allegations seriously and seek the assistance of a knowledgeable Houston securities fraud lawyer to ensure you receive fair treatment and a robust defense.
Defending Against Securities Fraud Allegations in Texas
Facing securities fraud allegations in Texas can be overwhelming, but understanding the potential defenses available is crucial for anyone accused. Below are some common defenses used in securities fraud cases.
Common Defenses in Securities Fraud Cases
- Lack of Intent: Demonstrating that the accused did not have the intent to deceive or defraud.
- Insufficient Evidence: Challenging the adequacy and credibility of the prosecution’s evidence.
- Due Diligence: Showing that the accused took all reasonable steps to ensure the accuracy and legality of the transactions in question.
- Reliance on Professional Advice: Arguing that the accused relied on the advice of financial or legal professionals, thereby lacking the intent to commit fraud.
Understanding these defenses can empower you to take informed steps in protecting your rights. Engaging a knowledgeable Houston securities fraud lawyer early in the process is essential to developing a strategy tailored to your specific circumstances. This proactive approach can make a significant difference in the outcome of your case.
Contact Hilder & Associates for Experienced Securities Fraud Defense
Convictions can result in excessive fines, the end of a career, and the closing of a company. This is no time to go at it alone and refuse a legal representation. If you are in need of experienced securities fraud lawyers, team represents clients nationwide and is prepared to vigorously defend you.
Let our skilled white collar crime lawyers guide you through the complexities of securities fraud defense, working tirelessly to protect your interests and achieve a favorable resolution for your case.
For more information or to schedule an appointment with an experienced Houston-based securities fraud lawyer, please email our Houston law office or call us toll-free at 888-659-8742 or locally at 713-234-1416.
Securities Fraud Defense FAQs
What is Securities Fraud?
Securities fraud involves deceptive practices in the stock or commodities markets, often leading to financial losses for investors. This illegal activity can include false information in financial statements, insider trading, or fraudulent investment schemes. If you are facing such allegations, a securities fraud lawyer can provide crucial legal guidance and representation to protect your rights.
Why am I Being Investigated by the SEC?
The SEC investigates individuals or entities suspected of violating securities laws. Common reasons for an SEC investigation include allegations of insider trading, market manipulation, or misleading financial disclosures. If you’re under investigation, it’s important to consult with an SEC defense attorney in Houston to understand the charges and develop a strategic defense plan.
Should I Hire a Securities Fraud Defense Attorney?
Yes, hiring a securities fraud defense attorney is essential if you’re facing allegations of securities fraud. A lawyer with experience in securities law can help navigate the complex legal landscape, protect your rights, and build a strong defense. They can also negotiate with regulators and represent you in court if necessary.
What Agencies Investigate Securities Fraud?
Several agencies investigate securities fraud, including:
- The Securities and Exchange Commission (SEC)
- The Financial Industry Regulatory Authority (FINRA)
- The Department of Justice (DOJ)
- State securities regulators
Each agency has its own procedures and areas of focus, making it critical to have a knowledgeable national security lawyer to guide you through the process.
What Should I Do if I’m Being Investigated for Securities Fraud?
If you’re being investigated for securities fraud, take the following steps:
- Do not discuss the investigation with anyone without legal counsel.
- Gather and preserve all relevant documents and records.
- Contact a securities fraud lawyer immediately.
- Follow your attorney’s advice and cooperate with legal procedures while protecting your rights.
An experienced attorney can help you manage the investigation and work towards a favorable resolution.
How Long Does a Securities Fraud Case Take to Resolve?
The duration of a securities fraud case can vary widely depending on the complexity of the case and the investigating agency. Some cases may be resolved in a few months, while others can take several years. Throughout this period, a national security lawyer can provide ongoing support and representation, helping you navigate each stage of the legal process effectively.
