White Collar Criminal Defense: Securities Fraud
Who gets charged with securities fraud?
- Corporate executives suspected of insider trading
- Business executives who make false accounting entries
- Investment brokers who misrepresent financial products
- Investment club organizers who give investment advice or sell financial products without a securities license
White collar defense attorney Solomon L. Wisenberg is the author of the book White Collar Crime: Securities Fraud, published annually by Thomson Reuters--one of the world's leading legal publishing houses.
Success in Securities Fraud Cases
- The Vice President of a publicly traded corporation was indicted in a major securities fraud prosecution in the U.S. District Court for the Southern District of New York. After two years of intense pre-trial litigation, all charges were dismissed by the government prior to trial.
- A corporation's president was investigated and questioned as part of a major federal white collar investigation, conducted by the U.S. Attorney's Office for the Central District of California, into corruption among securities class action law firms. The Wisenbergs negotiated an immunity agreement for their client. No charges were filed.
- The president of a Texas corporation was charged with securities fraud in a complaint filed by the SEC in the United States District Court for the District of Columbia. The Wisenbergs negotiated a no-fault civil settlement.
- A North Carolina businessman was found guilty as part of an alleged securities fraud scheme. The Wisenbergs were hired after trial to represent the client during sentencing in the United States District Court for the Eastern District of North Carolina. The client's recommended Sentencing Guidelines range was 108-135 months in prison--roughly 9 to 11 years. Mr. and Mrs. Wisenberg presented comprehensive written and oral materials to the U.S. District Court and argued for a downward variance under United States v. Booker. The court sentenced the client to probation.
- A California broker was accused of fraud by the SEC in connection with a major day-trading investigation. The broker entered into a civil settlement agreement with the SEC. No criminal charges were filed.
Publicly traded companies that make false statements on quarterly and annual statements to the SEC are at risk of being charged with securities fraud. Those who allegedly help the company cook the books, even mid-management and low-level corporate employees, are also at risk. So too is anyone who is aware of the wrongdoing and assists it in any way, however minor.
Consider Your Priorities
Corporate executives can lose their jobs if they do not cooperate with an SEC investigation. Giving testimony to the SEC, however, may result in criminal indictment or strengthen the government's criminal case against you, because the SEC can and does turn over records of its civil fraud investigations to the Department of Justice.
We help our clients weigh their options. Losing a high-paying executive job can be devastating, but 10 years in federal prison is far worse. To protect his or her interests, no citizen should participate in an SEC investigation without first consulting with a white collar lawyer experienced in defense of securities fraud allegations.
Contact us, Solomon L. Wisenberg and Adrienne Urrutia Wisenberg, at the Washington D.C. law offices of Barnes & Thornburg LLP. We represent clients facing securities fraud charges nationwide.