Securities Fraud Lawyer in Dallas
MARK A. PEREZ, ATTORNEY AT LAW
Securities fraud allegations expose individuals and businesses to potential civil and criminal consequences. These cases often involve investment offerings, stock transactions, insider information, and other conduct linked to the purchase or sale of securities. The Securities and Exchange Commission investigates possible violations and brings civil enforcement actions, but conduct can also be referred to federal prosecutors.
I am Mark A. Perez, a former Dallas County white-collar crimes prosecutor with more than 35 years of criminal litigation experience. If you believe you’re under investigation and need to talk to a securities fraud lawyer, schedule a free consultation with me to discuss your case.
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What Is Securities Fraud?
Securities fraud is deceptive or fraudulent conduct involving securities and investment transactions. Allegations may involve misleading omissions, market manipulation, insider trading, and fraudulent investment schemes.
The SEC investigates potential securities law violations and handles civil enforcement actions. However, securities fraud can also be prosecuted criminally at the federal level.
Types of Conduct That Can Lead to Securities Fraud Charges
Many types of financial and investment activity can lead to scrutiny from the SEC or federal investigators. Allegations could involve:
- False or misleading statements to investors
- Incomplete or deceptive disclosures
- Manipulation of securities prices or trading volume
- Misuse of confidential information
- False financial statements
- Misrepresentations about investment performance
However, there is a clear distinction here. Fraud must be involved; the required standard may range from negligence to intentional misconduct depending on the law at issue. A business loss or unsuccessful investment doesn’t immediately establish fraud.
Can False Statements or Omissions Lead to Securities Fraud Charges?
The SEC specifically lists misrepresentations and omissions of important information as conduct that may lead to an investigation. There is some nuance here; there may be questions about whether statements are false, whether omitted information was important, what the person knew when they made their statements, and whether they acted with intent, negligence, or other applicable standard.
Insider Trading
Insider trading can fall within securities fraud enforcement. The SEC identifies this as trading on material, nonpublic information about a security in violation of a fiduciary duty or a relationship of trust and confidence.
Not all trades made by someone in possession of nonpublic information result in criminal liability. Relevant factors may include the source of the information, the duties involved, knowledge, and surrounding conduct.
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What to Do If the SEC or Federal Investigators Contact You
If you receive a subpoena, interview request, or other communication from investigators, you need to know the scope of the inquiry before responding. Preserve relevant documents, as destroying, altering, or concealing records could expose you to further liability. Reach out to me if you need a securities fraud attorney to help you decide how to respond to investigators or prepare for an interview.
Penalties for Securities Fraud
The penalties a convicted person may face for securities fraud depend on the specific statute and charges, as well as the facts of the case. Someone convicted under 18 U.S. Code 1348 may face significant fines and be imprisoned for up to 25 years, while someone convicted under 15 U.S. Code 78ff could spend up to 20 years in prison. Because these cases often overlap with other white-collar crime charges, penalties vary significantly.
The SEC may impose penalties as well. Civil fines may be assessed in tiers based on severity. Individuals and entities may also face disgorgement, or the mandatory return of illegal profits or ill-gotten gains.
It’s important not to assume that facing civil penalties means that you have been cleared of criminal wrongdoing. Information uncovered during the civil investigation may affect the criminal case against you, and vice versa.
Strategies Your Securities Fraud Attorney May Use
There are several defense strategies that may suit your case, depending on what I, as your securities fraud lawyer, uncover in my analysis. The route I choose depends largely on the government’s evidence and the particular charge or charges you are facing.
I may challenge whether the government can prove the required standard of securities fraud. A bad business decision, inaccurate prediction, or investment loss doesn’t necessarily prove fraud. Investment losses can occur even when someone acts completely ethically and appropriately.
Another avenue I may explore is challenging the financial and electronic evidence against you. Securities fraud cases often depend heavily on documents and electronic records, such as trading records, emails, offering materials, and internal communications. If information was taken out of context or inaccurately interpreted, that may weaken the prosecution’s case against you.
How My Law Office Can Help
My background as a former Dallas County white-collar crimes prosecutor gives me a practical understanding of how fraud cases are investigated and prosecuted. If you suspect or know that you are the subject of a securities fraud investigation, it is never too early to reach out to me. As a securities fraud defense attorney, I can evaluate the allegations against you before formal charges are filed, handle communications with investigators, and examine the extent of the evidence against you.
I’m also prepared to develop defense strategies, prepare you for testimony and interviews, negotiate where appropriate, and defend you in court.
Schedule a Consultation If You Need a Securities Fraud Defense Attorney
Securities fraud cases may involve extensive and complex financial records, complicated federal laws, and overlapping criminal and civil investigations. I’m here to protect your rights and advocate for you throughout the entire process. Contact my office to schedule a free consultation.
