Our securities attorneys represent registered broker-dealers, investment adviser firms, stockbrokers, individual investment advisers, compliance officers, managers, executives and other financial professionals in regulatory investigations and administrative actions. While we represent clients in all stages of the SEC investigatory process, for many this begins with receiving a subpoena from the SEC.
Common violations that may lead to SEC investigations include:
- Insider trading (violating a trust relationship by trading on material, non-public information about a security);
- Misrepresentation or omission of important information about securities;
- Manipulating the market prices of securities;
- Stealing customers’ funds or securities;
- Violating broker-dealers’ responsibility to treat customers fairly; and
- Selling unregistered securities
Our goal in representing clients at this stage is to prevent the investigation from proceeding to litigation, but our securities attorneys handle all aspects of an SEC subpoena, including negotiating with regulators, preparing document and data productions, responding to requests for information, drafting legal briefs and “Wells submissions,” preparing witnesses to testify, and attending on-the record interviews. Our securities attorneys have experience with proceedings involving:
- Insider trading;
- Misrepresentations or omissions about a company or its securities, made to an investor or the public at large;
- Accounting fraud, including books and records violations or presenting false information to the SEC;
- Registration violations;
- Ponzi schemes;
- Stock manipulation schemes (aka “pump and dump” schemes);
- Any other alleged violations of the Securities Act of 1933, the Securities and Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, and any other relevant federal laws, rules or regulations.