Dallas Securities Fraud Defense Attorney

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Experienced Defense Counsel for High-Stake Securities Fraud Cases in Dallas, TX

Our Dallas securities fraud attorneys have extensive experience defending clients against serious securities fraud allegations. If you have received a subpoena, search warrant, or target letter from the US Securities and Exchange Commission (SEC), US Department of Justice (DOJ), or Texas State Securities Board (TSSB), we encourage you to contact us immediately to discuss your defense.

Brian Kuester
Attorney Brian Kuester
Securities Fraud Defense Team Lead
Former US Attorney
Former District Attorney
Ellen Comley
Attorney Ellen Comley
Defense Team Lead
Senior Counsel
Roger Bach
Roger Bach
Team Consultant
Former Special Agent (OIG)

Federal and state authorities are targeting companies, firms, and individuals in Dallas suspected of defrauding investors in violation of applicable securities laws and regulations. We are seeing a high volume of cases involving securities fraud charges under the Securities Exchange Act of 1934, the Sarbanes-Oxley Act (SOX), and the Texas Securities Act, among other sources of legal authority.

Facing securities fraud allegations poses substantial risks for targets throughout the securities industry. Corporate entities, corporate insiders, investment advisers, financial advisers, stock brokers, and other targets can face administrative, civil, or criminal penalties depending on the specific allegations involved. Our law office handles these high-stakes cases in Dallas, and our experienced attorneys are available to provide representation immediately if necessary.

State and Federal Securities Fraud Enforcement Cases

Within our securities fraud defense practice, we represent clients that are under investigation and facing charges in state and federal enforcement proceedings. Representative examples of our practice areas include:

SEC and DOJ Securities Fraud Investigations

We represent clients that are facing scrutiny from the SEC and DOJ under federal law. The SEC and DOJ have oversight of the US securities markets, and they prioritize protecting investors against investment advisor fraud, broker fraud, stock fraud, and other fraudulent practices.

TSSB Securities Fraud Investigations

The TSSB enforces the Texas Securities Act, which applies to companies that sell stock in the state. It routinely conducts investigations targeting allegations of publishing false information, misrepresenting material facts to investors, and a wide array of other statutory offenses.

Federal Administrative and Civil Enforcement Proceedings

At the federal level, statutory and regulatory violations can lead to administrative and civil enforcement proceedings. Administrative penalties can include licensing or registration actions, while civil penalties can include substantial fines. We have extensive experience representing clients in administrative proceedings involving the SEC and civil proceedings involving the DOJ.

Criminal Proceedings in Federal Court

We also have extensive experience representing clients that are facing criminal prosecution in federal court. Federal prosecutors will often pursue a wide range of charges in these cases—including charges for crimes such as wire fraud and money laundering in addition to charges related specifically to securities-related offenses. Facing charges for any federal white collar crime carries the potential for substantial fines and prison time; and, as a result, being indicted on multiple crimes can pose enormous risks.

State-Level Securities Fraud Enforcement Actions

We also represent clients in state-level securities fraud enforcement actions in Texas. State prosecutors routinely pursue criminal charges against business executives and other individuals—including third-degree felony, second-degree felony, and even first-degree felony charges under Texas’s securities laws. Convictions in Texas court can lead to fines and jail time (or time in state prison).

Securities Fraud Investigations Can Have Serious Legal Consequences

In all cases, facing allegations of securities fraud can have serious legal consequences. As an individual, your license and professional reputation can be on the line; and, if you are accused of knowingly or willfully violating the law, you can face fines and prison time. For securities issuers and other corporate entities, allegations using untrue statements to sell securities or committing other violations of state or federal law can lead to administrative, civil, and criminal penalties—as well as a heightened risk of facing further actions from the SEC or TSSB in the future.

A Strategic and Effective Defense is Critical

With these risks in mind, a strategic and effective defense is critical. To make strategic decisions, you need to have a clear understanding of your legal options under the circumstances at hand. Since state and federal authorities can pursue a broad range of charges in these cases, it is critical to have a clear understanding of the specific allegations at hand—and this makes it essential to engage experienced defense counsel as soon as you learn that an investigation or enforcement action is underway.

Why Clients in Dallas Choose The Criminal Defense Firm

At The Criminal Defense Firm, we have a proven track record of providing effective defense representation in high-stakes securities fraud cases. Here are just some of the reasons why clients in Dallas, throughout Texas, and nationwide choose our firm to represent them:

1. We Have Experience on Both Sides of Securities Fraud Enforcement Cases

With a team that includes former DOJ prosecutors we have experience on both sides of securities fraud enforcement cases. As a result, we are well-versed in the government’s approach to these cases, and we have an intimate understanding of what it takes to protect our clients’ rights during the process.

2. We Also Defend Clients Accused of Tax Fraud, Healthcare Fraud, and Other Crimes

Along with handling securities fraud cases, we also defend clients accused of tax fraud, healthcare fraud, and other serious offenses. An effective defense requires deep knowledge of the financial regulations that apply in state and federal enforcement actions, and our broad experience allows us to use financial forensics, data analysis, and other skills to provide high-quality defense representation.

3. We Take a Strategic and Proactive Approach Focused on Pre-Charge Resolution

Proactively engaging legal counsel provides an opportunity to prevent formal charges from being filed in securities fraud cases. When clients engage us at the investigative stage, we take a strategic and proactive approach focused on pre-charge resolution. In this scenario, understanding the interaction between civil and criminal proceedings is extremely important, as defenses to criminal culpability will not necessarily protect against civil enforcement.

FAQs: Defending Against Allegations of Insider Trading and Other Forms of Securities Fraud

What are some common examples of allegations in securities fraud cases targeting brokers and advisors?

Common examples of allegations in securities fraud cases targeting brokers and advisors include excessive trading (i.e., to generate fees or commissions), providing unsuitable investment advice (i.e., selling away or recommending unregistered investments), and engaging in other forms of self-dealing. While these allegations can lead to administrative enforcement actions and civil liability in FINRA arbitration or securities litigation, they can also lead to serious criminal charges in some cases.

What are some common examples of allegations in securities fraud cases targeting securities issuers, corporate insiders, and promoters?

Common examples of allegations in securities fraud cases targeting securities issuers and corporate insiders include insider trading, filing false financial reports, and engaging in other unlawful practices focused on profiting at the expense of retail investors. For promoters, allegations of perpetrating pump-and-dump schemes are common, as are allegations of running Ponzi schemes and engaging in other forms of securities fraud that impact the public markets.

How does the SEC decide when to open an investigation?

The SEC was established by the Securities Exchange Act of 1934; and, over the past 90-plus years, it has evolved how it targets securities industry participants suspected of defrauding investors. Today, the SEC relies heavily on market surveillance to determine when investigations are warranted, and it conducts investigations based on whistleblower complaints and investor complaints as well.

When can securities fraud be prosecuted as a federal crime?

Securities fraud can be prosecuted as a federal crime when prosecutors have evidence to substantiate allegations that a defendant acted knowingly or willfully. This evidence can take a variety of forms; and, in many cases, prosecutors will rely on evidence of “constructive knowledge.” This involves proving that a defendant should have known that its conduct was unlawful.

In Texas, allegations of knowingly or willfully violating the law can lead to state-level criminal charges as well. In most cases, prosecutors will pursue third-degree felony charges, which carry fines of up to $10,000 and 2-10 years of prison time. But, criminal securities fraud allegations can also lead to second-degree felony charges or first-degree felony charges in some cases.

What should I do if I am facing (or my company or firm is facing) a securities fraud investigation in Dallas?

If you are facing (or your company or firm is facing) a securities fraud investigation in Dallas, you should engage experienced defense counsel promptly. This is a high-risk scenario, and you will need to execute an informed and strategic defense to avoid unnecessary consequences. Our Texas-based law firm is available to provide legal representation in state and federal securities fraud cases immediately.

Schedule a Free Consultation with a Securities Fraud Defense Attorney in Dallas, TX

If you need experienced defense counsel for a securities fraud investigation or law enforcement proceeding in Dallas, we encourage you to  contact us promptly. To schedule a free and confidential consultation as soon as possible, call 866-603-4540 or inquire online now.

Related pages:

Dallas 214-817-2053
Houston 713-454-7814
Detroit 313-634-0925
Baton Rouge 225-269-8749
New York 332-239-7345
Winter Park 407-890-0460
Miami 786-751-3247
Portland 207-222-7742
Nationwide 866-603-4540