Daytona Beach Securities Fraud Lawyer
Many individuals view securities as a wise investment, so they frequently rely on the representations and judgment of people they trust in making financial decisions. When the person they turn to makes false or misleading statements in connection with a transaction, government officials will be aggressive in pursuing charges under the US criminal statute on securities fraud. Some of the more high-profile cases include pyramid or Ponzi schemes, but the laws also encompass numerous acts related to using false pretenses for financial gain.
If you were arrested for securities fraud, retaining an experienced attorney is an essential first step in fighting the charges. The prosecutor has a heavy burden to get a guilty verdict, and there are multiple defense opportunities throughout the criminal process. To learn how our team can assist with your case, please contact the O’Mara Law Group to set up a consultation with a Daytona Beach securities fraud lawyer. A legal summary may also be useful.
Conduct that Constitutes Securities Fraud
There are multiple types of offenses defined as unlawful under federal securities laws, including:
- Company Fraud: Executives at a company may make false statements or omit important information in connection with a stock offering which, in turn, impacts its value.
- Insider Trading: With this form of securities fraud, individuals engage in stock transactions based upon information that is not available to the public.
- Outsider Trading: Fraud charges may also stem from individuals hacking into financial systems databases, which gives them access to insider information not available to the public.
- Pyramid Schemes: A business structure in which profit is gained through subsequent investors, instead of through legitimate investment activities, is an illegal Ponzi scheme.
If convicted, you face up to 25 years in prison and a fine, which could range into the millions of dollars.
Defending Allegations of Securities Fraud
Initially, keep in mind that the prosecution must prove guilt beyond a reasonable doubt with respect to each element of a crime. Securities fraud is a specific intent crime, which means the prosecutor must have evidence that you intentionally violated the law. Plus, the nature of securities fraud investigations means that police might have been probing your activities for some time before an arrest or indictment. Under the circumstances, there may be a defense based upon your Fourth Amendment rights against unlawful search and seizure.
Our Daytona Beach lawyers at the O’Mara Law Group will develop a solid defense strategy, and may also advise you on such concepts as:
- Having a good faith belief that the statements you made were true;
- No knowledge under the Securities Exchange Act of 1934; and
- Substantial assistance, in which you might get lenient treatment for helping the government.
Our Daytona Beach Securities Fraud Attorneys are Skilled in Defense Tactics
An overview is useful for understanding the basics, but skilled legal representation is essential if you are facing charges for securities fraud. The O’Mara Law Group is dedicated to defending your interests, so please call 407-634-6604 or go online to reach our firm. We can schedule a consultation with a Florida securities fraud lawyer who will advise you on your rights.