When dealing with the Securities and Exchange Commission, you want to be represented by an attorney familiar with the subject matter. Listed below are some of the things to consider when choosing an SEC attorney to represent you. They also should know federal securities laws. This article also includes some questions you should ask the defense lawyer you consider.
SEC attorney’s knowledge of federal securities laws
A SEC attorney’s knowledge of federal securities law is essential in a legal dispute. The SEC is a federal agency whose mission is to facilitate capital formation and protect investors from unscrupulous practices. Accordingly, the SEC makes information about securities laws available on its website. These resources include the Financial Reporting Manual, Compliance and Disclosure Interpretations, and no-action, interpretive, and exemption letters.
An SEC attorney’s knowledge of federal securities law is critical for a successful outcome. The SEC has extensive authority to investigate possible violations of the federal securities laws. Initially, these investigations are private and often involve informal questioning, reviewing data, and interviewing witnesses. Eventually, the Enforcement Division will make recommendations to the Commission regarding whether to initiate criminal, civil, or administrative actions. In many cases, they are reaching settlements before trial.
A SEC attorney can help victims of fraud pursue civil lawsuits against the SEC. Creditors, investors, or the elderly may be among the victims. Federal securities laws protect whistleblowers. The SEC and NASAA defend investors’ rights, including receiving copies of all agreements and statements. It ensures that investors do not pay too much for services. This knowledge will also help SEC attorneys build strong cases.
Experience representing clients in SEC investigations
SEC enforcement investigations involve various individuals and entities fueled by whistleblower incentives. Public companies, however, need counsel with a thorough understanding of the SEC’s investigative process. A well-experienced attorney responded to subpoenas for documents, represented clients in SEC hearings and testimony, and conducted internal investigations. Our SEC practitioners have extensive experience in this area and will be happy to discuss your needs.
They have represented investment bankers, broker-dealers, and investment advisory firms under investigation by the SEC. They successfully defended a top executive of an investment bank during a SEC investigation and obtained a favorable settlement for a client. They may have also supported a company in securities class action suits and DOJ investigations. They handle such evaluations regularly. Most of these lawyers are experienced with the nuances and deadlines involved in such cases.
Questions to ask an SEC attorney
When a potential investor wants to consult with an attorney about securities law, a few questions to ask an SEC attorney are vital to the case’s success. Unfortunately, one of the people’s most common mistakes is answering innocent and unintentional questions. An attorney may use these answers against them, misconstruing them to build a case against the person. It is especially true of voluntary solutions. Therefore, you should make sure your attorney can answer any question in this manner.
First, you must understand how SEC staff frames their questions. They’re seeking to gather information about the individual’s background, professional qualifications, and role in the firm. Each question relates to the primary purposes of the SEC. For example, the examiner is interested in learning how the advisory firm conducts its activities, whether it commits to a culture of compliance, and how it manages risk. Your attorney can help you prepare for your subsequent SEC examination by knowing how to frame questions appropriately.
Second, the SEC will typically ask defendants to agree to a consent judgment. A consent judgment typically provides monetary relief and an injunction against future violations. These sanctions are usually equal to the Commission’s award. The SEC attorney should not attempt to negotiate lower relief because they believe a case is weak. For this reason, it’s crucial to choose an attorney who specializes in securities law. If they cannot answer these questions, you may want to reconsider your choice.