Securities Fraud

Security Fraud: Title 18, United States Code, Section 1348

Ever since the 1980s, the Federal government has focused on a variety of Security Fraud prosecutions. In recent years, Federal and New York State prosecutors, along with the FBI and SEC, have intensified their review of securities trades. They have become increasingly concerned that trades are based upon material, non-public information. While some individuals may take advantage of their position or knowledge, with the increased attention from law enforcement, more and more investors are being brought into Federal criminal investigations based solely on innocent transactions. Do not be naïve. Although the burden is always the prosecutions and your Federal criminal lawyer will zealously advocate on your behalf if you are investigated or arrested for violating Title 18, United States Code, Section 1348, your claim of innocence will not stop the Federal government from potentially destroying your livelihood or career.

Inquiries focus not only on individual investors, but also on corporate entities, attorneys, accountants and others who may obtain information about securities. Most times, these transactions are innocent. Sometimes, they are not. In either case, it is important if you find yourself targeted by regulators or prosecutors, or have received a grand jury subpoena, that you find counsel that is knowledgeable of the complex legal doctrine and is experienced in handling security fraud charges in Federal and state court. The attorneys at Crotty Saland are well versed at handling all aspects of security fraud matters from investigation to grand jury to trial.

Securities Fraud: What is the Crime

Title 18, United States Code, Section 1348, states that anyone who knowingly executes a scheme to defraud any person in connection with any security or obtains by false or fraudulent means any money or property related to the purchase or sale of any security shall be guilty of Securities Fraud and punished by up to 25 years in prison and a fine of up to $250,000.

Securities Fraud: Breaking Down the Crime

Every crime is made up of elements that the government must prove beyond a reasonable doubt. In Securities Fraud arrests and ultimately trials, prosecutors must first establish that a defendant willfully engaged in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any person, including making an untrue statement. Second, the defendant’s acts must be undertaken in connection with a securities transaction. Third, the defendant must directly or indirectly use the security in connection with the scheme to defraud. Lastly, but equally important as all the elements, the defendant is required to act knowingly.

Securities Fraud: Penalties

The maximum penalty for a violation of Title 18, United States Code, Section 1348 is 25 years in prison and $250,000 fine. There are numerous factors that can raise or reduce a defendant’s position on the sentencing guidelines utilized by the courts. It is here, amongst many other places and times, that advocacy for downward departures (which in turn result in less incarceration) is pivotal.

Whether you are caught up in a Securities Fraud case not knowing your acts were criminal or merely being in the “wrong place at the wrong time,” the government does not care that your life may be left in shambles. Completely innocent or quite the opposite, the penalties and consequences of a conviction for Securities Fraud demands immediate attention to anyone unfortunate enough to be targeted by the government. Protect yourself today and your career, family and freedom well beyond tomorrow. Contact the Federal criminal attorneys at Crotty Saland PC so our advocacy, experience and knowledge can fight for you.

Call the Federal criminal lawyers and former prosecutors at (212) 312-7129 or contact us online today.

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