Securities and Investment Fraud Lawyer
Boyle & Jasari has extensive experience representing clients accused of white collar criminal offenses. Although non-violent, white collar crimes are usually prosecuted severely in federal court. Securities and investment fraud is a type of white collar crime that requires specialized knowledge in the field. If you or a loved one has been accused of fraud, our securities & investment fraud lawyers have the expertise and skill to advocate on your behalf.
The term “security” is a broad term that encompasses several types of investments, such as corporate stocks, investment contracts, municipal bonds, banknotes, and more. Securities and investment fraud occurs when a person cheats, lies, steals or uses some other method of deceit in an attempt to gain a financial advantage.
Though many people consider securities fraud a “victimless crime,” the government takes a harsh stance against it. If you are convicted of this white collar crime, you face years or even decades of prison time, hefty fines and possibly other criminal charges. An experienced criminal defense attorney can help you build a strong defense and aggressively fight for your freedom.
Contact Boyle & Jasari to discuss your case with experienced securities and investment fraud lawyers today. Schedule a consultation for your case or call (202) 798-7600.
Why Choose Boyle & Jasari?
If you or a loved one believes they are under investigation for securities and investment fraud, you need a skilled and experienced white collar criminal defense lawyer. White collar offenses are often complex due to the financial nature of the crimes.
Attorney Dennis Boyle is highly accomplished in white collar criminal matters. Notably, he has received the Nationally Ranked Top Ten Attorney’s Award, the American Bar Association Award for Professional Merit, an AV Preeminent rating from Martindale Hubbel, and has been recognized as one of Washington DC’s Super Lawyers since 2011.
Securities and investment fraud are usually tried in federal court. However, not all criminal defense attorneys are admitted to practice in the federal court system. As a certified criminal trial specialist by the National Board of Trial Advocacy, Attorney Dennis Boyle is admitted to practice in federal courts in the District of Columbia, New York, Pennsylvania, Maryland, Alaska, and numerous others. He has won numerous landmark cases in criminal and white collar criminal matters.
Attorney Dennis Boyle has tried over 200 criminal jury trials in state and federal courts throughout the United States. If you or someone you know has been accused of securities or investment fraud, contact our dedicated team at Boyle & Jasari today and schedule a consultation of your case.
Seek Help From a Securities and Investment Attorney
White collar crimes are typically prosecuted and sentenced with the intent to deter others from committing the same crime. While that statement can be true of all legal sentencing, white collar crime penalties have seen significant increases in severity, including the length of prison terms. The White-Collar Crime Penalty Enhancement Act, passed in 2002, focused on various forms of fraud and dramatically increased penalties. In addition, the Sentencing Reform Act of 1984 eliminated the possibility of parole for federal crimes. In many cases, accusations of white collar crime lead to multiple charges. For example, a person may be charged with securities fraud and wire fraud due to an alleged scheme to defraud investors through a mutual fund they founded. If convicted on both counts, the length of time in prison without the possibility of parole could add up to a near-life sentence.
With your reputation, career, family, wealth, and freedom at stake, the most important step you can take is to seek immediate counsel. This is especially true if you have not been charged but are aware of an investigation. In our attorneys’ vast experience, most cases are won or lost before trial. In some instances, a thorough investigation by a white collar criminal defense attorney can persuade the prosecution to dismiss the case. If your case must continue to trial, the exceptional staff of Boyle & Jasari are experienced trial lawyers who are skilled in complex federal and white collar crimes.
Securities Fraud Is a White Collar Crime
Securities and investment fraud are white collar crimes, meaning they are non-violent and are typically committed by businesspersons who work within the financial sector. White collar crimes do not involve theft in the traditional sense, such as burglarizing a home or holding someone up at gunpoint. Rather, offenders often conduct their misdeeds via email, over the phone and through extravagant paper trails.
White collar criminals are often smart and savvy, and many times, they work secretly with others within and without their organizations to accomplish their objectives. Because white collar crimes are a specialized sort of crime, defending yourself against a charge requires a lawyer who is familiar with securities and investment schemes and the laws that govern them.
Federal and State Legislation That Governs Fraud
Both federal and state laws govern securities fraud crimes. It is essential that you work with an attorney who understands both. Below is a brief overview of acts designed to prevent investment fraud crimes from occurring:
The Securities Exchange Act of 1933: This act is the first federal legislation designed to regulate the stock market. It serves two major purposes: to ensure companies are more transparent in the financial statements they provide to investors and to establish laws against fraudulent activities and misrepresentation regarding securities.
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Passed into law in 2010, this act tightened the regulation of financial products and enhanced consumer protections by increasing corporate governance.
Investment Company Act of 1940: This act aims to minimize and regulate any conflicts of interest between companies and businesses who are involved in the trading of stocks and bonds.
The Trust Indenture Act of 1939: This act prohibits the sale of securities to the public without an official agreement between the bondholder and issuer.
Sarbanes-Oxley Act of 2002: This act aims to encourage corporate responsibility by outlining several reforms.
The District of Columbia also has its own laws pertaining to securities and investment fraud. A skilled criminal defense lawyer can explain those laws more in-depth and help you understand how each applies to your case.
Common Types of Securities and Investment Fraud Crimes
According to the FBI, securities fraud occurs when a person or entity deceives or attempts to deceive investors, or when he, she or it manipulates or attempts to manipulate the markets. Investment fraud falls under the umbrella term of securities fraud and typically involves promises of a low-risk and high-return, overly consistent returns, guaranteed returns, unregistered securities or complex strategies. Common examples of both types of crimes are as follows:
Ponzi Schemes: Ponzi schemes are the most well-known type of investment scheme. This type of fraud usually involves the promise of high returns to investors. To create an illusion of high returns, the operators of the scheme recruit more investors to contribute more funds. They then cycle the invested funds to the various investors, with older investors receiving more money. These schemes are not really successful, and they are illegal, as the only people who really profit from them are the creators of the scheme.
Pyramid Schemes: There has been a resurgence of pyramid schemes in recent years, as they look legitimate, and many Americans are enticed by the prospect of getting rich quick by working from home. In this type of scheme, participants pay to enter. They then receive bonuses for recruiting new participants. The money from new participants goes to investors higher up on the “pyramid.” To create the façade of a legitimate company, the operators present a product that participants must sell to earn an income. The truth is, however, that the product usually makes little to no money, and the creators of the scheme rely on the enrollment of new investors to profit.
Pump and Dump: The pump and dump scheme is one you may be familiar with due to the Hollywood hit, “Wolf of Wall Street.” In this type of scheme, smooth-talking telemarketers use high-pressure sales tactics to convince everyday consumers to buy questionable stock. Once enough people purchase the stock and, therefore, increase the demand, the operator sells the stock for a large profit, thereby depleting both demand and price, leaving investors with a major loss.
Insider Trading: Insider trading involves the trading of securities or stocks by a person who has access to not-yet-public information.
Churning: Churning occurs when a stockbroker buys and sells stocks at a rapid rate for the purposes of generating commissions. This is illegal because the broker typically churns stocks at the expense of clients’ profits.
The five aforementioned crimes just touch on the types of securities and investment fraud crimes a person can commit. Other types of fraud include bribery, misrepresentation, forgery, extortion, identity theft, money laundering, falsifying business records, embezzlement and real estate investment trust fraud, to name a few.
When To Contact an Experienced Securities and Investment Fraud Lawyer
A conviction for investment or securities fraud can have devastating consequences for anyone involved, regardless of the extent of involvement. Penalties include but may not be limited to millions of dollars in fines, a lengthy federal prison sentence, probation and restitution. Collateral consequences may consist of a tarnished reputation, ruined career and destroyed relationships.
If you are under investigation for investment or securities fraud, the best thing you can do is to contact a criminal defense lawyer right away. Boyle & Jasari are familiar with securities and investment fraud crimes, the complicated regulations that govern securities transactions and viable defenses, and the firm is prepared to go up against the government to fight the charges against you. Time is of the essence in these types of cases, so do not hesitate reach out to the securities and investment fraud crimes lawyers at Boyle & Jasari.