Securities & Commodities Fraud
Due to the huge financial losses and economic stress that securities and commodities fraud places on both individuals and the economy, federal agents and prosecutors diligently and aggressively target alleged fraudsters. And the penalties can be massive. In order to fight the charges, you need the help of an experienced and capable securities and commodities fraud attorney. At Grabel & Associates, our federal lawyers will provide a no-stones-left-unturned legal approach combined with aggressive criminal defense strategies to keep you out of jail.
For a free consultation with our law firm, call our federal criminal defense lawyers today at 1-800-342-7896.
Integrated global markets have provided a whole new variety of investors with the means to expand and diversify their stock portfolios. At the same time, however, this growth has also led to an increase in the amount of fraud and misconduct in the securities and commodities market. Known as securities and commodities fraud, this white-collar federal crime is essentially characterized by deceptive practices designed to induce investors to buy or sell based on false information.
Federal Laws Regarding Securities and Commodities Fraud
Similar to many other types of fraud offenses, securities and commodities fraud typically involves complex schemes that induce others to put forth money or assets on false pretenses. To curb this type of fraud, it is a crime at both the state and federal level, and federal agencies such as the Securities and Exchange Commission (SEC) and the FBI play a major role in investigating and prosecuting individuals suspected of committing fraud.
A securities fraud offense violates one or more of the following federal statutes:
- The Securities Act of 1933
- The Securities Exchange Act of 1934
- The Trust Indenture Act of 1939
- The Investment Company Act of 1940
- The Investment Advisers Act of 1940
In many cases of fraud, there are similar individuals who are charged. These people often include:
- Corporate executives suspected of insider trading
- Business executives suspected of falsifying accounting entries
- Investment brokers suspected of misrepresenting financial products
It is important to note that this type of fraud doesn’t always involve high-level corporate officers, and in some cases, a securities and commodity fraud scheme didn’t violate one or more of the above federal statutes.
Types of Securities and Commodities Fraud Schemes
Fraud has always been an ever-growing field, and sometimes, fraudsters are one step ahead of the federal agencies. As such, fraudsters are constantly coming up with new types of schemes. Some of the most common types of securities and commodities fraud include:
- Ponzi schemes
- Pyramid schemes
- Prime bank investment fraud/trading program fraud
- Advance fee fraud
- Promissory note fraud
- Commodities fraud
- Broker embezzlement
- Market manipulation
Another common type of fraud is individual securities fraud. In this type of fraud, market insiders disseminate false or misleading information in an effort to influence stock prices. Corporate securities fraud, on the other hand, occurs when corporate employees use their business to carry out fraudulent schemes. Sometimes, these corporate employees misrepresent or withhold information about the corporation in public filings in an attempt to influence stock price. Other types of fraud may include microcap fraud, boiler rooms, and “short and distort” practices.
Penalties for Securities and Commodities Fraud
Generally, when federal agents investigate suspected fraud, they are seeking to charge everyone involved with the scheme. A conviction for securities fraud, however, can result in massive penalties, including both civil and criminal penalties.
- Fines for securities fraud often depend on the circumstances. Insider trading, for example, can result in upwards of $5 million in fines. Other types of securities fraud can result in fines of $10,000 or more.
- Imprisonment for securities fraud can include a 5-year federal prison sentence per offense.
- Restitution is a common penalty in cases of securities fraud because this type of fraud often involves investors, employees, clients, or others who suffer a financial loss.
The Importance of a Securities and Commodities Defense Lawyer
Most cases of securities and commodities fraud involve a wide array of complicated facts and extensive federal investigations. Furthermore, due to the fact that a conviction can result in lengthy imprisonment, huge fines, and a ruined career, you should speak with a federal crimes defense lawyer as soon as you discover that you’re under investigation or under arrest. With the help of a Grabel & Associates attorney, we will fully evaluate the case and provide crucial legal advice regarding your next steps moving forward. Moreover, we will tirelessly work to develop our own evidence challenging the prosecution’s narrative and evidence.
To get started on your case, contact our federal fraud attorneys today by dialing 1-800-342-7896. Free emergency consultations are available 24/7.