Securities Fraud Defense Attorney

From allegations of insider trading to complex investment scams, Jeff King has secured favorable outcomes for clients facing civil and criminal securities fraud charges. As a reputable and highly experienced securities fraud defense attorney, Jeff King is well-versed in the complex regulations surrounding securities regulations, and will prepare a sound defense strategy based on your unique circumstances

Providing false, deceptive or manipulated information in investment markets for personal financial advantage is considered securities fraud. This white collar crime may be committed by securities brokers, individuals, financial analysts, business accountants, government entities and corporations. Conviction for securities fraud can not only ruin your professional career and reputation, it can result in jail time and steep fines.

Who Gets Charged With Securities Fraud?

A securities broker suspected of “churning” – persuading clients to partake in excessive trades, for the sole purpose of generating commissions
Business executives suspected of insider trading
Investment brokers suspected of making deceptive statements about a security’s value
A mid-level corporate employee of a publicly-traded company suspected of publishing a false quarterly or annual report
Corporate employees who fail to adhere to provisions in the Foreign Corrupt Practices Act
Investment club organizers who sell securities or give advice about a financial product without a registered license

Enforcement of Securities Fraud

In situations where securities fraud is suspected, a complaint is generally filed with the Securities and Exchange Commission (SEC), which was established by the Securities Exchange Act of 1934 to protect investors and help regulate the fair and orderly operation of securities markets.

The SEC has authority to swiftly investigate alleged violations of securities laws and to bring civil actions against suspected perpetrators. The SEC enforcement division utilizes many sources to gather evidence, including market surveillance activities, media reports, investor complaints and tips, reports from self-regulatory organizations and other securities industry sources.

When evidence of securities fraud exists, the SEC can ask for a court-ordered injunction that bars further actions that violate securities laws. The injunction can also mandate accounting for frauds, audits, and supervisory provisions. The Securities and Exchange Commission can also seek monetary fines, or the return of illegally-obtained profits. Enforcement actions may be referred to the Department of Justice (DOJ) for criminal prosecution.

Types of Securities Fraud

The Securities and Exchange Commission investigates and prosecutes a wide range of securities fraud cases arising from:

Insider trading or advisor misconduct
Outsider trading
Embezzlement of stocks
High yield investment frauds characterized by unrealistic promises
Questionable timing of stock option grants
Late day trading
Accounting fraud
Manipulating market prices
Ponzi schemes/investment scams
Fraudulent business corporations
Stealing customer’s funds
Stock fraud
Pump and dump tactics
Inflating reported assets through offshore accounts

State and Federal Securities Fraud Laws

Under provisions set forth in the Texas Securities Act, it is illegal for brokers to sell securities without being a registered dealer. It is also a federal crime for a broker to mislead or present false information to investors.

Under Texas Civil Statutes Art. 581-29, it is a felony to:

Engage in any fraud or fraudulent practice
Employ any device, scheme, or artifice to defraud
Knowingly make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
Engage in any act, practice or course of business which operates or will operate as a fraud or deceit upon any person

The Securities Act of 1933 and The Securities Exchange Act of 1934 are the two principle federal securities laws. These statutes identify and prohibit specific examples of misconduct in financial markets and empower the SEC with disciplinary authority. These statutes have several objectives aimed at protecting investors and prohibiting misrepresentation, deceit and other fraud in securities sales. In 2002, the government enacted the Sarbanes-Oxley Act (SOX) in response to several high-profile corporate scandals. This law mandates strict federal penalties for violating laws over the buying, selling and trading of securities.

Penalties

The majority offenses are prosecuted as felony crimes, penalties can include:

Fines of $5,000 up to $5 million dollars for insider trading convictions
Jail time of 5 years per felony offense
Probation
Restitution of funds to defrauded investors, clients or employees

“Competent and Compassionate”

I found Jeff to be a competent and compassionate advocate. As a client, he was the “voice” that I needed him to be to achieve a good result. He allowed me to communicate my needs to him and then diligently went to work to attain them. I would recommend him without hesitation.

- ReneeFraud client

“I was given a fair and positive outcome.”

With the type circumstance I had, it was not a hard case nor one that required a court visit or in front of a Judge but it did take some research and many hours of information gathering. I was given to the point, fair and accurate information by Jeffery King and he stuck with me through the whole ordeal. This was not only vital but very personable and I appreciated that to the fullest. I felt comfortable and positive through the entire situation and was given a fair and positive outcome. I thank Jeff King and his other staff that were involved for all they did.

- StevenGovernment contractor

“Prepared, Aggressive & Passionate about the Defense”

As the father of a recent active duty Air Force client of Mr. King’s, and being intimately involved day to day with the case, I can say without hesitation nor mental reservation, Jeff King is a consummate professional. Jeff was not only prepared, aggressive, and passionate about the defense, he also made the time to explain in detail every facet of the trial as it progressed. Having an attorney of Jeff’s caliber in our corner bestowed a feeling of confidence to our family, which was a critical factor in our ability to manage the stressfulness inherent to such serious allegations. Jeff prepared the entire family for every scenario, good and bad, and for that we are forever grateful. Upon receipt of the not guilty verdict and celebrating the obvious joy we felt that this “created adventure” had now come to an end, also came the realization that not only had he won this case, and with it our son’s continued freedom and innocence, but we had made a friend of the highest regard. Our family cannot thank Mr. King enough for his excellent representation on behalf of our son, but also for the lofty amount of integrity and humility demonstrated during the most trying time of our lives. Much respect and Semper Fi.

- BrentMilitary Client’s Father

“Jeff is the best!”

I thought my life was over when I was accused of a horrible crime at a general court-martial. From the moment I met Jeff, he instilled confidence in my case and showed a real enthusiasm for what he does. Be warned: Jeff will put you to work! He prepares for battle and expects you to contribute. He is confident in court and I enjoyed watching the jury respond to him. In the end, I was found NOT GUILTY to all charges! I am so grateful that I hired Jeff to defend me.

- Military Law Client

“Jeff sets the standard.”

Jeff was amazing! He handled my case through the end of the Article 32 hearing, and set the basis for my acquittal. If it had been any other IO than the one it was, I am certain it would have been dismissed right then, as all the objections he made in the Article 32 were later upheld by the Military Judge, and they been upheld at the Article 32 hearing, it would have been dismissed on the spot. His knowledge, and preparation made all the difference in my case, and his relentless pursuit of the truth showed through. He will always be my first recommendation to anyone who needs legal help.

- SPC C, US Army

Dallas Securities Fraud Defense Attorney

If you are facing an investigation by the SEC or have already been indicted, contact Dallas Texas defense attorney Jeff King to discuss your legal options during a confidential case review. By drawing on his vast litigation experience on both sides of the aisle, Jeff King can successfully defend his clients against the most serious of criminal allegations.

Additional Resources:

FBI, Securities Fraud Awareness & Prevention Tips https://www.fbi.gov/stats-services/publications/securities-fraud
US Department of Justice, Securities Fraud https://www.justice.gov/usao/priority-areas/financial-fraud/securities-fraud
Duke Law Journal, What is Securities Fraud? http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1518&context=dlj
Texas State Securities Board, Texas Securities Act & Board Rules https://www.ssb.texas.gov/texas-securities-act-board-rules

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info@jeffkinglaw.com

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JEFFERY KING, PLLC.

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