Securities are financial instruments like stocks, bonds, options, and derivatives. Securities fraud is when somebody uses security to obtain money from somebody else in a fraudulent manner. Securities fraud prosecutions are commonly seen in situations where people trade on the basis of insider information, or in Ponzi schemes, selling stock in non-existent corporations, and when people publish deceptive information to manipulate the value of stock prior to sale.
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Stockbrokers can find themselves under investigation for securities fraud when they trade without a client’s authorization, invest a client’s money without suitable diversification, sell and buy stock a client’s behalf rapidly and seemingly for the purpose of obtaining commissions based only on the repeated sale (known as “churning”), or make trades that are not suitable for a client’s purpose.
Federal investigations often begin without the target of the investigation knowing they are being investigated. Federal agencies will use their nearly unlimited resources to collect evidence by means including wiretaps, subpoenas, and computer forensics to investigate. Once this phase of the investigation is completed, and law enforcement suspect a crime has been committed, they may move on to using search warrants of homes, businesses, and electronic devices.
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From this point onwards they are likely to move on to interviewing witnesses and targets of their investigation. If you believe you may be a witness or target of an investigation and a federal law enforcement officer wishes to interview you it is well within your rights to say you want to speak with a lawyer prior to being interviewed. An attorney can help you prepare for that part of the investigation by working with you on what to say and how to talk about what you witnessed and whether there are questions you shouldn’t answer.
If you have been charged with securities fraud a skilled Denver securities fraud defense attorney is essential. Get in touch with experienced Denver securities fraud defense attorney Jason Savela by calling (720) 821-1001.