Securities fraud refers to several distinct criminal violations of federal law.
Securities fraud, like other forms of fraud, seeks to accomplish a desired result through deception, concealment, and false statements. Securities fraud is a serious offense that can carry both civil and criminal punishments. A person who has never been arrested or convicted may still face a lengthy prison sentence upon a first conviction of securities fraud. The government routinely recommends to the court lengthy terms of prison for securities fraud. In addition, the Securities and Exchange Commission (SEC) investigates violations of securities fraud and will file civil lawsuits which impose monetary penalties and the return of funds obtained in violation of law (called disgorgement) in addition to criminal prosecution by the Department of Justice.
Have you been charged with devising and implementing a Ponzi scheme in your dealings with investors and business partners? A Wikipedia article defined Ponzi scheme as a fraudulent investment operation that pays returns to separate investors from their own money or money paid by subsequent investors, rather than from funds earned from sales or other means. Have your business investors accused you of strategies of this type and are they taking the accusations to law enforcement agents?
Your business investors may claim that you were promising profits from business operations but that no actual business income occurred. Rather, payments to investors came from others who invested. Could their motivation be their disappointment in the return on investment, which was lower than they had hoped for? Securities fraud cases are usually complex. A strong defense is necessary to overcome false accusations and mistakes made by investigators.
Our Orlando white-collar crime defense lawyers find that law enforcement agents tend to overuse the term "Ponzi scheme" and misapply its definition when investigating allegations of business or investment fraud. We are also well aware of improper ways in which law enforcement often gathers "evidence" against our clients.
Talk to one of our Florida criminal defense lawyers to explore your options if you are under investigation or stand accused of securities fraud. With more than 30 years of experience in the practice of criminal law, the Law Offices of Horwitz & Citro, P.A., is the smart choice for anyone under investigation or charged with securities crimes.
To schedule a consultation, contact the Law Offices of Horwitz & Citro, P.A., in Orlando, Florida. Call our law office 24 hours a day, seven days a week at (407) 901-5852.
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