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, trickery, concealment, and/or dishonesty. 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 has expressed a strong interest in increasing the length of sentences for securities fraud. In addition, the Securities and Exchange Commission (SEC) and the National Association of Securities Dealers (NASD) may investigate and impose civil fines against corporations or individuals suspected of securities fraud.
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 any actual profit earned." 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 based on the use of other investors' money, rather than on legitimate business proceedings. Could their motivation be their disappointment in the return on investment, which was lower than they had hoped for? Remember that in a criminal case, the prosecution must prove that the defendant is guilty beyond a reasonable doubt.
Our Orlando white-collar crimes 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 they often gather "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 a smart choice for anyone under investigation or charged with a Ponzi scheme.
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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