Insider Trading Defense Lawyer
The news stories are rampant about insider trading which basically means people are getting inside information and using that information when it comes to stock or bonds or some sort of government securities and gaining money from that secret information. For example, if someone were to hear that a company was going to be sold from some inside source, and then take advantage of that information in order to either sell of purchase more stocks of that company so they can gain a financial benefit, then this could certainly be construed as insider trading.
The term “insider trading” as it relates to federal criminal defense is very broad. It can include a lot of different things under Federal Securities Law. Basically, the government is looking out for those individuals who are taking advantage of information that the rest of the public doesn’t have. So, if you have a situation where you or a loved one is facing insider trading allegations, obviously you don’t want to talk to the government about it. You want to get to a federal criminal defense attorney who is familiar with the jurisdiction where your case is pending and who is familiar with the type of charges that can flow from an insider trading prosecution.
Basically, what the government is going to do is, figure out what you have done, figure out what evidence they have to prove it and then once they have that information laid out, they’re going to make the decision of what charges are relevant or applicable to your actions.
Developing a Solid Defense Strategy
One thing that a good federal criminal defense attorney can do in an insider trading case is give the government the other side of the story. In other words, a lot of times the government doesn’t have all the pieces of the puzzle when it comes to a federal prosecution for insider trading or any other crime that is being prosecuted under the United States Code. It’s up to the defense attorney to sit down with the government and speak to the Assistant U.S. Attorney in the right case and explain to them the other side of the equation. Because once this is done, then other evidence can be gathered that supports this defense or at least this explanation of what has happened to either lessen the blow to the defendant or avoid charges altogether, or get charges dismissed that have been filed against a particular individual.
So, what I have you do if you’re charged with insider trading and you’ve got the government coming at you is, we sit down and go over the entire case and then we make our strategic decision as to exactly what the feds were going to employ. Do you have a defense or is this a case where we need to work out some sort of a plea bargain with the government?
The next thing we’re going to be looking at is, in this insider trading situation are you going to be able to get out of custody while the case is pending. That’s crucial to a lot of people. They need to still work, make money, support their family and pay their bills. Of course, nobody wants to go into custody. So, these are all things that are taken into consideration. We get our game plan together and we move forward with that game plan so that we can try to avoid some of the penalties that come along with these federal convictions where people are serving 85% of their time, taken away from their family, lose their job and have the inability to pay the government back. If they were good for an insider trading prosecution, the government is going to want to get the money for the company, business or entity that lost it related to the insider trading activity.
The Federal Government has very strict laws against insider trading because it does raise the cost of capital fir issuers of securities and decreases economic growth. Therefore, the Feds take extreme measures to enforce these laws and if you have been charged with insider trading by the government, it is important to retain a federal criminal defense lawyer.
Consult with Our Federal Defense Attorneys
Our law firm understands the federal laws and procedures that can be overwhelming and that is why we are available to assist you and help you. Our goal is to get you the best possible results as we fight and argue your case persistently and aggressively.
Insider trading occurs when a person has inside knowledge on a company’s dealings and uses that information to trade stocks. Through the course of insider trading, there is a breach of fiduciary duty because the person is using confidential, non public information for personal gain. Federal law makes it a crime to use inside information t buy or sell stocks. The SEC (Securities and Exchange Commission) and many different stock exchanges monitor trading, looking for activity which is suspicious. Proving responsibility for inside trading is difficult and the burden of proof is on the prosecution. As your attorney, we use our skill and knowledge to formulate a legal strategy on your behalf. We want to get you the best results possible.
If you or someone you know is facing federal charges of insider trading, you do not have any time to waste. So, pick up the phone. Make the call today. We’ll sit down and talk about it. We’ll see if this really is an insider trading case and if it is, what can be done to help you.