Los Angeles Federal SEC Civil Enforcement Actions Lawyer

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Los Angeles, CA Federal SEC Civil Enforcement Actions Attorney

If the SEC has filed a federal civil lawsuit against you or your company, accusing you of violating securities laws, then you could be facing serious civil penalties, injunctions, and disgorgement. Therefore, it is critical to work with a California federal SEC civil enforcement actions lawyer from the Law Offices of Marc S. Nurik, who can represent your case, help you work toward having your charges minimized or dropped, and argue on your behalf in the courtroom.

At the Law Offices of Marc S. Nurik, we have years of experience working one-on-one with clients to help them find an optimal solution to their SEC charges. We walk our clients through all stages of the SEC civil enforcement actions process, from formal investigations to SEC administrative proceedings and complex federal civil court processes. Furthermore, if your SEC case has potential criminal implications, we can represent you passionately and thoroughly throughout your criminal case.

SEC Federal Enforcement Actions in California

The Securities and Exchange Commission has the authority to enforce federal securities regulations and rules and ensure that investors are protected from deceptive or fraudulent practices. The SEC also oversees capital formation and works to create efficient and balanced financial markets.

If the SEC finds that individuals or organizations have violated securities laws, they can then bring forward civil enforcement actions. Such civil enforcement actions executed by the SEC include complex civil litigation, emergency actions, and administrative proceedings. If you are suspected of having violated securities laws in California, it is critical to contact a California federal SEC civil enforcement actions lawyer as soon as possible.

Investigations by the SEC in California

If the SEC suspects that an individual in California has potentially violated securities regulations, then they will typically launch an investigation. In the state of California, in particular, the regional SEC office in Los Angeles is a key player in securities fraud investigations, which can look into crimes such as market manipulation, insider trading, and accounting fraud. The Los Angeles Regional Office presides over enforcing securities laws in Southern California, Hawaii, Arizona, and some areas of Mexico.

In California and the United States, the SEC may choose to investigate one person, an enterprise, or a financial institution that they believe to have breached securities law and regulations, including insider trading, Ponzi schemes, and market manipulation. Investigation can be instigated by receiving tips or complaints or by a red flag that arises from surveilling the market or examining securities industry actors.

It’s important to note that the SEC provides incentives for whistleblowers to come forward with any information that could potentially incriminate someone for securities fraud charges. If the evidence is credible, then whistleblowers may be entitled to financial compensation.

Individuals under investigation may decide to cooperate with requests from the SEC, including providing certain information. It is advised to seek legal advice from an experienced federal SEC securities fraud lawyer before engaging with any requests from the SEC.

CA SEC Administrative Proceedings

If the SEC finds sufficient evidence to believe that an individual, financial organization, or corporation broke a securities law, they can then seek to carry out enforcement through administrative proceedings. Administrative proceedings are carried out before administrative law judges and can result in the following consequences:

  • An injunction is a court order that demands immediate cessation of a certain action and seeks to minimize harm or risk for investors and financial markets at large.
  • Administrative law judges in SEC administrative processes can require entities or individuals found guilty of securities law violations to pay monetary fines. The severity of the fine imposed is dependent on the seriousness of the violations.
  • This remedial act is used to have individuals or entities who have violated securities laws pay back any gains that they might have made through breaking the law. Disgorging basically means forfeiting any wrongfully obtained money.

Injunctions, fines, and disgorgement are a few tactics that the SEC can employ to punish individuals who are guilty of violating securities fraud laws during administrative proceedings. During such a hearing, an administrative law judge takes into account all of the relevant evidence against the target and comes to a reasonable decision about whether or not violations were carried out.

Based on findings of fact, an administrative law judge can decide on punitive measures that are proportional to the violations. If the target involved in the administrative proceeding does not agree with the outcome, they can appeal to the federal court. An experienced SEC administrative hearing lawyer from the Law Offices of Marc S. Nurik can help you appeal your unfavorable administrative proceedings decisions.

SEC Civil Lawsuits in Federal Court

Although the SEC can use administrative proceedings to carry out enforcement measures of financial regulations, another avenue that they can pursue is filing civil lawsuits in federal court. Through federal civil lawsuits, the SEC can seek to impose punitive measures similar to those imposed in administrative proceedings, such as fines, injunctions, and disgorgement.

As a civil penalty, the SEC may also seek out compensation for investors who were harmed by the specific violations. The maximum fines that the SEC can impose are dependent on specific statutes, such as the Dodd-Frank Wall Street Reform and Consumer Protection Act, which increased the maximum fines for certain offenses.

Settlements With the SEC in California

In some cases, it may be favorable for an accused individual or entity to settle with the SEC on an agreed payment amount outside of federal civil lawsuits or administrative proceedings without having to admit to committing the alleged violation or crime. Settlements can also include alternative remedies, such as compensation for investors who were harmed by the offense or agreement to cooperate with other pending investigations.

It’s important to understand that a settlement can be made between the accused party and the SEC at any point in the enforcement actions process, from early in the investigation phase to the formal charge filing. By working with an informed and experienced SEC enforcement actions defense lawyer, you can strategize to come up with an optimal settlement, should it be necessary for your case.

California SEC Emergency Actions

The US Securities and Exchange Commission can opt to carry out emergency action provisions in the state of California as well as across the country, taking action against pending or current securities law violations that can threaten investors or the market at large. These quick and efficient responses taken by the SEC can prevent further financial damage from happening to people or institutions. The following options are available to the SEC through emergency actions:

  • Temporary Restraining Orders. It is possible for the SEC to implement a temporary restraining order by means of an emergency action. A temporary restraining order is a kind of court order that offers swift and temporary relief, stopping certain practices that are reasonably suspected of breaking securities laws.
  • Appointment of Monitors or Receivers. A receiver or monitor may be appointed by the SEC to make sure that specific assets that may have been obtained by illegal means are kept frozen so that they can potentially be returned to their original proprietors. They are typically tasked with protecting vulnerable investors, handling the situation in a swift and orderly manner, and adequately controlling assets or financial operations.
  • Freezing of Assets. The SEC can issue a court order to freeze certain assets in the case of an emergency. If the assets in question were believed to have been obtained illegally, then they could plausibly be subject to recovery. Such freezes help ensure that victims of an illegal scheme can potentially get their money back.
  • Trading Suspensions. If the SEC has probable cause to believe that the integrity of financial markets is at stake, they can stop trading in certain securities or markets at large. Trading suspensions are called for by the SEC to keep a stable financial market.
  • Ex Parte Filings. Ex parte filings are legal document filings with the federal courts without giving initial notice to the suspected individual or entities in the case. By conducting an ex parte filing, the SEC can move on a case more quickly.
  • Coordinating With Agencies. The SEC can carry out its emergency actions in tandem with other key federal agencies as well as California state bodies.

In addition to the aforementioned actions that can be taken to take charge of an emergency situation, the SEC can put out public statements in order to let key financial institutions and stakeholders, as well as investors, have an awareness of what is occurring. In emergency situations, the SEC seeks to maintain transparency in order to keep a stable market.

Emergency actions carried out by the SEC are generally part of a larger framework of proceedings and enforcement strategies in order to administer justice and restore balance to a situation of securities violations. The SEC’s Enforcement Division implements emergency actions and investigations with the aim of stopping and preventing further financial harm while working within the confines of due process and the criminal process.

People, businesses, and financial institutions that are subject to emergency actions or investigations have rights under the law to challenge the order through certain legal means. If you or your company is facing an emergency action, such as an asset freeze, an appointment, or monitors or receivers, an SEC Civil Enforcement Actions Lawyer can represent you and inform you of your options to contest the court orders.

The SEC Whistleblower Program

The SEC offers certain incentives and protections to individuals within a financial institution, corporation, or other entity who come forward with valid evidence that can incriminate another person in violation of securities laws. If the provided information leads to an enforcement action, then the whistleblower may be entitled to financial compensation and protection from penalties.

The whistleblower program was enacted into law in 2010 under the Dodd-Frank Wall Street Reform and Consumer Protection Act. Whistleblowers are allowed to submit tips anonymously to the SEC or through a lawyer. Anti-retaliation measures are in place to prevent any institutional backlash against the whistleblower.

Industry Sanctions

The SEC has the ability to impose monetary sanctions on individuals, corporations, and financial entities found to be in violation of securities laws. Furthermore, the SEC has the authority to suspend or permanently block certain individuals from working in securities, including jobs such as investment advisors and bankers. They can also suspend or revoke titles and licenses of individuals found to be in violation of regulations.

Why Hire a Federal SEC Civil Enforcement Actions Lawyer?

While the SEC may be carrying out investigations against you or your organization and working toward implementing civil penalties and other punitive measures, there may be parallel criminal investigations occurring. In cases when securities violations are found to have seriously violated the law, the U.S. Department of Justice may be working to build a case against you.

Therefore, it is critical to work with an experienced civil enforcement actions lawyer who can advise you on your rights, the potential proceedings against you, and subsequent possible consequences, as well as steps you can take to mount a strong defense. By working with fierce and loyal legal representation, you can protect your interests, your reputation, and your rights.

Contact a California Federal SEC Civil Enforcement Actions Lawyer

If you are facing civil enforcement actions from the SEC related to accusations of securities misconduct, such as accounting fraud or insider trading, then a dedicated federal criminal defense lawyer from the Law Office of Marc Nurik can represent your case, helping you contest the allegations that the SEC has brought forward against you.

An experienced attorney from our California law firm can assess all of the details associated with your case, helping you implement a comprehensive defense plan to keep your rights and reputation intact. They can help you explore your options, considering the merits of SEC negotiations and cooperation for your case, as well as appeals against proceeding decisions.

Individuals and entities facing SEC enforcement actions have the right to legal representation and may contest the allegations through appropriate legal processes. Get in contact with our SEC civil enforcement actions law firm today to get started.

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