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INSIDER TRADING DEFENSE LAWYER

These days when you talk about Martha Stewart you probably also mention how she was convicted of insider trading at one point in her life. She even served some time in jail for her offense. That may be a bit of an outlier of a case, but it is still important in the grand saga of Martha Stewart. It points to the fact as well that the Securities and Exchange Commission (SEC) takes insider trading extremely seriously. They will pursue cases and crack down on those who think that they can pull one over on them.

To be completely clear, a good definition of insider trading is provided by Investopedia.com. They say essentially that insider trading is when a market participant in a security trades on knowledge that is not commonly known to the public. They are benefiting from having some kind of inside knowledge that others do not know about. This gives them an unfair leg up and ends up hurting some other investor at some point down the line.

The SEC has become increasingly intense when it comes to chasing down those who are committing the crime of insider trading. They do not want anyone to think even for a moment that they can get away with something like this. They are even going after those who have committed this crime on a small scale. They have to try to prove that no one is above this law. If you have done something that could be deemed as insider trading, you will be pursued by the Securities and Exchange Commission.

What Happens?

If you are under investigation by the SEC for insider trading you will first receive a phone call from the organization. They will call you to try to get you caught off balance and provide whatever information to them that they can possibly get out of you. You must be resistant to those calls. You have to make sure that you tell them to speak to your lawyer. Remain polite but firm in your assertion of your rights. You have those rights there to protect you against an ambush like this.

After the phone call that you get you will receive official paperwork from the SEC in the form of a subpoena. This will tell you that you have to appear in court at a certain point in time. You must react to those pieces of paper by turning them over to your lawyer and getting his or her advice as to how you should react.

SEC Fact Finding Mission

The SEC will go on a fact-finding mission as it were to figure out what you knew about the trades that you made, when you knew those bits of information, where you found that information from, and if the public also knows the things that you know. They are also interested to see if you specifically traded on the inside knowledge that you have obtained.

The organization will collect the information that they can on you and then provide the documents that they have on you to ask you to testify about the information that they have on your specifically. They want to have you answer to the facts that they have collected on you.

The Risks Associated

Keep in mind that you have a lot of risks associated with an insider trading investigation. You are facing a high-stakes situation in which you could end up having to pay big fines, have licenses taken away, or even go to prison. You have to think about these things if you are going to be worrying about how you will take on the SEC and defend yourself against whatever they may try to throw at you.

You have the right to defend yourself, but it is always advisable to hire an attorney who specializes in this particular area of the law. They are going to have a lot more knowledge about how to keep you safe from prison and the other penalties that you might have to pay. They know how to work through the court system and land you at the results that you have been hoping for this whole time.

by Leonard on Spodek Law Group
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