MN Securities Fraud Lawyer | Birrell Law Firm

The Securities Exchange Commission is the primary federal agency responsible for investigating and prosecuting civil securities law violations. They often work in parallel with federal criminal prosecutors who may assist in the background until the SEC case is over. Securities fraud accusations can cover a wide range of activity, including:

Misrepresentations and omissions

Where a fiduciary relationship is involved, misrepresentation can occur by omission. That is, misrepresentation may occur where a fiduciary fails to disclose material facts of which he or she has knowledge.

Churning/overtrading

Overtrading, also known as churning, is a prohibited practice under securities law. Investors overtrade when the frequency of their trades becomes counterproductive to their investment objectives.

Market manipulation

A deliberate attempt to interfere with the free and fair operation of the market and create artificial, false or misleading appearances with respect to the price of, or market for a security, commodity, or currency.

Unauthorized trading

Unauthorized transactions are trades that a broker makes for a customer without the customer's permission or authorization.

Forgery

The making of a whole written instrument in the name of another with a fraudulent intent.

Insider trading

Trading of a public company's stock or other securities by individuals with access to nonpublic information about the company.

Failure to execute

Failure to execute trades occurs when a broker does not execute a trade ordered by an investor. This includes a broker or firm failing to obtain the best possible price during an authorized trade, failure to make the trade in a timely manner, or not carrying out a specified action at the prices clients believe they will be.

Over-concentration of investments

When you have too many of your holdings in one particular investment, class of investments, or market segment in relation to your whole portfolio.

Conversion and theft

Theft by conversion is a form of embezzlement. This occurs when an individual who has been charged with the responsibility of another individual's funds or property, knowingly converts the funds or property in a manner that is inappropriate and does not coincide with the initial arrangement.

Margin violations

When your margin account has been issued both a Fed and an exchange call and you sell securities instead of depositing cash to cover the calls.

Breach of contract

When a brokerage firm fails to keep the promises made in a contract and a client suffered financial consequences.

Breach of fiduciary duty

Investment advisers/brokerage firms might breach fiduciary duty in a number of ways. Examples include churning/overtrading, misrepresentation, and unauthorized trading.

Federal law enforcement focuses on securities fraud of all types, including high-yield investment fraud, Ponzi schemes, pyramid schemes, advanced fee schemes, broker embezzlement, hedge fund-related fraud, foreign currency fraud and late day trading. If you have come under investigation for securities fraud or other white-collar crimes by the FBI or SEC, or allegations have surfaced that you or your business has violated the Securities Exchange Act or related SEC regulations, it is crucial that you contact an experienced criminal defense attorney immediately.

Early legal representation in these kinds of securities fraud cases is critical. Not only are there potentially severe criminal penalties, but often there are also harsh civil consequences as well. Convictions for securities fraud can often result in hefty fines and lengthy prison sentences. In addition, a judge has the power to order that businesspeople who have been found guilty of violating federal securities laws can be forbidden from holding positions of power in the future, including that they can no longer serve as a director or officer of a public company.

Our team of securities fraud lawyers at Birrell Criminal Defense can evaluate any allegations against you and provide advice about the facts and laws surrounding complicated securities transactions that have been alleged to be violations of the law. We have experience in defending against investigations and enforcement actions by regulatory agencies.

These kinds of charges for fraud can impact not only your liberty, but also your professional wellbeing. You need to contact a skilled criminal defense attorney immediately if you have come under suspicion or investigation. Punishments for securities fraud under federal law can include staggering fines and terms of imprisonment.

Our Securities Fraud Lawyers

Andrew Birrell

Managing Partner

Ian S. Birrell

Associate

Have you been charged with securities fraud?

Contact our battle tested securities fraud lawyers

A highly respected, trial-focused law firm, our members include three attorneys elected to membership in the American College of Trial Lawyers, and numerous attorneys designated “Super Lawyers” or “Rising Stars” by Minnesota Law & Politics magazine. We have decades of trial and appellate experience, and the good judgment such experience brings.

Our securities fraud lawyers are resourceful, tough, and committed to our clients’ interests, and we have the ability to keep the orders, verdicts and judgments we obtain on appeal.

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