Securities fraud is a serious charge with federal implications. Marked by the intentional misrepresentation of investments, stocks or trades for profit, those charged face decades in prison and mounting fines.
Understand the best ways to defend yourself against securities fraud charges to improve your chances of an acquittal.
No proof of falsification
Securities fraud must involve some type of intentional misrepresentation or fraud. If the prosecution cannot prove the falsehoods with clear evidence to the contrary, you might beat the charges.
You faced coercion
Entrapment by the federal government or coercion under the threat of harm to yourself or your family may prove a sufficient defense. If someone guided you into the actions that led to the charges, present your defense accordingly.
No intent to deceive
Another requirement for conviction of securities fraud is clear intent. Casting any doubt on intent can lead to acquittal. That means it must be clear that the actions in question would result in the crime that occurred. Misunderstandings, misinterpretations or good faith can be sufficient to cast doubt.
Evidence is key in securities fraud cases. Thorough documentation must exist to show planning, intention and follow-through. Even one or two missing bank statements or transaction records can cast enough doubt on the accuracy of the charges to avoid conviction.
Facing securities fraud charges is serious and requires appropriate treatment. Crafting an adequate defense is important, and these are a few of the most common approaches. Consider your specific situation and evaluate each option to decide which path is most effective for your case.