If you are involved in the markets, it’s paramount that you follow all the federal regulations. In North Carolina, you can easily find yourself under investigation for securities fraud (a state and a federal crime in NC) for various reasons.
North Carolina takes crimes related to securities and investment fraud very seriously. It’s critical that you contact an Asheville securities fraud lawyer as soon as you discover you are under investigation for this serious white-collar crime.
If convicted of securities fraud in the state, you could face severe repercussions like extensive fines and prison time. If you are based around Asheville, NC, you can count on Edwards Law to provide the legal defense you need to fight the securities fraud accusations against you.
Contact us at (828) 702-8743 to schedule a free case evaluation with an experienced Asheville criminal defense lawyer.
A security is an investable financial instrument such as bonds, stocks, options, bank notes, and derivatives. Securities fraud is when an individual involved with these investable financial instruments cheats, lies, or steals to obtain money from someone else for personal monetary gain. For cheating, lying, or stealing to be a securities fraud crime, it must be intentional, and the offender must stand to gain from it.
North Carolina has state securities regulations that work in tandem with federal laws.
Examples of securities fraud include:
Across the country, securities fraud is a federal crime that is usually pursued and prosecuted by the Securities and Exchange Commission (SEC). The SEC can call on the Federal Bureau of Investigations (FBI) to assist with investigations and the Department of Justice to assist with prosecution.
At the federal level, securities fraud is a Class C felony that carries fines of up to $5 million and up to 20 years imprisonment. Persons convicted of securities fraud serve an average of 5 years for each offense.
In North Carolina, the North Carolina Securities Act provides regulation to the securities industry in the state. Under this statute, it’s a violation of the law for any person or party associated with the offer or sale of any security to:
The penalties for committing securities fraud crimes violating the North Carolina Securities Act can include fines and imprisonment. The severity of the penalties you face will be influenced by the unique circumstances of your case and criminal history.
Securities fraud investigations usually commence in secret. It’s much easier for investigators to collect evidence against a securities fraud suspect when the person doesn’t know they are under investigation. Investigators will utilize tools like subpoenas, wiretaps, and computer forensics to conduct initial investigations into suspects of securities fraud.
Once the initial investigations are completed, and if state or federal agents still believe that a securities fraud crime was committed, they may seek a search warrant and execute a search of the suspect’s office or home or start interviewing people to collect more evidence. This is typically when most people discover they are involved in a securities fraud investigation.
You can be involved in a securities fraud investigation in three forms:
By the time federal or state agents in North Carolina start executing search warrants and conducting interviews, they have already collected substantial evidence of securities fraud. They will be trying to extract additional information, but many people usually tie themselves into the crime turning from “witness” to “subject” during the interviews.
Contact us at Edwards Law on (828) 702-8743 for legal assistance the moment you find out you are involved in a securities fraud investigation to avoid making such costly mistakes.
The prime responsibility of our Asheville securities fraud attorney will be to defend you. Our vast experience defending Asheville residents against securities fraud charges has enabled us to develop tip-top defense strategies we can use in your case. These top-notch securities fraud defenses include:
Securities fraud cases in North Carolina are often complex. Most legal practitioners and courts commonly misunderstand the antifraud provisions in the North Carolina Securities Act. They believe the state provisions duplicate federal law. North Carolina provisions and federal law differ in several key ways that are important for legal practitioners and courts to understand.
At Edwards Law, our team is familiar with these differing provisions. Our experienced Asheville securities fraud lawyer will leverage this knowledge to fight the charges against you to have your case dropped, charges reduced, or win you lesser penalties.
If you want the best possible outcome for your North Carolina securities fraud case, you need to hire a competent criminal defense lawyer in Asheville. At Edwards Law, we are the most reputable securities fraud defense law firm in Asheville.