Allegations of securities fraud, hedge fund fraud, investment fraud and insider trading can be particularly challenging because they may involve two prosecuting entities. Of course, state and federal criminal prosecutors may investigate and pursue criminal charges that could lead to incarceration for the accused, if the charges result in a conviction. The Securities and Exchange Commission (SEC) may also investigate and file a civil lawsuit against the accused. If successful, this lawsuit can result in treble damages. This means that the accused could be responsible for paying three times the amount that was allegedly gained through the fraud.
If you have been accused of insider trading, profiting from a Ponzi scheme or a similar form of fraud, you want to be represented by a lawyer who understands the nuances of handling a criminal and civil case simultaneously. When you retain our law firm, both your criminal and civil case will be handled personally by John D. Kirby, a Cornell Law School educated lawyer and former federal criminal prosecutor with more than 20 years of experience.
Defense Strategies in Investment Fraud Cases
At the California Law Offices of John D. Kirby, A.P.C., our defense strategy begins with trying to shut down the criminal case. Our priority is to keep our client out from behind bars. That means working with criminal prosecutors as early as possible, preferably during the investigation stage, if our client contacts us in time. We will attack the evidence, striving to mitigate or eliminate white collar crime charges.
The evidence in the SEC’s civil case will overlap, but the reality of civil lawsuits is that the standard of proof is lower than in criminal cases. Furthermore, the SEC has a very different process. Following an investigation, they send a formal letter stating their intention to file a lawsuit. We respond to that letter, beginning a back in forth in which we attack the elements of the case that we do not believe the SEC will be able to meet. We work to prevent the filing of the lawsuit. If it is ultimately filed, we will go to trial as necessary to succeed.
Free Consultation With a San Diego Investment Fraud Attorney