For lawyers, all cases bring their own complex facets to the courtroom. However, there are a certain number of precedents to find out when clients are under investigation of criminal fraud and related securities execution.
1. Federal criminal investigation is conducted by the US Attorney's office and the grand jury and may or may not be done simultaneously with the SEC investigation.
2. As with criminal cases, you can generally claim the fifth amendment privilege to self-statement in the SEC investigation or litigation. This may not be true for responses to SEC discovery requests.
3. The investigation by the Securities and Exchange Commission (SEC) is a civil execution lawsuit and a civil action may be brought in the Federal Court.
4. Although the SEC lawsuit is an enforcement case, it is essentially citizenship, seeking injunctive relief, misuse of unjust enrichment, and civil penalties.
Evidence obtained during the investigation or litigation of the SEC may be used for criminal prosecution.
6. Statements made by the person during the investigation of the SEC or during the SEC litigation may be used for criminal prosecution by the US Attorney's Office.
7. SEC investigation will not automatically lead to criminal, grand jury investigation.
8. During the investigation of the SEC, we have the opportunity to present why the client is not sued by the SEC.
9. SEC investigation may be the result of administrative procedures heard before the SEC's administrative law judge hear.
10. In the administrative proceeding, the SEC has issued an order to prohibit clients in the securities industry, such as broker-dealers, stock promoters or other customers who participated in a scheme suspected of stock price fraud or stock price manipulation Sometimes seek.
11. The SEC may seek to prohibit executive officers and board members from taking their position as they raise the case, based on fraud schemes or schemes to manipulate the stock price.
12. The court shall supervise ongoing projects that the SEC has sued for fraud or other prohibited acts and receive receipt of assets that can be used to pay expenses and / or return to investors You can appoint a person.
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