Recent well-publicized cases have focused attention on Securities and Exchange Commission (SEC) investigations related to securities fraud, insider trading and Foreign Corrupt Practices Act (FCPA) violations. Although the SEC says it does not handle criminal investigations (which is technically true), the information developed by its agents is frequently turned over to the U.S. Attorney’s Office or state authorities for criminal prosecution. The use of “cooperating individuals” to record conversations with others is becoming more and more widespread, as is the use of wiretaps. In most criminal cases, prosecutors level broad conspiracy charges covering complex transactions against the defendants, as well as charges of mail and wire fraud.
If involved at an early date, after a proactive and thorough investigation, Dan C. Guthrie, Jr., may be able to preempt an indictment and convince prosecutors and investigators to reach a settlement of the investigation without charges being filed against you. White collar crimes defense lawyer Dan C. Guthrie, Jr., has more than 30 years of experience defending corporations and individuals against allegations of fraud.
If you’ve been called to testify before the SEC or a federal grand jury, it is imperative that you contact Mr. Guthrie today for a consultation.
Priority of Investigations by The SEC
Some of the current issues being aggressively pursued by the SEC include:
- Insider trading
- Timing of stock option grants and stock sales
- Foreign Corrupt Practices Act (FCPA) violations
- Misrepresentation to investors
- False or misleading information in a 10K or 10Q
- Premature recognition of income to inflate profits
- Whistleblower claims
The Impact of an SEC Investigation
For many executives and CEOs, the repercussions of an SEC investigation are serious. They can face the forfeiture of stock and profits, and even face a criminal investigation or prosecution. The publicity surrounding an indictment for securities fraud, insider trading or a FCPA violation, even if there is an acquittal later, can irreparably damage the reputation of an executive or CEO. If convicted, these individuals face lengthy prison terms without parole. That is why Dan Guthrie believes in intense proactive investigation to do everything possible to prevent indictments of his clients.
Private companies often face the same scrutiny as public companies when raising venture capital. Dan has defended a number of private companies in legal matters involving false statements, misrepresentations and material omissions related to raising venture capital for private projects.
Dan has significant experience handling white collar defense cases involving securities fraud and stock manipulation. He has successfully represented numerous clients in the financial industry, oil and gas industry, real estate professionals and investment bankers. Dan is a former state and federal prosecutor, so he understands the tactics used by prosecutors to obtain grand jury indictments and convictions.
Experienced in Securities Fraud and Insider Trading
Dan has successfully defended board chairmen, CEOs, CFOs, doctors, lawyers, CPAs and entrepreneurs embroiled in complex white collar criminal investigations related to securities fraud and insider trading. He has successfully represented numerous clients in criminal investigations, as well as investigations by regulatory agencies such as the SEC, CFTC, the FBI and the IRS. See Representative Cases for more information.
If you are under investigation for securities fraud, insider trading or an FCPA violation, please contact Dan C. Guthrie, Jr. He can be reached by phone at 214-953-1000 or by filling out the intake form on the contact page.