SEC DEFENSE

Got an SEC Subpoena for Crypto — What Now?

April 1, 2026 1 minutes read By Todd Spodek, Esq.
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The Securities and Exchange Commission is engaged in an all-out war on cryptocurrency. After years of ignoring digital assets, the agency now treats everything blockchain-related as an unregistered security. What the public does not see is that the SEC’s “civil investigations” into crypto are really the first step in building a federal criminal case.

The 2025 Reality

Since the spring of 2024, every SEC subpoena related to crypto effectively functions as a criminal subpoena. The SEC works hand-in-glove with the DOJ through joint task forces, information sharing, and parallel proceedings.

Why SEC Crypto Investigations Now Lead to Prison

2024-2025 crypto sentences are averaging 15+ years vs. 3-5 years for traditional securities fraud. Crypto-related SEC investigations result in DOJ criminal referrals at 3x the rate of traditional cases.

Notable Crypto Sentences

  • Sam Bankman-Fried: 25 years for FTX
  • Travis Ford: 60 months for $9.4 million fraud
  • Michael Stollery: sentenced for $21 million ICO fraud
  • Do Kwon: extradited and pled guilty for $40 billion fraud

The DOJ’s Playbook

Criminal theories include unregistered securities fraud (15-20 years), wire fraud (10-15 years), and money laundering (10-20 years), plus enhancements for conspiracy, aggravated identity theft, and obstruction of justice.

You Have 72 Hours to Respond

When you receive an SEC subpoena, you have a maximum of 72 hours to respond before the agency assumes you are fleeing or destroying evidence. Do not wait, do not attempt to clarify, do not call the SEC yourself. Get a federal criminal defense attorney who understands crypto.

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Common Mistakes to Avoid

Actually Stay Silent

Most people know they have the right to remain silent but still talk to police. Anything you say can and will be used against you. Politely decline to answer questions until your attorney is present.

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Violating bail conditions, even minor ones, can result in immediate re-arrest and make it much harder to obtain bail again. Follow every condition to the letter.

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Insider Trading Allegation

*Results may vary depending on your particular facts and legal circumstances.

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