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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.
Reduction in pretrial jail population since NJ bail reform implementation.
Source: NJ Judiciary Annual ReportApproval rate for properly filed expungement petitions in NJ.
Source: NJ Courts Statistical ReportCommon 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.
Bail Conditions Are Enforceable
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.
Proven Track Record
Recent Case Results
*Results may vary depending on your particular facts and legal circumstances.
SEE ALL CASE RESULTSWhat Our Clients Say
"Facing an SEC investigation was terrifying. The Spodek team negotiated a resolution that preserved my career and my reputation. Their knowledge of securities law is unmatched."— David A., SEC Defense Client MORE REVIEWS
Lead Attorney & Founder
Todd Spodek
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience to every case.
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Frequently Asked Questions
New Jersey reformed its bail system in 2017. Instead of a cash-based system, judges now use a Public Safety Assessment (PSA) to determine whether a defendant should be released pretrial. Most defendants are released with conditions, while those deemed high-risk may be detained. An experienced attorney can argue for favorable release conditions at your detention hearing.
No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say to police can be used against you in court. Politely invoke your rights by saying "I want to speak with my attorney before answering any questions." This cannot be held against you.
Attorney fees vary based on the complexity of the case, the charges involved, and whether the case goes to trial. At Spodek Law Group, we offer transparent pricing and flexible payment plans. We provide a free initial consultation to discuss your case and give you an honest assessment of costs. Investing in quality representation often saves far more in the long run than choosing the cheapest option.
An arraignment is your first court appearance after being charged with a crime. The judge will read the charges against you, and you'll enter a plea (usually not guilty at this stage). The judge will also set bail or release conditions. Having an attorney at your arraignment is critical, as they can advocate for favorable bail terms and begin building your defense strategy from day one.
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