Learn more about Spodek Law Group and how we can help with your case.
When the SEC launches an investigation, company executives can face a variety of risks. This is especially true for chief financial officers. The SEC has been increasingly willing to pursue enforcement actions on a personal level.
5 Examples of Charges CFOs Can Face
- Making false or misleading statements to investors or the SEC
- Failing to comply with disclosure obligations
- Insider trading in company securities
- Falsifying financial records or failing to maintain adequate accounting procedures
- Failing to implement and maintain adequate internal controls
Potential Defenses
Lack of Knowledge or Intent
Most allegations require evidence of knowledge or intent. If you did not knowingly engage in unlawful conduct, this could provide a complete defense.
Failure of Proof
If the SEC cannot prove you violated the law, it cannot secure a conviction or obtain civil monetary penalties.
Affirmative Defenses
If your company had adequate internal controls, you may defend against allegations related to financial statements or disclosures.
Procedural Defenses
If the SEC violated your constitutional rights during investigation or failed to comply with rules and procedures, evidence may be inadmissible.
Privilege and Confidentiality
CFOs have the right to assert privilege in appropriate circumstances, including attorney-client privilege.
What Should CFOs Do?
Engage experienced defense counsel immediately as your first step. An experienced SEC defense lawyer will help understand your rights and obligations and develop a response strategy.
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.
Need Help With Your Case?
Our experienced criminal defense attorneys are available 24/7 for a confidential consultation.
100% Confidential. Your information is protected.
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.
Why Clients Choose Spodek Law Group
45 seconds that explain our difference
