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When you or your company receive notification of an SEC investigation, one pressing question is whether you can communicate with coworkers about the ongoing investigation.
Can You Talk to Your Coworkers?
It depends. While there is no blanket prohibition, such communications must be approached with extreme caution. Any discussion about the investigation can be seen as an attempt to coordinate stories or influence testimony, leading to charges of witness tampering or obstruction of justice.
Your employer may instruct you not to discuss the investigation with anyone. Violating such instructions can lead to disciplinary action including termination.
The Importance of Legal Counsel
Consult with a lawyer before communicating with anyone about the investigation. An experienced SEC defense attorney can:
- Provide guidance on what you can and cannot discuss
- Help you understand your rights and obligations
- Represent you in any interactions with the SEC
- Prepare you for interviews
- Ensure your rights are protected
The Risks
The SEC is particularly vigilant about any communications that could be interpreted as attempts to influence witnesses, shape testimonies, or obstruct justice. Even seemingly innocent conversations can be misconstrued and used against you.
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.
Why Clients Choose Spodek Law Group
45 seconds that explain our difference
