Responding to an SEC Investigation: What You Need to Know
Receiving notification that you or your company faces an SEC investigation is deeply concerning. Two critical steps include securing legal representation and cooperating appropriately.
Receiving notification that you or your company faces an SEC investigation is deeply concerning. Two critical steps include securing legal representation and cooperating appropriately.
Self-reporting to the SEC represents a critical compliance decision for companies. The SEC actively encourages voluntary disclosure through incentives and enforcement actions.
Rule 10b5-1 establishes the framework for insider trading offenses and provides a defensive mechanism for corporate insiders who execute trades on a predetermined schedule.
Criminal insider trading charges carry up to $5 million in fines for individuals and 20 years imprisonment. Learn about the penalties and consequences.
The SEC Whistleblower Program provides strong protections for employees reporting securities violations, including anti-retaliation provisions under Dodd-Frank and SOX.
FINRA lacks authority to press criminal charges, but investigations can lead to prosecution by the DOJ with potential prison time.
The SEC and FINRA both have authority to impose industry bars. A FINRA bar prohibits all controlling and non-clerical services for securities firms.
Family members can face prosecution for insider trading. Each family member charged can face up to $5 million in fines and 20 years imprisonment.
All employers are prohibited from retaliating against whistleblowers. Employees who face retaliation may file claims for reinstatement, back pay, and damages.
Whistleblowers can file anonymously or confidentially. Learn the differences, which programs allow it, and how an attorney can protect your identity.