Learn more about Spodek Law Group and how we can help with your case.
When facing investigation by the U.S. Securities and Exchange Commission (SEC), the prospect of going to trial can be daunting. SEC enforcement actions are high-stakes matters, and the consequences of an unfavorable outcome at trial can be severe. While the SEC routinely settles its enforcement cases, this does not mean that it will be willing to settle in your case.
The decision to settle or go to trial is a critical one, and it must be based on a clear and comprehensive understanding of the facts at hand and the potential consequences of both options.
1. Not All SEC Settlements Are Created Equal
Most SEC investigations are resolved by settlement. But this does not mean that all settlements are the same. While entering into a settlement may allow you to avoid the risks of going to trial, it will still involve a finding of liability for some type of securities law violation.
2. Having Leverage in Settlement Negotiations Is Key
The more leverage you have, the more negotiating power you will have — and the better your chances of securing a favorable outcome. Ideally, you will want to be able to show the SEC that it will not prevail at trial.
3. In Some Cases, Settling Offers a Win-Win Solution
If you made a mistake in the past but have since cleaned up your practices, then a settlement could allow you to avoid an enforcement action. The terms of the settlement will be critical.
4. In Some Cases, Going to Trial Might Be the Best Option
If settling is not viable — either because the SEC is unwilling to settle on acceptable terms or because you believe you can win at trial — then your only option may be to prepare for trial.
5. You Can Pursue Both Settlement and Trial Preparation Simultaneously
By doing so, you can put yourself in the best position to achieve a favorable outcome. Pursuing both simultaneously can also put pressure on the SEC to settle.
6. Consider the Full Range of Potential Outcomes
This includes not only the potential financial consequences, but also the potential reputational and operational consequences as well. A settlement could involve a significant financial penalty. A trial could result in a finding of liability with significant impact on your reputation.
7. Avoiding Liability Should Be Your Top Priority
Whether this means settling or going to trial, the objective should be to achieve a favorable outcome that allows you to move forward without the burden of liability. Work with experienced legal counsel to develop a comprehensive strategy tailored to your specific needs.
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
