Learn more about Spodek Law Group and how we can help with your case.
If you face investigation by the U.S. Securities and Exchange Commission or have received a subpoena or civil complaint, you need an experienced securities regulatory defense attorney to protect your interests.
Prosecutors, regulators, and law enforcement agencies aggressively pursue securities law violations and possess broad investigative and prosecutorial powers. The SEC ranks among the most powerful regulatory agencies in the United States.
Being proactive in your defense matters significantly. An experienced defense attorney provides sound recommendations and guidance on how to proceed with your case. Your defense lawyer will thoroughly investigate your case and help you avoid mistakes that could worsen your situation.
If you are subject to an SEC investigation or have received a subpoena or complaint, do not delay. Securing a defense attorney early is critical. Do not speak with any agent, regulator, or prosecutor before consulting an attorney. Your defense attorney will guide you through every stage of the process.
Understanding Civil Investigative Demands (CIDs)
Federal Civil Investigative Demands (“CIDs”) are formal requests or demands for documents and information served on companies and individuals who may have information about suspected law violations. CIDs are issued by the U.S. Department of Justice (DOJ).
The purpose of a CID is to determine whether a violation has occurred. CIDs represent one of the most powerful tools the federal government can use to gather evidence as part of a civil investigation.
They resemble subpoenas in requiring individuals or companies to produce documents or provide information. However, CIDs are broader than subpoenas because they can require production of documents or information not necessarily relevant to a pending lawsuit.
CIDs can be issued in connection with any federal civil law, but are most often used in connection with the False Claims Act (FCA), which prohibits submission of false or fraudulent claims to the federal government.
It is important to respond to a CID in a timely manner because failure to do so can result in the imposition of civil penalties.
Understanding How the SEC Investigates and Penalizes
The SEC is an independent federal agency that regulates the securities industry in the United States. Its primary mission is to protect investors and maintain fair, orderly, and efficient markets.
The SEC enforces the federal securities laws, which are designed to protect investors by requiring companies to disclose certain information about their finances and business operations. The SEC can take enforcement action against individuals and companies that violate federal securities laws.
The SEC has a variety of enforcement tools at its disposal, including the ability to:
- File civil lawsuits in federal court
- Seek injunctions to stop illegal conduct
- Seek civil penalties
- Bar individuals from serving as officers or directors of public companies
- Enter into settlements
Individuals and companies that are subject to an SEC investigation or enforcement action may also be subject to criminal prosecution by the DOJ.
Common Mistakes to Avoid
Blame Your Advisors Carefully
Saying your accountant instructed you to do something is not automatic protection. You need documentation of the advice AND proof you followed it exactly as given.
Actually Stay Silent
Saying you want to remain silent is not enough — you must actually stop talking. Officers can keep asking questions, and anything you say after can still be used against you.
Hiring a Defense Attorney — What to Look For
If you are sued by the SEC or are under investigation by the SEC for suspected securities violations, it is important to hire an experienced SEC defense attorney. Federal law is extremely complex, and the SEC has virtually unlimited resources to investigate and prosecute individuals and entities suspected of violating the law. Hiring an experienced defense attorney to represent you is your best chance of achieving a favorable outcome in your case.
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
