Any deceptive practice used in stock or commodity markets could result in a criminal charge for securities fraud. According to state law, there are several offenses that fall under the category of securities fraud. Given the potential for serious financial harm, there is great incentive for prosecutors to pursue these charges aggressively.
If you are facing allegations of securities fraud, do not hesitate to enlist the help of a dedicated white-collar crimes defense attorney as soon as possible. Once retained, your legal representative can help prove that you have not violated any laws during the allegedly suspect transaction. You have a right to legal counsel, so let a skilled Lincoln securities fraud lawyer at Berry Law build an effective defense strategy on your behalf.
Securities Fraud as Defined by State Law
State prosecutors may pursue securities fraud charges under Nebraska Revised Statutes §8-1102 for any use of deceit or deception in connection with the sale, offer, or purchase of a security. Prosecutors must establish the following elements to secure a conviction for security fraud:
- The defendant (i.e. a single person or multiple individuals) used a device, scheme, or deceptions to intentionally defraud an investor.
- The defendant used an untrue statement of material fact to intentionally mislead and persuade another party to buy or sell a security.
- The defendant’s operation of business relied on deceit or fraud of another individual or entity.
An experienced defense attorney in our area can offer more insight on whether the prosecution will be able to meet any of these standards for a securities fraud conviction in your case.
Federal Securities Fraud Laws
Federal prosecutors may also pursue allegations of securities fraud under 18 United States Code §1348. According to this federal statute, there are 2 ways a person can commit securities fraud.
The first is knowingly executing or attempting to execute a scheme that defrauds another person to disrupt the future delivery of or option to close on a commodity.
The second way someone can commit securities fraud is obtaining money or property through false representations regarding the future delivery of a commodity.
Few federal offenses are as complex as securities fraud. Given what is at stake, it is vital for any Lincoln resident facing federal securities fraud charges to speak with a local lawyer as soon as possible. The sooner you retain a steadfast attorney at Berry Law, the sooner our team can get to work building a strong defense for your case.
Let a Lincoln Securities Fraud Attorney Defend Your Rights
Successfully defending your rights and liberties in a securities fraud case starts with finding the right legal representation. Who you appoint as your legal counsel could have a substantial impact on the outcome of your case.
Do not leave your future in the hands of a court-appointed attorney who has limited experience with these complex matters. Instead, get in touch with a Lincoln securities fraud lawyer at Berry Law right away to maximize your chances of success.