Can I Represent Myself in an SEC Investigation?

There Are Many Reasons Why You Should Not Try to Handle an SEC Investigation on Your Own

If you are facing an investigation by the U.S. Securities and Exchange Commission (SEC), you are facing a high-risk scenario. You are also facing a scenario in which you are going to need to make an informed decision about legal representation. While you have the option of handling your SEC investigation on your own, there are many reasons why you will want to hire experienced SEC defense counsel to represent you instead.

What Does It Take to Effectively Deal with the SEC?

The SEC is an agency with extensive resources. It has a team of skilled and experienced lawyers on staff, and these lawyers are not going to make your life easy. While you may be able to avoid SEC enforcement action depending on the specific facts and circumstances at hand, if you do, it most likely isn’t going to be easy. You will need to convince the SEC’s lawyers that you are not guilty of a federal securities law violation, and you are going to need to do so without damaging your defense in the process. It will be a delicate balance, and you will need to get it exactly right.

So, is this something you can handle on your own? While you have the right to represent yourself in an SEC investigation, it will not be a fair fight. The SEC’s lawyers will know how to do their jobs, and you can be sure that they will take full advantage of the fact that you do not have legal representation. While you do need to be careful about what you say, you are not going to be able to convince the SEC’s lawyers to let you off the hook by simply refusing to cooperate. The SEC’s lawyers will know that a lack of cooperation is not indicative of a lack of culpability; and, if anything, it may actually convince them that you have something to hide.

So, Can I Represent Myself in an SEC Investigation?

From a legal perspective, yes, you can represent yourself in an SEC investigation. Technically, there is nothing stopping you from communicating directly with the SEC’s attorneys. However, once you get into the substance of your present circumstances, it will quickly become clear that representing yourself is a bad idea.

• You Will Be Facing Off Against Career SEC Attorneys – When you deal with the SEC, you are not dealing with a judge and you are not dealing with a jury. You are dealing with career SEC attorneys who know how to convince the agency to take action in court. They are familiar with the types of communications they are likely to receive from attorneys, and they will try to use your lack of legal knowledge against you.
• There is a Reason Why the U.S. Department of Justice (DOJ) is Taking Interest – The DOJ is not going to be interested in your case for no reason. Prosecutors will be interested because they believe they might be able to convict you of a federal securities crime. When facing federal criminal charges is a possibility, you cannot afford to take any chances.
• You Will Be Undergoing a Serious and Stressful Legal Proceeding – Even if you avoid criminal prosecution, you will still be facing a serious and stressful legal proceeding. In order to protect yourself, you will need to be able to interact with the SEC’s lawyers on their terms. You will need to be able to defend yourself in court if necessary, and you will need to be able to deal with any consequences of the investigation.
• If There Are No Favorable Statutory Defenses, You Will Need to Assert Common-Law Defenses – When defending against securities litigation, you need to be careful. The SEC can pursue civil remedies even if there is no clear statutory basis for doing so. If the SEC does not have a clear statutory basis, it will likely try to assert a common-law defense. You need to be prepared to respond to this. Common-law defenses are complex, and they require specialized knowledge in order to be effectively asserted and defended.
• You Will Need to Conduct a Comprehensive Internal Audit – If you did not willfully engage in any securities fraud, then you may be able to assert this as a defense. However, in order to do so, you will need to conduct a comprehensive internal audit. The SEC will need to see the audit results. If the audit uncovers any evidence of potential wrongdoing, the SEC will want to see this as well. You need to be prepared to deal with the audit results, and you need to be able to explain why you acted the way you did.

Put our highly experienced team on your side

With all of this in mind, it is clear that hiring experienced SEC defense counsel is the best option. Even in cases how you can avoid serious consequences, you will need to be able to demonstrate that you are not guilty of any securities law violations. You will need to have a comprehensive understanding of the laws at issue, and you will need to be able to demonstrate this understanding to the SEC’s lawyers.

Even if you do believe you are guilty of a securities law violation, you should not assume that this means you have no options available. There are various defenses that can be used to challenge the SEC’s allegations, and there are various ways to challenge the SEC’s evidence in court. Even if you are guilty, you need to avoid making any incriminating statements that could be used against you. You also need to be careful about how you respond to the SEC’s inquiries. For example, if you have a duty to respond to a subpoena, you need to be careful to avoid waiving any of your personal rights or privileges in the process.

What Should You Do if You Cannot Afford SEC Defense Counsel?

If you are concerned about the cost of hiring experienced SEC defense counsel, you are not alone. However, this is not a reason to represent yourself. The SEC will take full advantage of your lack of legal knowledge, and you will be at a significant disadvantage if you try to go it alone. If you cannot afford to hire experienced SEC defense counsel, you may be able to find a lawyer who is willing to take your case on a pro bono or reduced-fee basis. You may also be eligible for legal aid or assistance from the SEC’s Office of the Investor Advocate.

What Should You Do if You are Facing an SEC Investigation?

If you are facing an SEC investigation, you need to be very careful. You need to avoid making any incriminating statements, and you need to avoid waiving any of your personal rights or privileges. You also need to be careful about how you respond to the SEC’s inquiries. You need to keep in mind that you are not dealing with a judge or jury, and you need to be able to defend yourself in court if necessary. If you are facing an SEC investigation, you should contact experienced SEC defense counsel as soon as possible. An experienced securities law attorney will be able to help you navigate the investigation, and will be able to help you avoid SEC enforcement action if possible.

Why Choose Spodek Law Group for Your SEC Investigation?

At Spodek Law Group, we provide experienced SEC defense representation to individuals and companies nationwide. Our team is comprised of former federal prosecutors and federal agents, and we have a proven track record of success in high-stakes securities matters. If you are facing an SEC investigation, you need to have experienced SEC defense counsel on your side. Contact Spodek Law Group today to schedule a free and confidential consultation.

Contact Us for a Free and Confidential Consultation

If you are facing an SEC investigation, you need to take your situation very seriously. You need to have experienced SEC defense counsel on your side, and you need to be prepared to fight back against the SEC’s allegations. If you are facing an SEC investigation, contact Spodek Law Group today to schedule a free and confidential consultation. Call us at 908-643-7005.