As the team at the Morales Law Firm understands, if you are being accused of committing a white-collar crime like insider trading, this is not something you should just hope will go away on its own. This can completely change the trajectory of your life and you want to ensure you have the defense you need when you are fighting against these charges. If successfully convicted, you may not only be looking at thousands of dollars in fines, but also decades in prison. You may lose out completely on the life you thought you had and the plans you worked so hard for. It is imperative that you speak with a lawyer right away about any charges against you regarding insider trading.
What exactly is insider trading?
First, it is important to understand that there are certain categories of insider trading: some legal, some illegal. For example, an “insider” can trade items like stocks and bonds as long as they report this information to the U.S. Securities and Exchange Commission. In this case, this trading is considered to be legal. If you were to trade these securities with the knowledge of information that the public does not have and avoid reporting it, then this trading becomes illegal.
Can you make a defense for insider trading?
Absolutely, you can create a defense if you have been charged with insider trading and once you have been charged, it is a particularly good idea to reach out to a securities fraud lawyer San Francisco, CA employees rely on. For the prosecution to prove that you committed insider trading, they will need to show:
- You knowingly sold or purchased a security
- The information you had that caused you to sell or buy was not something that the public had knowledge of
- Another investor would not have had this information either
If your lawyer looks at any of the above and the prosecution does not have a strong case for them, your lawyer may be able to get the case dismissed.
Common Defense For Insider Trading
In addition to outright disproving what the prosecution is trying to argue, there are a few strategies for defenses that your lawyer may have in mind for your case.
- The information you used when you made a trade was public information
- The trade you made was completely legal
- You did not have the knowledge necessary to know that this would be considered an illegal trade
Get Legal Help Now!
Being accused of insider trading can be scary because it can be hard to see what you have worked hard for go down the drain. You may be concerned that your entire future is ruined. However, with the help of a trusted lawyer, you can begin working on your defense against these accusations. If you are looking for a legal team you can rely on during this time, look no further than those at the Morales Law Firm.