South Carolina Securities Fraud Lawyer

Investing can be risky under any circumstances, but allegations that you defrauded investors in violation of state or federal laws can lead to severe consequences, even if you are ultimately acquitted. If this type of case ends with a conviction, the penalties you might face could include substantial monetary fines, decades of imprisonment, as well as civil liability for investors’ losses.

Regardless of the circumstances of your case, support from a capable and experienced defense attorney could be vital to pursuing a resolution that has a minimal impact on your future. If you are under investigation or already facing charges for this “white collar” crime, a South Carolina securities fraud lawyer may be able to help you protect your best interests.

What Qualifies as Unlawful Securities Fraud?

The South Carolina Code of Laws and the United States Code provide similar definitions of securities or commodities fraud under S.C. Code § 35-1-501 and 18 U.S.C. §1348, respectively. In both contexts, someone who knowingly attempts to execute or successfully executes a plan to defraud someone, lie to them about material facts, or falsely represent themselves in connection to the sale, purchase, or offer of any security has committed a criminal act.

According to S.C. Code § 35-1-508, securities fraud that results in less than $1,000 of proven losses for an investor is a misdemeanor punishable by a maximum $30,000 fine and a three-year term of incarceration. This offense becomes a felony if the investor experiences greater losses. If the investor’s losses are between $1,000 and $20,000, a conviction is punishable by up to five years of imprisonment and a fine determined by the court’s discretion. If the investor’s losses exceed $20,000, a conviction is punishable by a maximum ten-year term plus a maximum $50,000 fine.

Federal law does not differentiate possible sanctions based on investor losses. Instead, it gives courts broad authority to impose federal prison sentences of up to 25 years against individuals convicted under 18 U.S.C. § 1348. A South Carolina securities fraud attorney could provide more specific details about what penalties a particular securities fraud charge may carry during a private consultation.

Contesting Securities Fraud Charges in South Carolina

Even though securities fraud is a non-violent “white collar” offense, it can still be crucial to build a comprehensive defense strategy and be proactive about presenting it during pre-trial proceedings as well as the trial itself. Many successful defenses establish that the defendant did not knowingly lie to or defraud any investor, either because they believed in good faith that their statements were accurate or they were unaware that what they were doing constituted illegal fraud.

In other situations, a skilled legal professional could evaluate whether evidence of securities fraud was discovered through unlawful means. Evidence the prosecution acquired in this way could be inadmissible in court proceedings. A dedicated lawyer in South Carolina could provide further information about specific defense strategies for a defendant facing securities fraud charges.

Get in Touch With a South Carolina Securities Fraud Attorney Today

Both state and federal courts take accusations of securities fraud seriously and tend to prosecute even first-time offenders harshly. Fortunately, a qualified legal professional can help efficiently handle the procedural elements of your case while mitigating long-term repercussions it might result in, with or without a conviction.

A South Carolina securities fraud lawyer could be your ally from start to finish of your legal proceedings. Call attorney Dayne Phillips today to discuss your options.