Miami Insider Trading Defense Attorney: Dennis Gonzalez Jr.
Defend Your Future with Miami Criminal Defense Attorney Dennis Gonzalez Jr. - Facing Insider Trading Accusations in Florida
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In many instances, insider trading cases involve an investigation and prosecution by the Securities and Exchange Commission (SEC). The SEC uncovers insider trading through whistleblowers or its own monitoring and regulatory activities, then pursues civil legal action against the defendant. An insider trading conviction can jeopardize your career, housing prospects, and harm your reputation. With Miami Criminal Defense Attorney Dennis Gonzalez Jr., you benefit from years of experience fighting for your rights and protecting your innocence.
Begin your case now by calling (305) 209-0384 or contacting our firm online. |
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The SEC Defines Insider trading as: |
The buying or selling of a security, in breach of a fiduciary duty or other relationship of trust and confidence, on the basis of material, nonpublic information about the security. |
Consequences of an Insider Trading Conviction
Being investigated for insider trading is a frightening experience. A conviction may result in severe consequences, so it's crucial to plan effectively and build a strong strategy for your future.
Some potential consequences include:
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Criminal penalties for insider trading are often far more severe than those available through the SEC, depending on the case's circumstances. Convictions can be punished by up to 20 years in federal prison and a $5 million fine. Although insider trading and securities fraud are not violent or drug-related, they are still crimes and are punishable as such.
Local Expertise for High-Profile Cases
As a hub for commerce, finance, and international business, Miami is no stranger to insider trading. Whether you are a corporate officer, director, manager, or lower in the hierarchy, you can be charged with insider trading and aggressively pursued by federal prosecutors.
With the representation of Miami Criminal Defense Attorney Dennis Gonzalez Jr., you can share your side of the story and learn about the strategies available for your defense. Don't hesitate to seek help as early as possible in the case. By discussing the situation with investigators instead of your federal crimes lawyer, you risk providing invaluable and possibly incriminating evidence to the prosecution.
Call (305) 209-0384 now for your initial consultation with Miami Criminal Defense Attorney Dennis Gonzalez Jr.
With the representation of Miami Criminal Defense Attorney Dennis Gonzalez Jr., you can share your side of the story and learn about the strategies available for your defense. Don't hesitate to seek help as early as possible in the case. By discussing the situation with investigators instead of your federal crimes lawyer, you risk providing invaluable and possibly incriminating evidence to the prosecution.
Call (305) 209-0384 now for your initial consultation with Miami Criminal Defense Attorney Dennis Gonzalez Jr.
Why Choose Dennis Gonzalez Jr for Your Insider Trading Case
When faced with allegations of Insider Trading, it's imperative to enlist the expertise of Miami Criminal Defense Attorney Dennis Gonzalez Jr. With more than a decade of experience, he has a proven track record of successfully defending clients. Call him at (305) 209-0384
Three scenarios where an innocent person may be wrongfully accused of Insider Trading:
Scenario 1: Coincidental Trades
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An individual invests in a company based on thorough research and analysis, predicting that the stock will perform well. Shortly after the investment, the company announces major positive news that causes the stock price to soar. This individual might be accused of insider trading due to the coincidental timing of their trade, even though they had no inside information.
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Scenario 2: Family Misunderstandings
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An employee of a public company discusses their work with a family member without disclosing any confidential information. The family member, believing they have insider knowledge, decides to buy or sell stocks based on the conversation. Regulators might suspect the employee of providing inside information, leading to accusations of insider trading against both parties, even though no sensitive information was actually shared.
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Scenario 3: Mistaken Identity
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An investor with the same name or similar personal details as an insider at a company becomes a target of insider trading investigations. Regulators may mistakenly link the investor's trades to the insider, leading to false accusations of insider trading. The investor, in reality, made their trades based on publicly available information and had no connection to the company or its insiders.
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The pre-Planned trading defense.
A defendant accused of insider trading can assert an affirmative preplanned trade defense to challenge the accusation. This defense is based on the premise that the trading activity in question was preplanned and executed according to a predetermined strategy, not influenced by any material non-public information.
To successfully assert this defense, a defendant must provide evidence supporting the following points:
Existence of a preplanned trading plan: The defendant should present a written plan or a formal agreement, such as a 10b5-1 plan, that outlines their trading strategy. This plan must have been established before the defendant had access to the material non-public information in question.
Plan created in good faith: The defendant must show that the trading plan was created in good faith, without any intention to take advantage of non-public information. This could involve demonstrating a history of similar trading practices or a legitimate rationale behind the plan.
No subsequent alteration or deviation: The defendant should provide evidence that they did not alter or deviate from the preplanned trading strategy after gaining access to the material non-public information. This includes not changing the timing, quantity, or price of the trades specified in the plan.
Plan executed by an independent third party: If possible, the defendant should show that the preplanned trades were executed by an independent third party who was not aware of the material non-public information. This adds credibility to the assertion that the trades were not influenced by any inside information.
By establishing these points, a defendant can argue that their trading activities were preplanned and not based on material non-public information, thus challenging the accusation of insider trading.
Plan created in good faith: The defendant must show that the trading plan was created in good faith, without any intention to take advantage of non-public information. This could involve demonstrating a history of similar trading practices or a legitimate rationale behind the plan.
No subsequent alteration or deviation: The defendant should provide evidence that they did not alter or deviate from the preplanned trading strategy after gaining access to the material non-public information. This includes not changing the timing, quantity, or price of the trades specified in the plan.
Plan executed by an independent third party: If possible, the defendant should show that the preplanned trades were executed by an independent third party who was not aware of the material non-public information. This adds credibility to the assertion that the trades were not influenced by any inside information.
By establishing these points, a defendant can argue that their trading activities were preplanned and not based on material non-public information, thus challenging the accusation of insider trading.
Additional Information Resources
- SEC - Insider Trading
- Cornell Legal Information Institute (LII) - Insider Trading
- Investopedia - Insider Trading
Dennis Gonzalez Jr.'s law firm is a top-tier criminal defense practice serving clients in Miami, Fort Lauderdale, West Palm Beach, and throughout Florida. Possessing the knowledge, skills, and resources necessary for successfully handling all types of crimes, Miami Criminal Defense Attorney Dennis Gonzalez Jr. will work relentlessly to protect your rights when you're in legal trouble.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
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MIAMI CRIMINAL DEFENSE ATTORNEY DENNIS GONZALEZ JR 11401 SW 40 STREET, SUITE 204 Miami, FL 33165 (305) 209-0384 www.DGONZ.com |