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Responding To SEC Subpoenas
Receiving a SEC subpoena is an extremely serious matter, and you might feel overwhelmed by the formal tone and the strict deadlines attached to it, this can cause anxiety because you’re unsure what exactly the SEC wants from you. Our law firm at Spodek Law Group has experience defending individuals who face complex federal inquiries, so we understand the tension you’re facing right now. Todd Spodek, our founding partner, built this firm on a second-generation tradition of practicing law that demands a white glove standard, meaning our goal is to keep clients informed and comfortable through every stage of an SEC investigation. We have offices in Los Angeles and New York City, and we use a digital client portal that shows real-time updates, so you can see how our strategy evolves and how we plan to fight for you.
What Is an SEC Subpoena?
An SEC subpoena is a formal request for documents or testimony under the Securities Act of 1933 (15 U.S.C. §§ 77a-77aa) and the Securities Exchange Act of 1934 (15 U.S.C. §§ 78a-78qq). These laws give the SEC the power to investigate suspected violations of federal securities rules, and if you have received a subpoena – it means that the agency wants to gather evidence from you, and possibly against you. Todd Spodek, our founding partner always emphasizes direct compliance steps while protecting your rights, and we urge you to realize that ignoring a subpoena can lead to court enforcement or worse
Potential Consequences of Ignoring the Subpoena
Refusing to respond, or comply, with an SEC subpoena can provoke civil enforcement actions, and these might involve federal court orders that compel you to hand over documents or appear for testimony, which can escalate tension. In SEC v. Jerry T. O’Brien, Inc., 467 U.S. 735 (1984), the Supreme Court confirmed the agency’s broad authority to gather evidence against individuals suspected of violating securities laws. Spodek Law Group respects the complexity of these proceedings, and we deploy a meticulous approach that addresses each element of the subpoena’s scope.
Procedural Timeline
The Commission’s investigation typically begins with staff attorneys gathering tips or data that suggests possible wrongdoing under securities laws, then they issue a formal order of investigation before sending subpoenas. Under 17 C.F.R. § 202.5, the SEC can demand urgent deadlines, sometimes requiring production of materials in a matter of weeks, and failure to meet those deadlines can risk sanctions. Todd Spodek advises prompt action as soon as you receive that first letter, because early intervention may help prevent a full-blown enforcement lawsuit.
Defining the Scope of the Inquiry
An SEC subpoena usually lists categories of financial records, corporate emails, or even phone logs that the staff believes relevant to a suspected violation. If they suspect insider trading under 15 U.S.C. § 78j, they will look at all of your trading history and communications, which can result in uncomfortable scrutiny of private information. Spodek Law Group navigates every aspect of these requests by sorting documents, preparing legal objections, and fighting to protect privileged data whenever permissible under the Federal Rules of Civil Procedure.
Innovative Defense Strategies
Our team pursues novel defense strategies, including forensic reviews of trading data and interviews with third parties who can shed light on your actual role. In SEC v. Mark Cuban, 620 F.3d 551 (5th Cir. 2010), the controversy turned on specific phone communications and the alleged duty of confidentiality, and that case showed how creative defenses can defeat claims of insider misconduct. Todd Spodek invests in advanced technologies, such as our digital client portal, so we can gather facts in real time and clarify the real story behind suspicious trades.
Privilege and Confidentiality
The attorney-client privilege is crucial and protects certain communications between you and our firm, and Rule 26 of the Federal Rules of Civil Procedure adds more layers for materials prepared in anticipation of litigation. If the SEC tries to get into privileged matters, we contest that effort before the court, and we do not back down. Todd Spodek, a strong attorney, prides himself on safeguarding client confidentiality, and our “white glove” approach stems from a belief that clients deserve unwavering loyalty throughout the entire process.
Nationwide Representation and Todd Spodek’s Media Profile
We operate in New York and Los Angeles, but our team also represents individuals facing SEC subpoenas across the country. Todd Spodek has appeared on major outlets like Fox 5 New York, Newsweek, and the New York Post, and he gained wide recognition for his role in the Netflix series featuring Anna Delvey. This media exposure shows that our practice handles high-profile cases with composure, yet we treat every subpoena recipient with the same dedication and respect, whether you’re a small business owner or a multinational executive.
Practical Next Steps
Contact Spodek Law Group, a premier SEC defense law firm, the moment you receive an SEC subpoena, because time is critical. Gather all the relevant records without altering them or destroying them, and we will help you figure out which materials are responsive under the subpoena. Then we move to file any objections under Rule 45 of the Federal Rules of Civil Procedure, and we handle negotiations with SEC attorneys so you don’t get caught in a guessing game.
Our Commitment: Accuracy, Transparency, and Aggressive Defense
We stand by our “white glove” service, which means constant communication, clarity in our fees, and personalized attention at every turn, Todd ensures each client has direct access to him and our legal staff, so no question goes unanswered. We investigate details. We consult expert witnesses. We review every shred of evidence. We fight allegations that lack proof. We keep your confidentiality at the forefront, and we use the digital portal to keep you updated 24/7, so you never wonder about the status of your case.
Disclaimer and Final Thoughts
This article only provides general guidance about SEC subpoenas, and it does not establish an attorney-client relationship or offer legal counsel specific to your circumstances. Every situation involving the SEC requires a custom tailored approach, so call us or write through our digital portal to schedule a consultation. Todd Spodek, and our nationwide legal team are ready to defend your interests, build a rigorous case, and safeguard your rights at every stage of the process.