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SEC SUBPOENAS AND WELLS NOTICES
SEC SUBPOENAS AND WELLS NOTICES
SPODEK LAW GROUP, is a nationwide federal defense law firm created by Todd Spodek. We have over 50 years of combined experience, and our criminal defense attorneys are committed to helping people who face potential legal actions brought by the Securities and Exchange Commission (SEC).
A subpoena that was issued by the SEC often demands documents, electronic records, or testimony related to suspected violations of federal securities laws. When you receive an SEC subpoena, you could be forced to produce any records that may help the SEC’s investigation. This is a very serious process because it can lead to civil penalties or even referrals for criminal prosecution if the SEC believes you committed serious wrongdoing.
If you are accused of money laundering, you face potential prison time. In addition to prison, you could pay fines or restitution that could destroy your finances. This type of subpoena typically signals that investigators are looking at specific transactions, so they can figure out whether you participated in any unlawful acts.
We won’t sugarcoat it: waiting too long to respond, or trying to hide information, can cause additional issues. The SEC can impose heavy penalties on individuals who fail to follow a subpoena, which can mean higher fines, a permanent criminal record, or even possible jail time if the case leads to federal criminal charges.
WELLS NOTICE
A Wells Notice is a formal letter that was sent by the SEC to tell you that the agency plans to recommend enforcement actions against you. A Wells Notice that was served on you means the SEC already has evidence suggesting you violated securities laws. You can respond by submitting a Wells Submission, which is a written statement arguing why charges should not be filed.
If you ignore a Wells Notice, you risk missing the opportunity to influence the SEC’s final decision. This can result in life-changing enforcement actions, including potential bans from certain industries, large fines, and a permanent mark on your record that could affect future employment. Our criminal defense lawyer can help you draft a response that highlights weaknesses in the SEC’s case or provides context that could lead to a more favorable result.
OUR STRATEGIES
At Spodek Law Group, our objective is to win cases and resolve them successfully. We have experience handling high-stakes federal matters, and we know how to fight back when the SEC tries to build a case against you. Here is how we approach an SEC investigation:
- Immediate Review of All Documents: We collect and analyze every piece of evidence that was subpoenaed by the SEC, which helps us identify any errors or assumptions by investigators.
- Negotiating With the SEC: We open lines of communication with the SEC’s legal team to see if a settlement or no-charge outcome is possible. Avoiding trial can preserve your resources and limit publicity, but only if it helps you get a better result.
- Building a Strong Defense: We consult industry experts who can expose holes in the SEC’s evidence. We also scrutinize how the SEC obtained key documents. Evidence that was illegally obtained can be challenged in court, which could reduce or dismiss certain charges.
- Taking the Case to Trial If Needed: We are unafraid to litigate. If the SEC continues to push for severe penalties, we can move forward with a trial strategy that highlights your good faith and disputes their claims.
CALLING OUT THE EXCUSES
You might feel tempted to wait or hope the problem goes away. That is unacceptable. The SEC rarely drops an investigation without a thorough review. When you delay, you lose control over your narrative, and you risk higher penalties or worse outcomes. Our job is to push you beyond your comfort zone, and help you take bold actions that can protect your future.
MULTIPLE PERSPECTIVES
The SEC wants to protect investors and maintain fair markets. You want to protect your livelihood, your freedom, and your reputation. Federal prosecutors, if involved, want to see justice served by charging those who break the law. Balancing these perspectives demands a careful, systematic approach. We can help you understand the government’s viewpoint while ensuring that your best interests come first.
QUICK-REFERENCE FAQ
| Question | Answer |
|---|---|
| Can an SEC subpoena lead to criminal charges? | Yes. If the SEC finds strong evidence of fraud or other crimes, they can refer the case to federal prosecutors. |
| What happens if I ignore a Wells Notice? | The SEC can move forward with enforcement actions that may include fines, industry bans, or other penalties. |
| Can Spodek Law Group handle my case if I’m outside NYC? | Yes. We handle federal cases nationwide, and we are available 24/7 to help you. |
YOUR NEXT STEP
When you’re facing a subpoena or a Wells Notice from the SEC, take action now. The longer you wait, the harder it is to control the outcome. If you hire Spodek Law Group, you get the benefit of over 50 years of combined experience. We can guide you through each phase of the SEC process, and we do everything possible to get a favorable resolution. If you call us for a risk-free consultation, you can ask any questions you have, and we will discuss whether we can help you.
We are available 24/7, and we understand what you’re up against. Give us a call, tell us your story, and let’s figure out a plan for moving forward.
Disclaimer: The information that was provided in this article is not legal advice and does not create an attorney-client relationship. Every case is unique. You should speak directly to a qualified attorney before making any decisions. For official information about the SEC’s rules, please visit www.sec.gov. We disclaim all liability for actions taken or not taken based on this content.