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When the SEC and DOJ are investigating the same case, same facts, typically the
same individuals at the same time, it gets real complex real fast. It’s
more important than ever to have experienced SEC council as well as DOJ
counsel that understands the intricacies and complexities and increased dangers
of that scenario. what may be a questionable call as to whether a client
testifies in in an SEC testimony becomes much more difficult when we know
that there is a pending criminal investigation. And thus, it’s critical that
steps be taken to ensure that a client’s interest are protected given the threat of criminal prosecution.
In fact, in a lot of what I do in every SEC investigation is to always consider
and take into account the potential for a referral to the Department of Justice.
And the strategies that we use and employ take that into account as well as
they must because criminal prosecution with the threat of incarceration
has life-changing consequences beyond a standard SEC investigation, which in it
of itself is serious
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Fort Lauderdale, FL SEC defense attorney David R. Chase talks about handling SEC and DOJ investigations at same time. He explains that when the SEC and DOJ investigate the same case, facts, and individuals at the same time, the matter can become extremely complex very quickly. He emphasizes that it is more important than ever to have experienced SEC counsel and DOJ counsel who understand the intricacies, complexities, and heightened risks involved in this type of parallel investigation. He notes that what might otherwise be a difficult decision about whether a client should testify in an SEC proceeding becomes significantly more complicated when there is also a pending criminal investigation, making it critical to take steps to protect the client’s interests in light of the potential for criminal prosecution.
He explains that, in virtually every SEC investigation he handles, he considers the possibility that the matter could be referred to the Department of Justice. He notes that the strategies he develops and employs take this potential referral into account because the possibility of criminal prosecution and incarceration creates life-changing consequences that extend far beyond those typically associated with a standard SEC investigation.
