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