New York, NY securities attorney Jenice L. Malecki talks about the process for responding to a FINRA or SEC investigation. She stresses that it is absolutely essential to retain experienced counsel when responding to a FINRA 8210 request—which typically initiates an investigation—or an SEC subpoena. The regulatory environment is complex, encompassing not only securities laws but also IRS regulations, and an SEC investigation may trigger related reporting obligations to the IRS.

Having a skilled securities lawyer ensures that the scope of documents produced is appropriately limited and that responses to one question do not inadvertently reveal violations in another area. Lawyers understand how to communicate strategically, protecting their client while complying with regulatory requirements. She firmly believes that unrepresented individuals rarely receive a fair outcome in these proceedings and are at risk of being disadvantaged. For this reason, she emphasizes: do not be pennywise and pound foolish—this is not the time to navigate such matters without expert counsel.