Miami Insider Trading Lawyers
Don’t Let an Insider Trading Accusation Ruin Your Reputation
Insider trading has made headlines numerous times and has been the subject of documentaries as well as major motion pictures and television shows, but it is still often misunderstood. It can be difficult for any person, even a broker or other securities professional, to clearly define the precise line between the legal and illegal exchange of stock market information.
If you are under investigation for or have been accused of insider trading, you need to move fast and secure the representation of a firm with a reputation for success in this complex field. You need and deserve a legal team that knows how to deal with the U.S. Attorney’s Office and the Securities and Exchange Commission (SEC) to preserve your rights and interests.
Beckham Law Firm delivers seasoned federal defense counsel in the face of insider trading investigations and charges. Our team of Miami insider trading attorneys has over 35 years of combined legal experience and includes a former prosecutor and former public defender. We are known for our aggressive yet strategic advocacy both in and out of federal courtrooms.
For more information on insider trading charges and your rights, call Beckham Law Firm or fill out our contact form online. We offer free initial consultations!
Types of Nonpublic Information That Can Lead to Insider Trading Charges
“Nonpublic information” refers to data or insights related to a company's performance or plans that have not been disclosed to the general public. You can face insider trading charges if there is evidence or a perception you used your access to such information to gain an unfair advantage in trading securities. If you have any indication that you are under investigation for this white-collar crime, do not wait to start discussing your legal options with our Miami insider trading lawyers.
Some key categories of nonpublic information include:
- Earnings reports. Companies often release quarterly and annual earnings, but trading on this information before it becomes public can constitute insider trading. This includes projections about earnings that have not yet been disclosed to the public.
- Mergers and acquisitions. Information regarding impending mergers, acquisitions, or significant corporate restructuring can dramatically affect stock prices. Anyone who trades on these types of developments before they are announced to the market can face serious legal consequences.
- Management changes. Inside knowledge of forthcoming resignations, firings, or appointments of key executives can influence stock performance. Trading on this information while it remains nonpublic could lead to insider trading charges.
- New product launches. Trading on the knowledge that a company is on the verge of launching a new product or technology that is expected to significantly boost revenue while it is undisclosed to the public constitutes insider trading.
- Regulatory decisions. Companies in regulated industries may have advanced knowledge of pending regulatory approvals or denials. Acting on this knowledge before public disclosure can constitute insider trading.
- Stock buybacks. Private knowledge of a company's plans to repurchase its own shares can give insiders an advantage in trading. If they buy shares before such information is made public and the price subsequently rises, they could face insider trading charges.
What Is Insider Trading, and Who Can Face These Charges?
The SEC defines insider trading as “buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, on the basis of material, nonpublic information about the security.” Virtually any person could face insider trading charges, not just corporate officers or directors who may be privy to confidential information.
Insider trading charges have been filed against:
- Government employees for trading based on confidential information they learned as a result of their employment, clearance, or job duties
- Corporate officers and directors for trading securities relating to their corporations based on confidential or insider information they have learned because of their positions and access
- Employees of corporations who trade based on confidential information they have regarding their employers, such as mergers, layoffs, acquisitions, or other significant matters
- Employees of law firms, brokerage firms, printing companies, or banks who trade based on information they’ve learned as a result of the services they provide to these corporations
- Friends, family members, or others who misappropriated and utilized confidential information from employers, friends, or romantic partners to trade securities.
- Friends, associates, family members, or other parties who trade based on tips or information provided by insiders, such as corporate officers or employees
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Lack of materialityIn securities law, material information is defined as information that a reasonable investor would consider important when making investment decisions. Demonstrating that the information was insignificant or irrelevant to potential investors may weaken the prosecution's case.
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No intent to trade on nonpublic informationWe may argue that you did not intend to trade on nonpublic information, suggesting instead that your trades were based on publicly available information or other business metrics unrelated to insider data. Proving a lack of intent can be a powerful argument, especially if you can show a pattern of trading that aligns with market movements rather than inside knowledge.
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Established trading plansAnother potential defense strategy involves the use of pre-established trading plans. These plans allow insiders to set up predetermined schedules for buying or selling shares, thus removing the element of discretion when they possess nonpublic information. If we can demonstrate that your trades were conducted in accordance with a safe harbor plan, we may be able to successfully combat the charges, as these plans are designed to help avoid insider trading violations.
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Public informationDemonstrating that the information used to make trading decisions was already publicly available can serve as a robust defense. This defense may be available if there is evidence that your trading was based on facts accessible to all investors. This often involves a detailed review of the timing and nature of the information cited by the prosecution.
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Mistaken belief of legalityIn some cases, we may argue that you genuinely believed your actions were legal, citing a lack of clarity in insider trading laws or misunderstandings about your specific case. While this defense is less common, it may resonate with juries or judges, especially if you have taken steps to comply with regulatory requirements.
Potential Defense Strategies for Insider Trading Charges
Here are some defense strategies we could pursue depending on the circumstances of your case:
Our Miami insider trading attorneys have extensive experience navigating the complexities
of securities law and can explore a range of defense strategies in our effort to
achieve the best possible outcome for your case. From examining the nuances of the
insider information and context that led to the trading activity to assessing your
intentions and knowledge, our legal team can work diligently to build a robust defense.
Why Partner with Beckham Law Firm?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
Stay In The Know
Contact Our Law Firm Today If You Are Facing Insider Trading Charges
Our Miami insider trading lawyers at Beckham Law Firm can offer immediate, experienced guidance related to any warrant, investigation, informal allegation, or charge related to buying or selling securities based on “insider” information. The line between legal and illegal trading practices can be blurred by conflicts between federal statutes and precedents set by case law. Put our understanding of these matters to work for you by contacting our offices for a complimentary consultation.
Learn more about how we can aggressively defend you by calling (786) 244-8010 or contacting us online!
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I want to thank Beckham and Solis for guiding through this difficult process. Their level of expertise and understanding of different situations is paramount. I highly recommend hiring this firm as a representative for any case.
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