Insider Trading lawyer Near Me
Federal insider trading investigations move quickly. The Securities and Exchange Commission and the U.S. Department of Justice bring parallel actions that can subject a target to civil penalties, criminal prosecution, and substantial prison time. For individuals facing an SEC subpoena, a grand jury investigation, or formal charges in a U.S. District Court, engaged counsel at the earliest stage is essential. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., brings a background in accounting and information systems to complex financial cases, and he and the firm’s Of Counsel attorneys represent clients in federal matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Fairfax Location and additional locations throughout these jurisdictions allow the firm to appear in multiple federal districts. To request a consultation about an insider trading matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Federal Insider Trading Means
Insider trading is the buying or selling of a security while in possession of material, non-public information about that security, in breach of a duty of trust or confidence. The principal statutory authority is Section 10(b) of the Securities Exchange Act of 1934, codified at 15 U.S.C. § 78j(b), and SEC Rule 10b-5 promulgated under it. Federal prosecutors also charge insider trading under the broader securities fraud statute at 18 U.S.C. § 1348 and the mail and wire fraud statutes where appropriate. A criminal conviction under 15 U.S.C. § 78j(b) carries a maximum penalty of 20 years imprisonment and a fine of up to $5 million for an individual. Corporate defendants face fines of up to $25 million.
Federal sentencing guidelines apply in every insider trading case, and there is no parole in the federal system. The U.S. Attorney’s Office for the Eastern District of Virginia, the District of Maryland, the District of Columbia, the District of New Jersey, and the Eastern and Southern Districts of New York all prosecute insider trading actively. The SEC often investigates first through its Division of Enforcement, issuing subpoenas for documents and testimony. Information gathered in the SEC’s civil investigation is routinely shared with federal prosecutors under parallel-proceeding protocols, and what begins as an SEC inquiry can become a criminal case. A target may face both an SEC civil enforcement action and a federal criminal indictment, placing assets, professional licenses, and liberty at risk simultaneously.
The firm’s federal defense practice concentrates on representing individuals who receive target letters, subpoenas, or Wells notices from the SEC, as well as those who learn they are under federal criminal investigation. Mr. Sris and the firm’s Of Counsel attorneys appear in federal district courts across the five jurisdictions where the firm practices. The investigative stage—before an indictment is returned—is often the most consequential phase, because decisions made at that point about cooperation, document production, and proffer sessions with prosecutors can shape the entire trajectory of the case. Results may vary.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Federal Insider Trading Cases
Every federal insider trading matter begins with an assessment of the government’s evidence and the client’s exposure. The firm’s approach is to engage early, identify the theory of the case that the SEC or the U.S. Attorney’s Office is pursuing, and develop a response strategy before formal charges are filed. In SEC investigations, the firm responds to subpoenas, prepares clients for investigative testimony, and negotiates with SEC staff attorneys over the scope of document production. In parallel criminal investigations, the firm communicates with the Assistant U.S. Attorney and the case agents—typically from the FBI—to understand the direction of the inquiry and, where appropriate, to present exculpatory information before a charging decision is made.
When an indictment is returned, the case proceeds in U.S. District Court under the Federal Rules of Criminal Procedure and the Speedy Trial Act. The firm challenges the sufficiency of the indictment, reviews discovery for Brady material, and assesses whether the government’s evidence establishes each element of the charged offense—including the existence of material, non-public information, a duty of trust or confidence, and the requisite scienter. Mr. Sris’s background in accounting and information systems is applied to the analysis of trading records, financial statements, and digital evidence that typically form the core of the government’s case. The firm’s Of Counsel attorneys participate in motion practice, plea negotiations, and trial preparation. In many federal cases, resolution comes through a negotiated plea under the U.S. Sentencing Guidelines, and the firm works to present mitigating factors at the sentencing hearing that can affect the guideline range and the sentence imposed by the court.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which he established in 1997. He is a former prosecutor whose practice includes federal criminal defense, and his educational background in accounting and information systems provides a foundation for analyzing the financial evidence central to insider trading prosecutions. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys bring extensive combined legal experience to federal criminal matters. They participate in case strategy, discovery review, motion drafting, and courtroom advocacy. Every attorney at the firm has experience that contributes to the defense of complex federal charges. The firm’s multi-state footprint means that a client facing an investigation or prosecution in any of the firm’s five jurisdictions can be represented by counsel familiar with the local federal district court, the practices of the U.S. Attorney’s Office for that district, and the preferences of the assigned judge. To discuss an insider trading matter, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Frequently Asked Questions
Do I need a lawyer for federal insider trading charges?
Yes, you need an experienced federal criminal defense attorney immediately if you are facing insider trading charges or are under investigation. Federal insider trading prosecutions involve complex securities laws, parallel SEC civil proceedings, and federal sentencing guidelines that often result in substantial prison time. Federal prosecutors have a conviction rate that makes self-representation inadvisable. Early engagement of counsel—before an indictment if possible—allows your attorney to communicate with prosecutors, respond to subpoenas, and potentially prevent charges from being filed. For a consultation about your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the penalties for federal insider trading?
A criminal conviction for federal insider trading under 15 U.S.C. § 78j(b) and SEC Rule 10b-5 carries a maximum sentence of 20 years imprisonment and a fine of up to $5 million for an individual. Under 18 U.S.C. § 1348, the maximum is 25 years. The actual sentence is determined under the U.S. Sentencing Guidelines, which calculate a guideline range based on the amount of gain or loss involved, the defendant’s role in the offense, and other factors. There is no parole in the federal system. Additionally, the SEC may seek disgorgement of profits, civil monetary penalties, and officer-and-director bars. To understand how the sentencing guidelines apply to your case, consult with counsel.
How does the SEC investigate insider trading?
The SEC typically opens an investigation after detecting unusual trading activity through market surveillance systems that flag suspicious patterns before a major corporate announcement. The SEC’s Division of Enforcement then issues subpoenas for trading records, emails, phone records, and other documents. Investigators may take testimony from witnesses including the target of the investigation. If the SEC finds evidence of violations, it may refer the matter to the U.S. Attorney’s Office for criminal prosecution. Because information from the SEC investigation is routinely shared with criminal prosecutors, any contact from the SEC should prompt a call to counsel. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if the FBI contacts me about insider trading?
If the FBI contacts you about an insider trading investigation, you should invoke your right to remain silent and your right to an attorney immediately. Do not answer questions, provide documents, or agree to an interview without counsel present. Statements made to federal agents can be used against you in subsequent criminal proceedings, and even seemingly innocent explanations can become evidence of intent. Contact a federal criminal defense attorney who handles securities cases at once. The firm represents clients at all stages of federal investigations, from pre-indictment through trial. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can insider trading charges be dropped or reduced?
Yes, insider trading charges can be dismissed, reduced, or resolved through a favorable plea agreement depending on the strength of the government’s evidence and the defense strategy pursued. Defenses may include challenging whether the information was truly material and non-public, whether the defendant owed a duty of trust or confidence, or whether the government can prove the required scienter—that is, that the defendant acted with knowledge or reckless disregard. Procedural defenses may address unlawful searches, improper subpoenas, or evidentiary issues. In some cases, the firm negotiates a pretrial resolution that results in the dismissal of charges or a plea to a lesser offense. For an evaluation of your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How much does a federal insider trading lawyer cost?
The cost of legal representation in a federal insider trading case varies significantly depending on the complexity of the matter, the stage at which counsel is engaged, and whether the case proceeds to trial. Federal criminal defense is typically handled on a flat-fee or hourly basis, with fees reflecting the extensive discovery review, motion practice, and court appearances that federal prosecutions entail. The firm discusses fees during an initial consultation so that clients understand the anticipated scope and cost of representation before making a decision. To discuss fees and schedule a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Reviewed by Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Practicing since 1997.
For additional information about federal criminal defense, visit our Virginia Federal Criminal Defense page, our Securities Fraud Lawyer in Virginia page, and our Federal Criminal Defense in Maryland page.
Additional resources: SEC Division of Enforcement | U.S. Department of Justice Criminal Fraud Section | 15 U.S.C. § 78j(b)
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