NYC Securities Fraud Attorney
Mark I. Cohen is an experienced NYC securities fraud attorney who frequently represents defendants charged with securities fraud in the United States District Courts for the Southern District of New York and the Eastern District of New York.
Securities fraud is a federal crime pursuant to 18 U.S.C. § 1348. Generally, to convict someone of a securities fraud offense, the prosecutor must prove, beyond a reasonable doubt that, the defendant:
- has defrauded any person with respect to certain classes of securities; or
- has obtained, by false or fraudulent pretenses, any money or property in connection with the purchase or sale of certain classes of securities.
Pursuant to the United States Code, a securities fraud offense is punishable by up to twenty-five (25) years in prison. Additionally, a fine of up to one million dollars may be imposed, along with an order of asset forfeiture and restitution. In the federal criminal justice system, sentencing is based on a variety of factors set out in the United States Sentencing Guidelines. Perhaps the most important factor in a securities fraud case is the “loss amount”, which simply stated means the amount of money which is alleged to have been misappropriated and stolen from the victim(s). Other important sentencing factors include the number of victims; whether the offense involved misappropriation of a trade secret; whether the defendant was convicted of a federal health care offense; whether the offense involved material misrepresentations (i.e. that the defendant was acting on behalf of a charitable, educational, religious or political organization, or a government agency); whether the defendant relocated the fraudulent scheme to another jurisdiction to evade law enforcement; whether the offense involved an organized scheme to steal or to receive certain goods; and whether the offense involved the conscious or reckless risk of death or serious bodily injury or the possession of a dangerous weapon.
Have you been charged with Securities Fraud in New York City?
During his 28 years of federal criminal defense practice, Mr. Cohen has mastered the procedural and substantive law pertaining to securities fraud and has also mastered the United States Sentencing Guidelines as they pertain to securities fraud offenses.
By retaining Mark I. Cohen, a defendant maximizes the chances that:
- He or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
- He or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
- He or she will be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
- He or she will be able to prevail at trial;
- He or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
- He or she will be able to receive a non-prison sentence, or which results in the lowest amount of prison possible.
If you have been charged with securities fraud, you should contact Mark I. Cohen, an experienced NYC securities fraud attorney, to maximize your chances of preserving your freedom, reputation, and assets.