Levin & Curlett is ideally positioned to assist witnesses and targets in the current wave of criminal investigations and SEC enforcement actions. The federal budget devotes significant resources to both criminal and civil securities law enforcement efforts through the agencies most involved in securities enforcement, including the FBI, the United States Attorneys’ Offices, and the SEC’s Enforcement Division.
Confronted with securities enforcement efforts, companies will have an increased need for experienced and aggressive legal representation not only for the corporate entity itself, but also for employees who become targets, subjects, or witnesses in the enforcement efforts. Even in what appears to be a routine SEC enforcement action, there exists significant potential for a parallel federal criminal proceeding or a state criminal proceeding. Our firm can help witnesses and potential defendants navigate both voluntary and mandatory information and document requests, as well as proffers and testimony before the SEC.
Throughout the SEC proceedings, the firm can draw upon its prosecutorial experience to best position clients to minimize or avoid the risk of a criminal case. The firm’s extensive experience with motions and appellate brief writing allows it to craft persuasive Wells submissions in cases where the Enforcement Division is prepared to recommend an enforcement action to the Commission. After the Wells process, if the SEC decides to proceed, we have the negotiating experience to reach a satisfactory resolution, if resolving the matter is in the best interest of the client.
Just as important, the firm is capable of aggressively defending clients in administrative or federal court proceedings. Based on its extensive federal trial experience, the government knows that the firm has the skills and capability to prevail before an ALJ, judge, or jury.