SEC Fraud Defense Lawyers
Counsel for executives, investment professionals, and businesses facing securities investigations.
An SEC request can raise questions about a transaction, a disclosure, or your role in a business decision. Keith & Lorfing helps you assess the inquiry, prepare a response, and account for any related criminal exposure.
A careful response starts with the underlying record.
A trading report or an email may be only one part of the story. We work through the timeline, the information available at the time, and the responsibilities of the people involved. That review helps distinguish the agency’s concerns from facts that remain unproven.
Our work includes representing individuals and companies in federal investigations. We begin by identifying who needs representation, what the SEC has requested, and the decisions or deadlines that require attention.
Where securities allegations need closer scrutiny.
Trading and access to information
We examine the timing of transactions, the source of information, communications between participants, and the explanation for a trading decision. Patterns require context before conclusions can be tested.
Financial reporting
We review the accounting records, internal communications, approvals, and disclosures connected to disputed statements. Where appropriate, financial expertise can help explain the transactions and identify contested assumptions.
Investor statements and omissions
We assess what investors were told, what was disclosed about risk or conflicts, and who prepared or approved the materials. The defense must address the specific statement or omission alleged.
Investment offerings and use of funds
We trace the records supporting how an offering was presented and how money was used. Understanding the movement of funds helps evaluate allegations involving misappropriation or an investment scheme.
SEC enforcement and criminal prosecution.
The SEC exercises civil enforcement authority. A related criminal investigation is a separate matter, even when both concern the same transactions.
SEC civil proceedings
Depending on the alleged violation, remedies may include monetary penalties, disgorgement, injunctions, and restrictions on professional roles. We evaluate the requested relief as well as the underlying allegations.
Related DOJ investigations
The SEC can share information with criminal authorities. If the Department of Justice pursues a criminal case, the defense must address its separate procedures and potential consequences alongside the SEC matter.
The SEC’s overview of investigations explains this distinction. We consider how a document production, testimony, or proposed resolution could affect each proceeding.
How we help you respond.
1. Review the request
We examine correspondence and legal process, identify response dates, and discuss preservation of relevant records. We also consider whether individual and company interests require separate counsel.
2. Prepare the response
We organize the factual record, review documents for relevance and privilege, address production issues, and prepare clients for testimony. The goal is an accurate, considered response that meets the applicable obligations.
3. Address the proposed action
If staff recommends enforcement, we assess the legal and factual basis for a response. We advise on a Wells submission where available, evaluate settlement terms, and prepare to contest allegations when appropriate.
A Wells notice calls for a specific assessment.
A Wells notice generally communicates staff’s preliminary determination to recommend enforcement action. It is not a finding that you violated the law. The recipient may have an opportunity to explain their position before the Commission decides whether to authorize an action.
We review the proposed allegations and the supporting record, then discuss whether and how to respond. A written submission needs to account for disputed facts, legal arguments, and potential consequences in other proceedings. The notice and current procedures determine the response timetable.
Federal investigation experience, applied to your matter.
Russell Lorfing and Brandi Young bring former federal prosecution experience to the firm’s defense work. Their backgrounds include financial evidence, complex investigations, and courtroom advocacy.
Russell Lorfing
Russell’s work as an Assistant United States Attorney included financial investigations and electronic evidence. He now represents individuals and businesses facing federal scrutiny.
Brandi Young
Brandi’s prosecution background includes financial matters and parallel investigations involving the SEC. She brings experience assessing issues that involve more than one agency.
Questions about an SEC inquiry.
Does an SEC subpoena mean I have been accused of fraud?
A subpoena seeks evidence; it does not by itself establish wrongdoing or resolve your role in an investigation. We review what is requested and the surrounding communications to advise you about the response.
Should the company’s lawyer also represent me?
That requires an assessment of the facts and potential conflicts. A company’s interests and an individual’s interests may differ. We discuss who the client is and whether separate representation is appropriate.
Can you help with an informal request?
Yes. We can review a voluntary request, discuss its scope, and help you decide how to respond. Involving counsel does not require waiting for a subpoena or a Wells notice.
What should I have ready when I contact the firm?
Have any SEC correspondence, subpoena, or Wells notice available, together with response dates and a short timeline of prior contacts. We will discuss which additional records are needed and how to share them securely.
Discuss the request before deciding how to respond.
Tell us who contacted you, what information they requested, and when a response is due. We can discuss representation and the issues that need immediate attention.
Houston office coming soon.