Elements of the Offense

Generally, the elements of a criminal fraud case are rather straightforward. But securities fraud cases are different. These matters have a number of moving parts. Prosecutors must establish all the following elements:

  • Material omission or misrepresentation, usually about critical financial information,
  • Scienter, or actual knowledge that the information was entirely false,
  • The omission or misrepresentation induced the client to buy the securities, and
  • Economic loss.

Prosecutors must establish all of these elements beyond any reasonable doubt. That’s the highest standard of proof in Florida law.

All these elements have one thing in common. The defendant must clearly intend, from start to finish, to sell worthless or near-worthless securities to unsuspecting victims. Frequently, securities dealers initially intend to defraud people, but they clean up their acts later. Or, the opposite occurs. The dealer initially contacts the client with good intentions and then unscrupulously zeros in on a particular weakness. These things might be immoral, but they are not illegal.

Securities

Securities Fraud and Whistleblowers

Most securities fraud prosecutions rely heavily upon whistleblowers or informants. Whistleblowers receive substantial amounts of money in these situations, and informants almost always receive an exceptional amount of leniency. Many people will say practically anything for money or love. Therefore, especially in criminal court where the burden of proof is high, whistleblower and informant testimony is almost per se unreliable.

To overcome this presumption, prosecutors must normally show a track record of accurate information provided in the past or corroborating evidence. Securities whistleblowers and informants usually do not blow the whistle or inform on colleagues more than once. So, that leaves corroborating evidence. A taped conversation usually suffices, as does independent evidence which supports a key detail. Absent such items, judges often throw such testimony out of court.

If the evidence is weak, an Orlando securities fraud lawyer has a much easier time successfully resolving the matter. Such a resolution could be a complete dismissal of charges, a plea to a lesser-included offense, or a not guilty verdict at trial.

Connect with a Zealous Orange County Lawyer

Fraud accusations do not necessarily lead to fraud convictions. For a confidential consultation with an experienced securities fraud attorney in Orlando, contact the O’Mara Law Group, Attorneys at Law. We routinely handle matters in state and federal courts throughout the Sunshine State.

Banner media
Testimonials

What Our Clients Say

Reviews media

Compassionate Assistance

The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.

N.L.

Exceptional Service

Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.

K.M.

Support in Family Law

Mr. O’Mara and his entire staff, especially Alyssa, were absolutely impressive with everything. Very efficient and punctual; their understanding of every little detail was way beyond expectations. Honestly, this law group has made a major difference in my life.

K.R.

Expert Guidance in Family Law

I can't thank Mr. Thompson and his team enough for their outstanding support. From the very first meeting, Sarah was incredibly knowledgeable and attentive. They handled every aspect of my case with such professionalism and care. This legal team truly changed my life.

B.M.

Dedicated to Fighting Your Cause

Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...

R.M.

Nothing Short of Amazing

Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!

G.G.

They Are Top Notch!!!!

I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!

M.M.

Such a Professional and Personable Firm.

Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!

S.D.

I Am Truly Proud

By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.

M.H.

Way Beyond Expectations

Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...

N.L.

They Were Ready to Fight the Fight

When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...

M.S.

Mark Omara was GREAT

Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...

M.
Swiper scrollbar here
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (407) 871-9398.
Contact Us