Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Orlando Securities Fraud Lawyer
When people come to us for criminal defense, it is usually during the worst time in their lives; they are worried, confused and stressed.
Content last updated on: March 22, 2024
Most fraud crimes have direct and collateral consequences. Securities fraud prosecutions might have the worst of both these things. The direct consequences could mean up to thirty years in prison. Indirect consequences include loss of a securities license and the long-lasting stigma that such convictions often involve. An attorney can minimize or eliminate these direct and indirect consequences, so defendants can move on with their lives.
The experienced Orlando securities fraud lawyers at the O’Mara Law Group routinely handle these matters throughout the Sunshine State. This expertise allows us to strongly advocate for you, both in court and at the negotiating table. There is so much at stake that your case should never serve as a training tool for an inexperienced lawyer. These advocates, though well-meaning, cannot focus solely on your representation as they feel their way through a legal proceeding. You and your family deserve better.
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 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.
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221 NE Ivanhoe Blvd.
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Orlando, FL 32804
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