Were you convicted of securities fraud?
Do you feel like you’ve exhausted all your options and have nowhere to turn? Have you tried and failed to navigate the appeals process on your own?
At Elizabeth Franklin-Best in Columbia, SC, we have the experience to help you fight for your rights and challenge your securities fraud conviction or sentence. We’ll provide you with a personalized approach to ensure that your case is given the attention it deserves.
With support and guidance from our federal appeals lawyers, you can regain your reputation and livelihood. Contact us today to learn more about how we can help you fight for justice and take control of your future.
Securities Fraud Overview
As defined by the United States Code (Title 15, Chapter 2B, Section 78j), securities fraud involves using manipulative or deceptive practices concerning the purchase or sale of any security.
This serious offense can lead to severe financial penalties and imprisonment. Securities fraud can occur in various forms, and understanding these different types is crucial for mounting an effective appeal.
Types of Securities Fraud
Securities fraud can manifest in numerous ways, each with unique appeals process challenges.
Some common forms of securities fraud include:
- Insider trading occurs when a person with access to non-public, material information about a company trades its securities to gain an unfair advantage in the market.
- Market manipulation involves the artificial inflation or deflation of a security’s price through deceptive practices, such as spreading false information, engaging in “pump and dump” schemes, or placing manipulative trades.
- Ponzi schemes are a type of investment fraud where returns to earlier investors are paid using the capital from new investors rather than from profits earned by the operation of a legitimate business.
- Accounting fraud involves intentionally manipulating financial statements to present a more favorable financial picture than what truly exists.
By understanding your charges, our attorneys can better evaluate your case and identify the most relevant grounds for appeal.
This comprehensive approach allows us to build a strong and persuasive appellate argument on your behalf.
Grounds for Appealing Securities Fraud Convictions and Sentences
When appealing a securities fraud conviction or sentence, we must identify specific appealable issues to present to the appellate court.
These issues typically involve errors or oversights made during the trial process that may have impacted the case outcome.
Below are some common appealable issues in securities fraud cases.
Sentencing errors refer to mistakes made during the sentencing phase of a criminal case, which may include incorrect application of sentencing guidelines, miscalculation of the loss amount, or improper consideration of aggravating or mitigating factors.
These errors can result in an unfair sentence for the defendant and may provide grounds for an appeal or resentencing, depending on the nature and impact of the error. Our attorneys will carefully review your case to identify errors that could serve as grounds for appeal.
Prosecutorial misconduct refers to improper actions or ethical breaches by a prosecutor during a criminal case. Examples include withholding exculpatory evidence, making prejudicial statements, introducing inadmissible evidence, and misrepresenting facts.
Such misconduct can compromise a defendant’s right to a fair trial, potentially leading to wrongful convictions or grounds for an appeal.
Ineffective Assistance of Counsel
In some cases, a defendant’s original counsel may have provided ineffective assistance, leading to an unjust conviction or sentence. Ineffective assistance of counsel can take many forms, such as failure to investigate or present crucial evidence, inadequate cross-examination of witnesses, or improper legal advice.
If our attorneys identify instances of ineffective assistance of counsel in your case, this may serve as a valid ground for appeal.
How Our Federal Appeals Attorneys Help You
An effective federal appeal necessitates meticulous preparation and a comprehensive understanding of the legal issues involved.
Our seasoned attorneys will guide you through every stage of the process, ensuring that all essential steps are taken to optimize your chances of success:
- Complete a comprehensive case analysis. A thorough review of your case is the foundation of a successful appeal. Our attorneys will meticulously examine the trial record, evidence, and legal arguments presented during your original trial.
- Develop a robust appellate strategy. Once we have identified the potential grounds for appeal in your case, our attorneys will devise a robust appellate strategy emphasizing the errors or injustices that occurred during your original trial.
- Draft persuasive appellate briefs. Our attorneys will draft a persuasive and well-organized appellate brief that clearly outlines the legal errors in your case and presents a strong argument for overturning your conviction or sentence.
- Provide oral arguments and courtroom advocacy. Sometimes, the appellate court may request oral arguments from both parties. Our attorneys are skilled courtroom advocates with experience presenting oral arguments before federal appellate courts.
By working closely with our clients and dedicating the necessary time and resources to each case, our securities fraud federal appeals attorneys provide you with the best possible chance of success in your appeal.
Why Choose Our Law Firm for Your Securities Fraud Appeal
When it comes to your federal appeal, selecting the right law firm can make all the difference.
Our law firm is dedicated exclusively to federal appeals, particularly in securities fraud cases:
- Experience — Our team has over 20 years of combined experience in handling federal appeals.
- Personalized representation — We take the time to understand the details of your case and work closely with you to develop a customized legal strategy.
- Proven track record — Our law firm has a history of success in handling securities fraud federal appeals. Our attorneys have successfully overturned convictions and sentences, achieving favorable outcomes for clients facing securities fraud charges.
Choosing a law firm that focuses solely on federal appeals, particularly in securities fraud cases, is crucial. These firms possess the experience to tackle the unique challenges that come with securities fraud appeals.
Moreover, a law firm with a singular focus can devote its full attention and resources to your case, ensuring the best possible outcome.
Contact Our Federal Appellate Attorneys Today
Don’t let a securities fraud conviction or sentence define your future. Our dedicated and experienced securities fraud federal appeals attorneys are here to help you navigate the complex appellate process and fight for the justice you deserve.
Don’t hesitate to act if you or a loved one has been convicted of securities fraud and believe an appeal is warranted. Time is of the essence, as federal appeals have strict deadlines that you must meet to preserve your right to appeal.
Contact our law firm today to schedule a confidential consultation with one of our skilled attorneys.
FAQ: Securities Fraud Appeals
What is the timeframe for filing a federal appeal?
The deadline for filing a federal appeal varies depending on the specific circumstances of your case. Generally, you must file a notice of appeal within 14 days of the entry of judgment. However, consulting with an attorney as soon as possible is crucial to ensure you meet all relevant deadlines.
Can I present new evidence during my appeal?
In general, presenting new evidence during a federal appeal is not allowed. The appellate courts review the trial court’s decisions based on the existing trial record. An appeal aims to determine whether legal errors occurred during the trial, not to reevaluate the facts or introduce new evidence.
What are the potential outcomes of a securities fraud appeal?
A successful appeal may result in a new trial, a reduction of charges, or even dismissal. The specific outcome depends on the nature of the legal errors identified and the strength of your appellate argument.
How much does it cost to hire a securities fraud federal appeals attorney?
The cost of hiring a securities fraud federal appeals attorney can vary depending on the complexity of your case, the attorney’s experience, and the specific fee structure of the law firm. Discussing these costs upfront during your initial consultation is essential to ensure you clearly understand the fees involved.