SECURITIES FRAUD - FEDERAL APPEALS ATTORNEY
Securities Fraud
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.
SECURITIES FRAUD
Types of Securities Fraud
Securities fraud can manifest in numerous ways, each with unique appeals process challenges. By understanding your securities fraud charges, our attorneys can better evaluate your case and identify the most relevant grounds for appeal.
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.
COMMON GROUNDS FOR APPEALING YOUR CONVICTION
START YOUR APPEAL
Appeal Your Conviction
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If the government did not present enough evidence to prove all the elements of the offense beyond a reasonable doubt, you might be able to appeal on the grounds of insufficient evidence.
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If the jury engaged in misconduct or was improperly influenced, such as through outside information or bias, you may be able to appeal on the grounds of jury misconduct.
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If the prosecutor engaged in misconduct, such as withholding evidence or presenting false testimony, you might be able to appeal on the grounds of prosecutorial misconduct.
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If the instructions were unclear, incomplete, or incorrect, you might be able to appeal on the grounds of improper jury instructions.
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If your attorney provided ineffective assistance, such as failing to investigate or present relevant evidence or to advise you properly about your rights and options, you might be able to appeal on the grounds of ineffective assistance of counsel.
When appealing a securities fraud conviction or sentence, we must identify specific appealable issues to present to the appellate court.
Below are some common appealable issues in securities fraud cases.
Start Your Appeal
There are strict deadlines for filing federal criminal appeals. Contact us immediately.
FEDERAL APPEALS PROCESS
How Elizabeth Franklin-Best, P.C. Can Help You
Elizabeth Franklin-Best will begin by discussing your case with you and reviewing the details of your trial experience. We will searchingly assess your case for legal errors that will form the basis of the brief. During the consultation, we will ensure we explore every detail that may impact your ability to win your case.
Our attorneys begin by meeting with you and reviewing the details of your trial. We look closely for legal errors or constitutional issues that could form the basis for an appeal. During this consultation, we explain your rights in plain language and develop a preliminary strategy tailored to your unique situation.
Initial Consultation
After we review the transcript, we will draft the appellate brief that will be submitted to the court and create the Record on Appeal or Appendix that includes any relevant exhibits that support your claims. This brief is the cornerstone of your appeal. We also respond to the government’s brief if needed, ensuring your case is strongly and thoroughly presented in writing.
Write Appellate Brief
If the Court schedules an oral argument in your case, Elizabeth will prepare and argue the case on your behalf, focusing on the issues that will help you win your case. She doesn’t just repeat what’s in the brief — she answers the judges' specific questions and highlights the most critical legal issues. This is where deep understanding of the law and the facts of your case help make a powerful impact.
Present Oral Arguments
Once all arguments are submitted, the judges issue a decision. They may affirm your conviction, reverse it, or send it back to the trial court. When that decision comes, we walk you through what it means and discuss any further options—such as requesting a rehearing or petitioning the Supreme Court—if additional steps are warranted.
The Final Decision
SECURITIES FRAUD APPEALS
COMMON FAQs
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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.
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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.
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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.
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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.
Elizabeth Franklin-Best should be your top choice for your securities fraud appeal
WHY US?
Knowledge — We deeply understand the law and legal procedures related to securities fraud appeals. We stay up-to-date on the latest developments in this area of the law and can use that knowledge to effectively advocate for you.
Experience — We have helped many clients with a variety of federal criminal appeals. We know the correct procedures, understand the court expectations, and have countless hours delivering oral arguments.
Commitment — We are committed to fighting for your rights and pursuing the best possible outcome in your case. We will work tirelessly on your behalf and will not rest until we have achieved a successful result.
Communication — We believe that communication is key to a successful attorney-client relationship. We will be available to answer any questions and take pride in explaining the legal process to you and your loved ones.
Choosing the right law firm for your securities fraud appeal can make all the difference in the outcome of your case. Our team is dedicated to providing our clients with the highest level of legal representation and advocacy.
Leah K.
“Elizabeth Franklin-Best has a passion for her work, knowledge of the law, compassion for her clients, she listens, and has effective writing skills! She truly fights for you!! Elizabeth Franklin-Best and everyone within her firm provide step-by-step guidance and timely responses to your questions and concerns.”
READY TO SCHEDULE A CONSULTATION?
Time is of the essence in filing an appeal, so it is important to act quickly. We invite you to schedule a consultation to see if we’re the right fit for your case. To ensure every client receives the attention they deserve, we carefully choose the cases we take on as this gives us the ability to give each case the time, focus, and dedication it deserves.