Questions about how an investment was sold, where the money went, or why promised returns never showed up can turn into a problem that threatens your money, your business, and your name. When a bank, a regulator, or a federal agent starts asking those questions in writing, waiting to respond rarely helps.
Jeffrey S. Weiner, P.A. has tried cases in more than 25 states and argued before the Florida Supreme Court and the United States Supreme Court, experience a Miami securities fraud lawyer at the firm brings to every SEC inquiry, FINRA referral, or federal indictment.
As a Miami securities fraud lawyer handling cases that move between civil regulators and criminal prosecutors, the firm works to put that experience between you and the government as early in the process as possible. Reach out to talk through what the investigation or charge actually means for you.
Our attorneys have tried cases in more than 25 states and argued before the Florida Supreme Court and the United States Supreme Court. Wherever your case stands right now, we've likely stood there before — with a client's freedom on the line.
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Federal law defines securities fraud broadly. Under 18 U.S.C. § 1348, it is a crime to knowingly carry out, or attempt to carry out, a scheme to defraud someone in connection with a public company’s securities, or to obtain money or property through false or fraudulent pretenses tied to buying or selling a security.
Also known as stock or investment fraud, securities fraud may include stock manipulation, false financial reports, misleading statements to corporate regulators, and embezzlement.
A conviction under this statute carries up to 25 years in federal prison and a fine of up to $250,000. The government does not have to prove investors actually lost money, only that the scheme was carried out or attempted.
Because this is a federal crime, the people building the case are not local police.
The U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority, known as FINRA, gather records and testimony long before any arrest. The U.S. Attorney’s Office then decides whether to seek criminal charges on top of whatever civil case the SEC files.
A securities fraud lawyer in Miami has to understand both tracks to push back on either one effectively.
Securities fraud cases rarely involve just one bad trade or a single misleading email. Prosecutors usually build a case around a pattern of conduct, and the government’s theory can take several forms, including:
Each of these theories still depends on proving intent. The government has to show you knew that what you said or sent to investors was false or misleading. That single element is often where a defense is won or lost, long before a jury ever hears about dollar amounts.
Securities fraud is a sweeping charge, which may lead to other state or federal charges, too.
Because these schemes often involve multiple investors, bank accounts, and sometimes several companies, a securities fraud investigation can expand into wire fraud, misappropriation of client funds, money laundering, or a broader conspiracy charge. A conspiracy charge can sweep in business partners, family members, or employees who had far less control over the underlying scheme.
FINRA can also pursue license discipline against anyone who holds a Series 7, Series 63, or similar registration, separate from whatever the Department of Justice decides to do criminally. Treating only the headline charge, and ignoring the related exposure building alongside it, is one of the more common mistakes people make early in these cases.
Most securities fraud cases start quietly, often months before any public charge is filed. The sequence generally looks like this:
A Miami securities fraud lawyer’s work usually needs to start early. The choices made at the Wells notice stage, including what gets said and what gets handed over, often shape whether the Department of Justice decides to bring criminal charges at all.
Not every securities case connected to Miami stays in federal court. Florida prosecutes its own securities fraud cases under the Florida Securities and Investor Protection Act, and the criminal penalties for violating it sit in Fla. Stat. § 517.302. Most violations of Chapter 517 are charged as third-degree felonies, punishable by up to 5 years in state prison.
If the government alleges that someone obtained more than $50,000 from five or more investors, the charge becomes a first-degree felony, which carries up to 30 years.
State and federal prosecutors sometimes work the same set of facts at the same time. The U.S. Attorney’s Office, the SEC, the FBI, and Florida’s Office of Financial Regulation share information under coordinated securities fraud initiatives that have run in South Florida for more than a decade.
Federal securities cases filed out of Miami run through the U.S. District Court for the Southern District of Florida, housed at the Wilkie D. Ferguson Jr. Courthouse on North Miami Avenue in downtown Miami.
The SEC’s Miami Regional Office, which covers Florida, Louisiana, Mississippi, Puerto Rico, and the U.S. Virgin Islands, typically works these cases alongside the FBI’s Miami Field Office and the U.S. Attorney’s Office for the Southern District of Florida well before any charge is filed.
That coordination means that by the time a case reaches a grand jury, several agencies have usually already compared notes on the same transactions.
A securities fraud attorney in Miami who understands how that courthouse and that prosecutor’s office operate can often anticipate what the government’s file contains before it is formally turned over in discovery.
At Jeffrey S. Weiner, P.A., we start from the idea that everyone facing an accusation, including a white-collar charge like securities fraud, is entitled to a full defense.
For over 50 years, the firm has represented people accused of federal and state crimes out of Miami, with trial experience in more than 25 states and arguments before the Florida Supreme Court and the United States Supreme Court.
No. Jeffrey S. Weiner, P.A. offers a free consultation to discuss the facts of an SEC inquiry, FINRA referral, or securities fraud charge. There is no cost to have that first conversation before deciding how to move forward.
The SEC can only bring civil cases, seeking penalties like disgorgement (paying back profits), fines, and injunctions barring someone from the securities industry. A criminal securities fraud charge comes from the Department of Justice and can result in prison time. The two often run at the same time on the same facts.
Yes. Under 18 U.S.C. § 1348, the government does not have to prove an investor suffered a financial loss. Carrying out, or even attempting, the fraudulent scheme can be enough to support a charge.
A Wells notice means SEC staff plan to recommend civil charges and are giving you a chance to respond in writing before that happens. How that response is written can affect whether the case moves forward, and whether the Department of Justice also gets involved criminally.
No. The federal statute also covers futures and options on commodities, and other investment products. Schemes involving futures contracts or cryptocurrency offerings tied to a security can fall under the same securities fraud laws.
Yes. Companies, partnerships, and investment funds can face criminal charges and civil SEC actions alongside the individuals who ran them. A business entity facing this kind of exposure usually needs its own counsel, separate from any individual defendants.
Avoid answering questions on the spot, even if the request sounds informal or routine. Statements made early, before anyone understands the full scope of what investigators already have, are difficult to walk back later in the case.
A securities fraud investigation moves fast once federal and state agencies start comparing notes, and decisions made in the first few weeks often shape whether charges get filed at all. Jeffrey S. Weiner, P.A. offers free consultations to people facing SEC inquiries, FINRA referrals, or a federal or state securities fraud charge connected to Miami.
Contact us today to talk through the facts of your case before you say anything else to investigators.
You may call our office 24 hours a day, 7 days a week. We are always ready to consult with you, whether
by telephone consultation, a meeting in our office, or a visit if you are incarcerated. All communications
are confidential and protected by the attorney-client privilege.
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