Nationwide Representation by Experienced SEC Investigation and Enforcement Action Defense Attorneys
Attorney Pearce began his legal career at the United States Securities and Exchange Commission (“SEC”) as an enforcement attorney more than 40 years ago. His SEC defense law practice clients have included public companies and their officers and directors, broker-dealers, investment advisors, and individuals being investigated in connection with their personal securities transactions.
He has broad and deep experience in matters arising from the alleged 10b-5 Fraud violations including, “insider trading,” Section 16(b) “short swing profit” and Section 14 “proxy rule” violations, as well as Section 9 “market manipulation” cases involving “wash sales,” “marking the close” and “matched trades.”
Mr. Pearce has represented clients throughout Florida and nationwide caught up in SEC investigations, SEC administrative proceedings and/or enforcement proceedings filed in federal court.
A Well Trained and Experienced SEC Defense Attorney in Florida
One U.S. District Court judge wrote extensively about Attorney Pearce’s training, knowledge and experience in SEC investigations in a published court opinion:
Since 1983, Attorney Pearce has continued his specialized education by attending hundreds of hours of seminars focused on SEC and Commodity Futures Trading Commission (“CFTC”) investigation and enforcement proceedings and the practices and procedures of the securities and commodities industry.
He has received intensive training on broker-dealer practices and procedures (both front and back office) in the OTC market and the New York Stock Exchange (“NYSE”), the American Stock Exchange (“AMEX”), and the Chicago Board Options Exchange (“CBOE”).
In short, Attorney Pearce has knowledge and skill gained over 40 years of specialized training on the minutiae of broker-dealer practices and procedures and SEC enforcement proceedings, which could not be obtained by a competent practicing attorney through routine research or legal experience.
Mr. Pearce’s client obtained a complete defense verdict and collected on a Final Judgment against the SEC for over $480,000 for attorney fees and litigation expenses incurred in his six-year battle with the government.
What should I do when I receive a SEC subpoena?
The U.S. Securities and Exchange Commission (SEC) subpoenas are issued to companies and individuals to collect evidence when it has reason to believe federal securities laws may have been violated. At this point, a Formal Order of Investigation has been entered and authority has been granted to its attorneys and investigators to subpoena documents and take testimony to determine whether indeed there is evidence that any violations have occurred.
Subpoenas are issued to persons who may ultimately be the target or subject of the investigation as either a respondent in an administrative proceeding or defendant in an enforcement proceeding to be filed in federal court. Subpoenas are also issued to individuals and entities the SEC attorneys and investigators believe may have some evidence of the suspected violation. The SEC will not tell you whether you are a target, subject or mere witness. In fact, the SEC attorneys and investigators will tell you nothing about the investigation!
So, the first thing you need to do is contact an experienced SEC defense attorney to help you quickly decide how you are going to respond to the subpoena. Individuals (not corporations or other legal entities) always have their right to assert their privilege to not incriminate oneself as guaranteed by the Fifth Amendment to the U.S. Constitution. Once you produce documents or information or testify it may be too late to assert your Fifth Amendment right! In a published Court opinion, Federal District Court Judge Janet C. Hall wrote:
“Since 1983, Attorney Pearce has continued his specialized education by attending hundreds of hours of seminars focused on SEC and Commodity Futures Trading Commission (“CFTC”) investigation and enforcement proceedings and the practices and procedures of the securities and commodities industry. He has received intensive training on broker-dealer practices and procedures (both front and back office) in the OTC market and the New York Stock Exchange (“NYSE”), the American Stock Exchange (“AMEX”), and the Chicago Board Options Exchange (“CBOE”). In short, Attorney Pearce has knowledge and skill gained over [40] years of specialized training on the minutiae of broker-dealer practices and procedures and SEC enforcement proceedings which could not be obtained by a competent practicing attorney through routine research or legal experience.”
In today’s regulatory environment, matters that begin as routine and informal inquiries by the SEC can often end up as serious enforcement cases or criminal investigations. In dealing with SEC inquiries, it is critical for the client to bring a veteran defense lawyer to the table immediately.
Attorney Pearce was trained at the SEC more than 40 years ago. Since then, he has accumulated a detailed understanding of how the SEC Enforcement Staff approaches investigations and which strategies are most likely to be effective in responding to an informal inquiry from the staff or formal investigation. If Mr. Pearce is unable to resolve an investigation satisfactorily, he is prepared and has successfully litigated against the government.
In fact, Mr. Pearce is one of a handful of attorneys nationwide who has won defense verdicts and obtained a final judgment against the SEC under the Equal Access to Justice Act (“EAJA”) for hundreds of thousands of dollars for attorney’s fees, expert witness fees and other costs incurred by a client who was wrongfully prosecuted in a market manipulation case.
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At The Law Offices of Robert Wayne Pearce, P.A., we believe the ultimate barometer of our success is surpassing the expectation of our clients.
The following clients have direct knowledge of our firm's processes from the inside and experienced our fierce advocacy.
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