• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

sec subpoena federal criminal case question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

s0nilamb

Junior Member
Here's my question,

I was charged criminally for something, evidence it circumstantial.

my question is the SEC investigator got a FORMAL investigation on oct 6th, at which point then and only then they are legally allowed to get subpoenas to get search warrants, seize my computers, and request copies of my ip address.

the situation here, is after reviewing their information, they actually got the subpoenas issued in california, while i am in ny 2 weeks before the formal investigation was actually approved on.

is this grounds for dismissal based on that, and can the lead investigation attorney for the SEC have repercussions for his unethical conduct?

thank you so muchWhat is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
]
I was charged criminally for something, evidence it circumstantial.
Financial crimes are typically based on circumstantial evidence. Usually the activity isn't such that witnesses are present for the actual act.

is this grounds for dismissal based on that,
Your lawyer will indicate if the evidence was illegally obtained and motion to be made to exclude it. If there's no case after that exclusion, you'll not be convicted. However, the SEC subpoena authority is pretty broad and I'm skeptical that there's any violation here that would invalidate these. Once the SEC gets a judge to approve them, that's really the legal approval.
and can the lead investigation attorney for the SEC have repercussions for his unethical conduct?
It's possible
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top