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B&A Bachner & Associates, P.C. Attorneys At Law
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Tenacious Defense In The Heart Of Manhattan’s Financial District

Assertive Legal Defense For Securities Professionals In New York City

A wise course of action for those who are being investigated by the SEC, FINRA or NYSE is to obtain an experienced defense attorney immediately. These regulatory organizations will seek information about you and statements from you. Do not say anything without consulting with a lawyer.

Bachner & Associates, PC has more than two decades of experienced defending brokers and securities professionals. To schedule a consultation at our offices in the heart of New York City’s Financial District, call us at 917-639-5370 or send us an email.

Securities Violations And Investigations

Securities professionals facing fraud investigation and arbitration before the New York Stock Exchange (NYSE), the Financial Industry Regulatory Authority (FINRA) or those prosecuted by the Securities and Exchange Commission (SEC) you can feel confident that the legal firm to call is Bachner & Associates, PC. Our firm serves stockholders and stockbrokers across the nation and around the world.

Our legal team has a wealth of in-depth experience in prosecution and defense for stockbroker fraud and other securities matters. Both of the partners in our firm formerly served as in-house counsel for member firms of the New York Stock Exchange providing an insider’s perspective into fraud investigations pertaining to:

Experienced Representation Is Crucial

Fraud investigations are civil matters that can result in complaints being filed in federal court as well as administrative hearings. During investigations, you will be questioned by regulatory officials and possibly by the media. Even if you have nothing to hide, do not say anything without counseling from our firm.

Statements you make may be construed as obstructing justice and can be used as evidence in a criminal prosecution. In addition, statements made to in-house counsel by an employee are generally not covered by the attorney-client privilege since the in-house counsel represents the firm and not the employee. It is generally in the employee’s interest to hire separate counsel prior to being interviewed by in-house counsel.

Frequently Asked Questions About SEC, FINRA And NYSE Investigations

These answers address the most common concerns from clients. 

What are the potential consequences of an SEC, FINRA or NYSE investigation?

The stakes in these regulatory proceedings are severe and far-reaching. New York takes securities violations with absolute seriousness, and regulators pursue these matters aggressively. You could face: 

  • Substantial monetary penalties running into hundreds of thousands or millions of dollars, depending on the alleged violations.
  • Barred from the securities industry, either temporarily or permanently, which would end your career in finance.
  • Criminal referrals to the Department of Justice occur when regulators believe conduct crosses into criminal territory.
  • Lasting reputation damage in the financial community that persists long after any case concludes.

Each case carries unique factors that determine outcomes, but understanding the full range of consequences helps you grasp the gravity of your situation.

What should I do if I receive a subpoena or inquiry from the SEC, FINRA or NYSE?

Immediate action matters when you receive any regulatory communication. The investigation is already underway, and how you handle these early stages shapes everything that follows. Critical steps include:

  • Do not respond to questions or provide documents without a lawyer reviewing everything first.
  • Preserve all potentially relevant documents and communications; destruction of evidence carries severe penalties.
  • Avoid discussing the investigation with colleagues or on social media, as these conversations can be discovered and used against you.
  • Recognize that time limits for responses are strict, but rushing without proper guidance creates unnecessary risk.

Regulators use initial responses to build their case. Seemingly innocent statements can therefore create serious problems later. 

Can I negotiate a settlement or resolution in an SEC, FINRA or NYSE investigation?

Yes, many of these matters end in a settlement rather than a formal hearing or trial. A settlement often involves a “Letter of Acceptance, Waiver and Consent” (AWC) in FINRA cases. This allows you to resolve the matter without admitting or denying the findings while accepting a specific penalty. Possible resolution paths include:

  • Monetary penalties or disgorgement
  • Consent orders or settlement agreements
  • Compliance undertakings or supervisory conditions
  • Temporary or permanent limits on professional activities
  • Resolutions without admitting or denying findings

However, these agreements are binding and stay on your permanent record. Negotiating the terms requires a deep understanding of the specific rules and how these agencies view different types of conduct. 

Schedule A Consultation With Bachner & Associates, PC

Call us at 917-639-5370, to discuss your fraud investigation or any other securities matter. You can also contact our Manhattan office online, and a representative from the firm will be in touch with you shortly.