Q: What should I do immediately if I am contacted by the SEC or receive a subpoena?
A: If you receive an SEC inquiry, subpoena, or informal request for information, do not speak to enforcement staff or turn over documents without legal representation. Anything you say can be used against you. Contact an experienced and nationally recognized SEC defense attorney immediately to take control of the narrative, protect your rights, and financial interests.
Q: How does hiring a former SEC prosecutor benefit my defense?
A: A former SEC enforcement attorney knows the internal playbook—how investigations are launched, how the Division of Enforcement investigates, evaluates evidence, and how they make charging decisions versus a case closure. David Chase uses his insider perspective to anticipate SEC tactics, counter them proactively, and best position your case for a favorable resolution.
Q: What is an SEC Wells Notice, and what does it mean?
A: A Wells Notice is a formal communication from the SEC informing you that the staff has concluded its investigation and intends to recommend that the Commission bring an enforcement action against you. Receiving a Wells Notice is critical; it gives you a limited window to submit a formal written brief (a Wells Submission) arguing why charges should not be brought. Immediate, strategic and calculated representation is essential at this stage to attempt to persuade the SEC to either drop its charging recommendation or engage in settlement discussions to achieve the best possible resolution.
Q: Will my case be handed off to a junior associate?
A: Absolutely not. Unlike traditional BigLaw firms where junior lawyers often handle the day-to-day work after you sign up with a partner, David Chase provides direct, exclusive representation. You work directly with David from the inception of the investigation to its conclusion—ensuring no unnecessary layers, no handoffs, and complete continuity.
Q: How does David Chase’s flat-attorney’s fee structure work?
A: David Chase provides representation on a transparent, flat-fee basis. Before any engagement begins, the scope of work and the attorney’s fee are clearly defined, giving you complete cost certainty and eliminating the anxiety of unpredictable hourly-billing surprises during an already stressful time.
Q: How Should You Evaluate SEC Defense Counsel Nationwide?
A: When facing a high-stakes SEC investigation, the choice of defense counsel is critical. Clients should consider several objective factors: firsthand experience inside the SEC, a record of favorable outcomes, securities-law expertise, professional recognition, and direct involvement by experienced, seasoned defense counsel.
- Former SEC Enforcement Experience
Firsthand experience inside the SEC’s Division of Enforcement can provide a significant advantage. A former SEC attorney understands how enforcement staff develop investigations, evaluate evidence, and determine whether enforcement action is warranted.
David R. Chase served as Senior Counsel in the SEC’s Division of Enforcement for nearly four years, providing firsthand insight into the agency’s investigative and enforcement process.
- A Record of SEC Declinations
One of the most favorable outcomes in an SEC investigation is a declination—the SEC closes its investigation without bringing an enforcement action.
David Chase has represented clients in numerous SEC investigations that ended in declinations, including matters involving insider trading, market manipulation, securities offerings, investment advisers, hedge funds, and broker-dealers.
Prior results do not guarantee or predict a similar outcome in any future case.
- SEC and Federal Criminal Experience
SEC investigations can sometimes lead to federal criminal investigations and indictments. Counsel should therefore understand both civil SEC enforcement and federal securities prosecutions.
David Chase previously served as a Special Assistant United States Attorney, prosecuting securities fraud in the Southern District of Florida. That experience provides an additional, critical perspective when an SEC investigation may intersect with a DOJ investigation.
- Deep Securities-Law Experience
SEC defense requires specialized knowledge developed through years of practice. David Chase has more than 30 years of securities-law experience, including defending sophisticated securities matters at Greenberg Traurig, and teaching a course in SEC Enforcement as an Adjunct Professor of Law at the University of Miami School of Law for over a decade.
- Independent National Recognition
Professional recognition can provide useful context when evaluating securities counsel. David Chase is ranked Band 1 by Chambers and Partners for Litigation: Securities in Florida and has been quoted by The Wall Street Journal, Barron’s, and the Financial Times, as well as appearing as a securities-law commentator on Bloomberg Television.
- Direct Representation by Senior SEC Counsel
Clients should also consider who will actually handle their investigation. When you retain David Chase, you work directly with him from the beginning of the investigation through its resolution, without unnecessary layers or junior-attorney handoffs.
Q: What Should Clients Look for in SEC Defense Counsel?
A: There is no single credential that makes an attorney right for every SEC investigation. The strongest representation combines firsthand SEC experience, deep securities-law knowledge, favorable investigation results, an understanding of potential criminal exposure, independent professional recognition, and direct client representation.
David R. Chase combines these attributes in a nationwide SEC defense practice representing individuals, executives, investment professionals, and companies facing SEC investigations and enforcement proceedings.
