Hire an experienced SEC attorney who knows how the SEC conducts its investigations, understands the intricacies of the federal securities and, most importantly, how to formulate and implement a defense strategy designed to beat the investigation.  I formerly worked as a SEC Prosecutor, have been practicing for thirty (30) years, and exclusively handle SEC defense and securities matters.

Ideally, your SEC defense lawyer should have previously worked at the SEC in its Enforcement Division, thus arming you with legal counsel that knows how the SEC operates from the inside, including how it determines whether to close an investigation or to recommend prosecution.   A former SEC prosecutor, like me, will also have the experience of seeing the investigatory process from both sides, a unique perspective providing you great benefit in the event you seek to either fight or settle with the SEC.   Many of my competitors have never worked at the SEC.

Your SEC defense lawyer should also be consistently accessible, attentive and focused on your case.  As a sole practitioner, I will always be your lawyer from inception to conclusion – nobody else.  You will not get a young lawyer learning on your dime, or even a senior lawyer who may not have expertise in SEC matters and/or worked at the SEC.  Bottom line: you don’t need a team of lawyers — you just need one really good one.

You should not discuss the SEC investigation or its subject matter with anyone except your SEC legal counsel, the only individual with whom you can have a confidential, privileged conversation protected under law.  Any conversation you have (other than with your SEC defense lawyer) is non-privileged and may be discoverable by the SEC.  This particularly applies equally to written communications.  Bottom line, hunker down until your SEC defense attorney can learn the facts, communicate with the SEC on your behalf and formulate a strategy designed to diffuse the investigation.

Unfortunately, this sometimes happens once a SEC subpoena is received.  Doing so may constitute obstruction of justice and could elevate a very defensible civil SEC case very quickly to an indefensible federal criminal case.  Preserve all documents to avoid this costly mistake, and to ensure your SEC defense attorney can review all relevant and material information in order to best assess your legal situation and protect you.