stakes could not be higher. The Department of Justice remains as focused as ever in prosecuting what it believes to be financial fraud, as evidenced by the recent creation of the Financial Fraud Enforcement Task Force, which has been tasked with “vigorously” pursuing financial fraud. In fact, the government declared that by “creating this task force, the President has elevated the fight against mortgage fraud, securities fraud and other forms of financial fraud to a cabinet-level priority.” Attorney General Holder made no mistake about the mission of the task force when announcing its formation in November 2009: “We will investigate you, we will prosecute you, and we will incarcerate you. We will be relentless in our investigation of corporate and financial wrongdoing, and will not hesitate to bring charges, where appropriate, for criminal misconduct on the part of businesses and business executives.”

Given this priority level, it is imperative that you obtain legal representation as early as possible if you or a family member is the subject of a securities fraud investigation or prosecution. Despite the Wall Street Journal’s recent observation that “bad judgment is still not illegal,” and that “prosecutors should reserve their efforts for clear cases of fraud, rather than imagining criminal behavior into mistaken business judgments,” prosecutors continue to employ these statutes to second-guess business decisions made by executives and professionals.

These matters are often factually and legally complex. A person’s good faith belief in the legality of his conduct can be a defense to securities fraud actions, and the origin of this defense lies in a comprehensive investigation of the facts and relevant legal principles. We have the resources, experience and skills to effectively defend securities fraud investigations or prosecutions, and invite you to contact us to learn more.