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What Constitute Securities Fraud And Liabilities Under 18 USC 1348
Securities fraud is a criminal offense that is punishable under 18 USC 1348. The law has the intention of protecting investors against fraudulent securities, such as stocks and bonds, through the imposition of disclosing important facts related to all forms of trade securities. To become liable for the offense, one must have committed the following acts:
- Causing to defraud another person related to a commodity transacted for a future delivery. It may include any form of a security that is included in the classification provided by the Securities and Exchange Act.
- The commission of misrepresentation, false statements, or false promises to obtain anything of value, such as money and property, in relation to a sale or purchase of a commodity.
- Failure to disclose material facts related to the exchange of securities and provide false statements instead.
The Federal Bureau of Investigation (FBI) may investigate the crime of securities fraud and crimes related to manipulating the financial market and defrauding the investors. The office of the United States Attorney under the Department of Justice may also find meritorious cases to investigate the crime of securities fraud under 18 USC 1348 in relation to insider trading and pursue the prosecution for the commission of the offense.
The penalties for securities fraud may vary with different sanctions according to the nature of the acts or omission constituting the offense under 18 USC 1348.
- Imprisonment of 5 years for each instance of securities fraud
- Payment of a fine depending on the value of the securities involved
- Restitution of the amount defrauded
- Anyone who certifies the report required knowing it to be false shall be liable to a fine not more than $5 million or imprisonment of not more than 20 years or both.
Long-term prison sentence can sometimes be avoided in white collar crimes, such as a securities fraudpursuant to18 USC 1348. Wall Street Prison Consultants specializes in helping federal and state offenders to obtain sentence reductions through programs that can help provide alternative solutions to long term incarceration. Our consultation services employ investigative and research processes to assist inmates and their lawyers in finding the best solution and alternatives available to reduce prison terms of an inmate. Discuss possible solutions to your issues today. Contact Wall Street Prison Consultants at 855-577-4766. We’re here to help!