Legal Question in Securities Law in California

Re: securities

You may be entitled to criminal restitution if the defendant is found guilty or pleads guilty but the government is not going to represent you individually -- you will have to file a claim and then wait or get in line with everyone else that was wronged. We handle civil securities and fraud cases for a fixed fee so you can be sure of cost certainty and avoid putting good money after bad. The question in most of these cases is what assets are left to recover. If you would like to discuss this further, feel free to contact me at your convenience.

Yours truly,

Bryan

619.200.4929

Re: securities

Although a private citizen's complaint to the police or district attorney (or attorney general) can sometimes prompt action, the filing and prosecution of criminal charges is the sole decision and responsibility of the D.A. (or A.G.). The result, unless there is an acquittal, should include some kind of order for restitution to the victim or victims, but the amount and enforcement are chancy at best.

California securities laws are oriented toward public-area enforcement. Violation of many of the laws, whether civil or criminal penalties are provided, is set up for the complaint to be brought by a D.A., the A.G., or the Commissioner of Securities or other public official. However, there are still some statutes and some common-law (non-statute-based) civil causes of action that can be brought in a private lawsuit.

Individual victims of illegal security sales where the loss goes into the tens of thousands of dollars should have their cases thoroughly reviewed by an attorney experienced in this area to see whether (a) there is a private cause of action for a civil lawsuit on the particular facts; and (b) whether the likelihood of a judgment that can be collected is high enough to warrant the time and expense of suit.

Sometimes additional victims of the same scam can be found and the cases brought at one, to reduce the cost of investigation and prosecution to any particular plaintiff.

No one can accurately predict the outcome of a criminal prosecution or a civil lawsuit, except I suppose sometimes a lawyer can rather confidently tell a prospective client that his chances of ever recovering a nickel are next-to-nil. Sometimes this is because the client's case is very weak, but often it's because the scam artist is broke or can't be found.

Re: securities

Criminal restitution, or a civil suit. Email me if you want to discuss. Is there a criminal prosecution currently ongoing?

Best,

Daniel Bakondi, Esq.

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