Experienced Securities Fraud Attorney in Indiana
Securities fraud inquiries often include a wide range of documents. Charges in these cases can also implicate Indiana and federal law. Potential consequences as a result can be serious. An Indiana securities fraud lawyer can evaluate the allegations, identify which securities fraud laws have been implicated, and discover weaknesses in the evidence used to support the accusation.
About The Criminal Defense Team
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is an Indiana criminal defense-only law firm. Our attorneys collectively represent over 100 years of experience in criminal defense. We staff every case we accept with at least two attorneys and a paralegal. This system allows our attorneys to collaborate on trial strategies and divide and conquer the massive amounts of discovery that complex financial cases often produce.
There are currently six Board-Certified* Criminal Trial Specialists in the entire state of Indiana, and five of them practice at The Criminal Defense Team. Not all of our attorneys are board-certified, but five of them are.
The Importance of Legal Support
Just as you would seek a specialist to handle a serious medical issue instead of your primary doctor, criminal defendants facing significant criminal charges should consider hiring an Indiana securities fraud attorney who has proven experience in criminal trials.
In addition to former federal prosecutors and public defenders, our team includes a former prosecutor who has experience working with felony prosecutions and homicides. He provides our team with a firsthand account of how the State analyzes evidence and formulates its theory of a criminal case.
Understanding Securities Fraud in Indiana
Securities fraud often involves deception or fraud in relation to the sale, purchase, or offer to sell or purchase securities. Securities can include more than publicly traded stocks. Investment contracts, notes, interests in business ventures, and other types of financial instruments can also fall under securities regulations depending on the facts.
Indiana Code § 23-19-5-1 outlines several offenses related to securities that can constitute fraud. Individuals can be found to have committed securities fraud through deceptive schemes, material misrepresentations, the omission of facts that make statements misleading, or fraudulent conduct. Examples of securities fraud include:
- Giving investors materially false information about a company or investment risk
- Withholding material facts
- Misappropriating money invested in a project
- Manipulating investment records
- Trading securities while in possession of material nonpublic information
- Operating an investment scam through allegedly fraudulent representations
While any of the above activities can raise red flags with law enforcement, the facts matter considerably. A poor investment or failed business venture does not necessarily equate to criminal fraud. Investigators must review what was represented to others, what the defendant actually knew, and whether the conduct fits the elements of the alleged crime.
Statistics
Out of 66,662 total cases reported to the Commission in fiscal year 2025, 202 were securities and investment fraud offenses. Securities and investment fraud offenses have risen 43% since fiscal year 2021.
Indiana Securities Fraud Penalties
Knowingly breaking the specified provisions of the Indiana Uniform Securities Act, as outlined in Indiana Code § 23-19-5-8, is classified as a Level 5 felony. Knowingly violating the general fraud statute can increase to a Level 4 felony if a person 60 years of age or older was allegedly defrauded, misled, or deceived.
Violations of the statute can also qualify for Level 4 felony penalties if they involve someone with whom the defendant has a religious affiliation or worship relationship. Securities allegations can result in both state and federal charges, depending on the circumstances.
Evidence Used in Securities Fraud Cases
Financial crimes can produce enormous quantities of evidence. In these cases, prosecutors can review:
- Bank statements
- Investment accounts
- Emails
- Text messages
- Phone records
- Computer files
Context can be important during review. A message appearing misleading by itself could have a completely different interpretation when considered with other paperwork. Financial losses also do not necessarily prove intent to deceive.
Our Approach
Fortunately, The Criminal Defense Team has the resources to analyze large quantities of evidence instead of rushing through paperwork in a document-intensive case. Multiple attorneys can review the allegations, analyze financial documents against each other and communications, identify inconsistencies, and determine whether the evidence actually proves every element of the alleged crime.
For state cases based in Marion County, hearings may occur at Marion Superior Court, which is located at 675 Justice Way, Indianapolis, IN 46203. No matter if you live in Indianapolis, Carmel, Fishers, Greenwood, Noblesville, or elsewhere in Indiana, your charges and evidence determine how your case is handled.
Proving Intent in a Securities Fraud Case
Prosecutors often focus on what the accused person knew and intended at the time of the alleged fraud. Just because someone made a poor decision or suffered financial loss does not mean that fraud has occurred. The State must prove you possessed the mental state required for the charged offense.
Direct evidence of knowledge or intent is not always available. Prosecutors may use surrounding circumstances to establish intent or knowledge. For example, a prosecutor may compare a private conversation through text messages to what was told to investors. However, it’s important to differentiate between poor decisions and intentional deception. For example, unrealistically projecting future income is not the same as intentionally providing false numbers.
Defense attorneys can investigate whether the prosecution actually has evidence of fraudulent intent. Otherwise, the evidence could suggest a simple business dispute, bad investment prediction, misunderstanding, accounting error, or any number of explanations that do not amount to a crime.
State Versus Federal Securities Fraud Charges
Securities fraud charges can be brought at the Indiana state level, federal level, or possibly both, depending on what occurred. Under Indiana law, any deceptive or fraudulent actions linked to the offering, selling, or buying of a security are forbidden.
Federal agencies like the FBI and SEC are empowered to look into claims of securities fraud within Indiana, particularly when the alleged violations touch upon federal laws and rules concerning securities transactions, investment schemes, insider dealings, misleading investors, or other questionable activities. Federal authorities may also get involved if the alleged crime crosses state boundaries.
Knowing if you’re up against state or federal charges is crucial, as the legal processes differ significantly, and a guilty verdict carries distinct penalties depending on the jurisdiction. Federal investigations may include inquiries by the FBI and are brought by the U.S. Attorney’s Office. Indiana criminal charges are filed in state court. Federal charges may be issued by a grand jury.
What to Do if You Are Charged With Securities Fraud?
Being accused of securities fraud may cause you to want to immediately explain your transactions to law enforcement, speak with investors, or provide context to investigators. It is important to remember that any statements you make could become part of their investigation.
You should not speak with investigators about the allegations without speaking to an attorney. Additionally, you should not try to influence witnesses or other people involved in your case to change their story or alter their account of events. Keep all documents and information that might be relevant to your case. In securities fraud investigations, evidence commonly includes emails, texts, contracts, financial statements, bank records, trade histories, and various other data.
Engage an Attorney
Tampering with or getting rid of documents once you’re aware of an inquiry could result in additional charges and may remove evidence that could prove your innocence. Speak with your attorney about which information is important to preserve.
Be mindful of court dates. If you fail to appear in court, you could face additional charges. In federal court, you may be notified of the charges against you and of your rights at your initial appearance. At this hearing, the judge may also hold a detention hearing to determine whether you should be released prior to trial.
Cooperate with your lawyer. You should provide your attorney with all information regarding the securities transactions at issue in your case. Remember, just because a document or piece of information appears to hurt your case, it does not mean your attorney cannot use it. Your lawyer is required to maintain the confidentiality of communications. Your lawyer may need time to review the information, so provide any information you have as soon as possible.
When to Hire a Securities Fraud Lawyer?
Securities fraud cases require an attorney who is going to analyze the legal accusations and financial evidence. Legal counsel can determine if evidence was taken out of context. They can meet with prosecutors and prepare your case for trial.
When you hire a securities fraud lawyer, it can help when investigators start asking questions before formal charges are filed. A criminal defense attorney can speak to prosecutors or investigators on your behalf and prevent you from making statements or decisions that could harm your defense.
Contact The Criminal Defense Team Today
Legal charges related to securities can threaten your freedom, career, finances, and reputation. Your case deserves a prepared defense team that can review complex financial evidence instead of rushing the process. The Criminal Defense Team of Baldwin Perry & Wiley P.C. has five of Indiana’s six Board-Certified* Criminal Trial Specialists, over 100 years of collective experience, and a collaborative approach to criminal defense.
We also offer a 24/7 lawyer on-call system to make sure our clients can talk to an attorney when urgent matters arise. Contact The Criminal Defense Team today to discuss your securities fraud allegations and learn about your defense options.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.