The Securities and Exchange Commission (SEC) charged Charles Irwin of Winter Garden Florida for being part of an alleged hedge fund fraud. Mr. Irwin was a registered investment advisor and Principal of Freedom Capital before allegedly enabling clients to place mutual fund orders after 4:00 p.m. ET. Mr. Irwin and the defendants allegedly submitted orders through JB Oxford, who allowed trade orders to be submitted through 4:15 p.m. ET and accepted confirmations till 4:45 p.m. ET while still receiving that day’s NAV. In one year, over 95 of the 1,959 orders were placed or modified after 4:00 p.m. ET. The scheme continued when the respondents allegedly misrepresented themselves to become members of the National Securities Clearing Corporation (NSCC). Mr. Irwin and another defendant allegedly created five entities, Unified Pension Inc., National Pension Plans Inc., Retirement Planning Consultants Inc., Pension Planning Professionals Inc., and Benefit Planning Consultants Inc. to receive approval to register the entities as members of the NSCC, giving them the ability to submit mutual fund purchases till 3:00 a.m. ET. In one month, Mr. Irwin and the defendants processed 63 late mutual fund purchases and 50 sales through two of the entities. In a settlement with the SEC, Mr. Irwin was ordered to pay disgorgement of $31,649.50 and pay prejudgment interest in the amount of $5,613.86. For his cooperation with the SEC, $22,838.68 was waived for a total of $38,000 to be paid to the U.S. Treasury.
Do You Need an SEC Defense Attorney?
The SEC has initiated many investigations and filed many SEC administrative disciplinary proceedings and Federal court actions against corporations and their officers, directors and shareholders stockbrokers, investment advisors and others it believed to have violated the Federal securities laws.
Experienced SEC Securities Law Defense Attorney Handling Winter Garden Florida Investigations and Enforcement Actions
You will need a top rated SEC Securities Law Defense attorney as soon as you receive a telephone call, letter requesting voluntary cooperation or subpoena for testimony or documents in a SEC investigation because this agency acts quickly and aggressively when you appear on its radar. The next thing you know you are a defendant in an SEC administrative proceeding or a Federal court action where you have been enjoined and had all of your bank and securities accounts frozen without notice. You may only have days to persuade a Federal Court Judge why the injunction should be lifted and given back access to your bank and brokerage accounts. These investigations and enforcement actions involve complex securities laws and legal issues which only highly trained and experienced SEC securities law defense trial attorneys can handle.
Attorney Pearce’sknowledge of the Federal securities laws andSEC trial lawyer defense skills are highly regarded throughout Winter Garden Florida and across the nation. He began his career with the SEC at the New York Regional Office in 1980. Thereafter he moved to Florida and has expanded his SEC securities law defense practice nationwide over his 40 year career. In fact, Federal District Court Judge Janet C. Hall has opined in a public court decision about his knowledge and skills:
In short, Attorney Pearce has knowledge and skill gained over  years of specialized training on the minutiae of broker-dealer practices and procedures and SEC enforcement proceedings which could not be obtained by a competent practicing attorney through routine research or legal experience.
Attorney Pearce is one of the few attorneys who has not only single handedly beat the SEC’s team of lawyers, but recovered his clients’ attorney fees and litigation costs incurred in the defense of the government’s flawed investigation and enforcement action. SEC v. Stephen J. Wilson, Defendant, Civil Action No. 04-cv-1331(JCH), 2009 WL 2381954 (D. Conn.).
Free Initial Consultation With An Experienced SEC Securities Law Defense Lawyer Serving Winter Garden Florida Residents
The Law Offices of Robert Wayne Pearce, P.A. understands what is at stake in securities law matters and works tirelessly to secure the best possible result for you and your case. Mr. Pearce provides a complete case review, identifies the strengths and weaknesses of your case, and fully explains all of your legal options. For dedicated representation by a law firm with over 40 years of experience and success in all kinds of securities law and investment disputes serving Winter Garden Florida citizens, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.