Uncommon Experience

Knowledge Creativity Integrity...

In addition to his SEC defense work, Alex Rue provides consulting services nationwide to clients and other lawyers regarding the process of SEC investigations and litigation. Mr. Rue watched what worked and what didn’t over his twenty-two years with the agency. His observations of which tactics were successful in which cases can help plan and implement a successful and cost-effective defense strategy. His insights into SEC settlement strategies reflect 22 years of experience negotiating settlements and getting them approved. Lawyers less familiar with SEC practices may fail to ask for terms that are likely available and might soften the blow for their clients. If counsel does not participate in SEC investigations frequently, consulting advice may save their clients money and heartache

Alex Rue is available for limited engagements or longer, more comprehensive work. Mr. Rue is also available to consult with compliance departments and firms. Mr. Rue’s consulting services are cost effective and may shave thousands of dollars from the costs of defending an SEC investigation.

Mr. Rue is also available to provide critical evaluations of defense strategies in on-going SEC investigative and litigated matters. Mr. Rue also offers expert legal opinions in a limited number of securities law areas. Mr. Rue has had extensive experience litigating whether a particular business model meets the definition of a security under federal law. He also has extensive experience with Ponzi schemes and so-called “Prime Bank” securities. Mr. Rue is available to provide well-documented expert opinion on what constitutes a “Prime Bank” scheme and whether the particular scheme at hand is a security under federal law.

Photograph of the United States District Court in Charleston, South Carolina. Listed on the National Register of Historic Places in 1974. The building was completed in 1896 in the Renaissance Revival style in grey granite. At the corner of Meeting and Broad Streets, this Charleston classic was the scene of SEC v. Parish, Sec v. Atlantic Securities and SEC v. Green Oasis Environmental. See http://www.alexruelaw.com/representive-cases

SEC Dodd-Frank Whistleblower Rules direct the payment of monetary rewards of between 10% and 30% of whatever amount is collected from judgments over $1 million that result from tips containing high-quality original information that leads to an SEC enforcement action. 15 U.S.C. § 78u-6

The Commodity Futures Trading Commission (“CFTC”) has a whistleblower program similar to the SEC’s program. However, the CFTC’s program is not as active as the SEC’s and no awards have yet been paid under it. According to the CFTC’s 2012 Annual Report on the Whistleblower Program, the CFTC only received 58 whistleblower tips during the year and another 52 tips from individuals to the CFTC whistleblower email address. The CFTC invited the latter group to resubmit their claims on the CFTC’s whistleblower form. Complaints to the CFTC cover a much more narrow subject matter than SEC complaints but may be relevant to investors who have suffered losses in currency trading ventures.

The Byron White United States Courthouse in Denver was completed in 1916 in a Neo-classic design more common in the eastern United States at the time. While it was originally built as a post office and for the U.S. District Court for Colorado, it currently houses the United States Court of Appeals for the Tenth Circuit. The monumental scale and elegance expressed its official and public character, and served as inspiration for other civic buildings in the city. It was listed on the National Register of Historic Places in 1973 and renamed to honor Supreme Court Justice Byron White, a native of Fort Collins, Colorado in 1994. Wikipedia

SEC investigations can destroy reputations, result in the loss of a lucrative profession or, if the case goes criminal, result in long prison sentences. Experienced SEC defense counsel may greatly minimize those consequences.

The need for an experienced SEC Defense lawyer arises in a number of ways.

You get a telephone call from an SEC agent. (The best response is “I will talk to you only after my lawyer is available.”)

You get a letter or a subpoena from the SEC requesting either documents or testimony or both.

You learn from a friend or colleague that your company is being investigated in an area where you have involvement or knowledge.

Your broker calls to tell you that agents from the SEC or FBI have been inquiring about your trading or trading records.

Obviously, there are many other scenarios that might send you looking for SEC defense, or more frighteningly, white-collar criminal defense for a securities related crime. After all, an SEC enforcement investigation can deplete your savings, ruin your career and, if it goes criminal, can result in the loss of your freedom for draconian periods of time. Going it alone, without experienced counsel, even when you believe you have done nothing wrong, simply isn’t prudent. The risks of an unnecessarily harsh outcome are significant.

Niobrara County Courthouse, Lusk, Wyoming circa 1919. The motto above the door – “A Public Office is a Public Trust” applies equally to government employees like the SEC staff. SEC staff who may fail on occasion to take the “high road” may create defenses or settlement opportunities that might not otherwise exist.

Successful whistleblower claimants need experienced counsel to maximize the value of their SEC whistleblower and other federal bounty claims. Experienced counsel is best able to protect claimants’ anonymity, maximize the value of a claimants’ evidence and increase the likelihood that claimants’ tips will be pursued.

With 22 years experience preparing SEC cases for prosecution and resolving those prosecutions, Alex Rue is uniquely experienced to maximize the value of your claim.

Alex Rue has uncommon experience getting matters prosecuted by the SEC. His knowledge of which cases get prosecuted and which ones don’t maximizes the likelihood that his clients’ claims will get the attention required for any recovery. Mr. Rue has a deep understanding of what moves the staff to prosecute one case and ignore another. His clients benefit from that experience. See Whistleblower Basics.

Photograph of the Estes Kefauver Federal Building at 801 Broadway in Nashville, TN. Opened in 1957. Hard to call this one a historic beauty. Venue for SEC v. Park and SEC v. Vallett. See http://www.alexruelaw.com/representive-cases

TEL: 404-808-1397

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AlexRueLaw, LLC
4060 Peachtree Road
Suite D511
Atlanta, GA 30319