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Criminal Defense Specialist – Insider Trading Defense in New York



A criminal defense specialist is often required when federal or state agencies initiate insider-trading investigations involving publicly traded companies. 

 

In this case, our client, an employee of a NASDAQ-listed biotechnology corporation, faced severe allegations after purchasing company stock weeks before a multi-million-dollar licensing agreement was publicly announced. 

 

Because the timing of the trades raised suspicion, regulatory authorities began a formal investigation, placing the client at risk of criminal referral and substantial penalties.


Our criminal defense specialist team immediately intervened, ensuring that the client’s rights were protected while developing a fact-driven strategy that ultimately resulted in a no-charges decision(“insufficient evidence”) from prosecutors. 

 

This case demonstrates how a carefully executed defense can dismantle assumptions frequently made in insider-trading investigations.

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1. Criminal Defense Specialist in New York – Case Background & Initial Risks


Criminal Defense Specialist in New York – Case Background & Initial Risks

 

The client, a mid-level employee at a biotechnology company, bought several hundred thousand dollars’ worth of shares based on what later appeared to be favorable market conditions rather than corporate inside knowledge. 

 

When the company publicly disclosed a major licensing deal approximately one year later, the stock price rose significantly, generating notable profit.


Because the trades preceded a major announcement, investigators presumed the client had used “material non-public information.” 

 

A criminal defense specialist was required to address the severity of potential charges under New York and federal securities laws.



Early investigative pressure & agency inquiry


State regulators and federal investigators contacted the employer, reviewed internal communications, and requested electronic files. 

 

The client learned that the matter might be escalated to prosecutors, making the involvement of a criminal defense specialist crucial. 

 

Investigators relied heavily on timing—an unreliable indicator that our defense team immediately challenged.


We focused on proving that the client had no access to deal-related information, no involvement in negotiations, and no role in corporate decision making. 

 

By reframing the early narrative, the criminal defense specialistteam prevented investigators from drawing unsupported conclusions.



2. Criminal Defense Specialist in New York – Establishing No Access to Inside Information


To counter allegations, our defense required a detailed analysis of the client’s actual job responsibilities. 

 

A criminal defense specialistmust demonstrate that “material non-public information” was neither received nor reasonably accessible to the accused employee.



Demonstrating lack of job-related access


The client was employed in a technical division focused on stability testing and quality-control processes for biological materials. 

 

This department had no involvement in high-level licensing negotiations, strategic planning, or financial forecasting.
 

Our criminal defense specialist team proved that although the client held an employee title, the position did not grant visibility into future corporate contracts. 

 

This severed the assumed link between the client’s employment and the information at issue.



Evidence of public predictability


We also emphasized that five months prior to the client’s trades, the company had publicly disclosed a similar early-stage agreement, making later developments foreseeable to any ordinary investor. 

 

Under New York’s interpretation of insider-trading principles, information is not “material and non-public” when market participants can reasonably anticipate it based on existing disclosures.


The criminal defense specialist successfully argued that the alleged information did not meet the legal definition required for prosecution.



3. Criminal Defense Specialist in New York – Proving Legitimate Investment Motives


Because prosecutors often view profitable timing as suspicious, our criminal defense specialist built an independent narrative showing that the client’s investment was financially rational, long-term, and unrelated to insider knowledge.

 

We gathered financial statements revealing that the investment funds originated from liquid assets inherited from a parent’s estate. 

 

The client redeemed a savings-type insurance product to make the stock purchase, demonstrating stability and transparency.


A criminal defense specialist uses such documentation to counter the idea of rushed, opportunistic insider trading, showing instead a planned and lawful investment strategy.



Evidence of substantial existing assets


Ownership of real estate valued in the millions further supported the argument that the trades were part of broader, routine asset management rather than an attempt to exploit secret corporate information. 

 

Our criminal defense specialist presented property records and contracts, reinforcing the client’s financial credibility and normal investment behavior.



4. Criminal Defense Specialist in New York – Final Review & Non-Prosecution Decision


Criminal Defense Specialist in New York – Final Review & Non-Prosecution Decision

 

After reviewing comprehensive evidence, prosecutors concluded that no reliable proof established that the client received or used material non-public information. 

 

The criminal defense specialist successfully dismantled assumptions tied solely to timing and stock gains.


The investigation closed with a no-charge outcome, protecting the client from criminal penalties, SEC referrals, and employment consequences.


21 Nov, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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