Securities fraud occurs when a person willfully violates or engages in a conspiracy to violate provisions of state or federal securities laws. Under Minnesota law, a person can face criminal prosecution for willfully violating any statute under Minnesota’s Securities Act or any rule or order adopted or issued by the state securities regulators or for knowingly issuing a materially false or misleading statement. Criminal penalties for violating Minnesota’s securities laws include imprisonment for up to five years, a fine of up to $10,000, or both.
Under federal criminal law, a person may face prosecution for securities fraud if they knowingly execute or attempt to execute a scheme to:
- Defraud any person in connection with any security, commodity for future delivery, or option on a commodity for future delivery
- Obtain by false or fraudulent pretenses, representations, or promises any money or property in connection with the purchase or sale of any security, commodity for future delivery, or option on a commodity for future delivery
Federal law further defines a “securities fraud offense” as involving a violation of:
- Section 32(a) of the Securities Exchange Act of 1934
- Section 23 of the Securities Act of 1933
- Section 217 of the Investment Advisers Act of 1940
- Section 39 of the Investment Company Act of 1940
- Section 325 of the Trust Indenture Act of 1939
A federal conviction for securities fraud can impose a penalty of up to 25 years in prison, a fine, or both. People convicted of securities fraud may also face restitution obligations requiring them to reimburse their victims for their financial losses.