Crime of Affecting Market Price With False Statements

Vegas Defense Lawyers Explain Crime of Affecting Market Price With False Statements

When assets are traded on open markets, it is imperative that those markets have integrity and that no market manipulation occurs. In fact, to prevent manipulation of markets, the state of Nevada has made it a criminal act to publish false statements in order to affect market prices.

If you have been accused of publishing false statements for purposes of impacting market prices, you could face harsh consequences including criminal charges that could lead to a gross misdemeanor conviction. Jail time is a possible consequence if you are found guilty of market manipulation through the publication of false statements, and you will very likely also see your career and reputation destroyed.

Fighting against charges related to publishing false statements of the market price is important, but to do so effectively, you will need to be represented by an experienced Vegas criminal defense attorney with knowledge of Nevada’s laws and with the ability to help you craft the most effective defense strategy.

The right response to charges will depend upon the evidence the prosecutor has against you, as prosecutors have the burden of proving guilt beyond a reasonable doubt. If you can make the court question any element of the offense, you should be acquitted – and LV Criminal Defense will help you to present defenses or raise questions that introduce that doubt. We can also negotiate on your behalf when the most favorable outcome is likely to come from a plea agreement.

To find out more about how our compassionate and knowledgeable legal team can help you to respond to accusations that you published false statements in order o impact market prices, you should give us a call today.

Nevada Criminal Laws on Publishing False Statements to Affect Market Price

In Nevada, manipulating the price of a stock, security, or property by making false statements is considered to be a fraud offense and a crime against property. The statute that prohibits this type of behavior is thus found in Chapter 205 of the state’s penal code dealing with property offenses and is found within the fraud and false personification subsection of this chapter.

The relevant statute is found in the Nevada Revised Statute section 205.440. The statute both defines the offense, which means detailing what a prosecutor would need to prove, and explains the penalties that a defendant could face if the defendant has been convicted.

According to the relevant statute, any person could be charged with the offense of publishing false statements to affect market prices. A defendant could be convicted if he acted with the intent to impact the market price of a security or property. The prosecutor would need to prove that the defendant, with the goal of manipulating the price of a stock or property, circulated or published false or misleading writings, statements, or intelligence.

If a prosecutor can successfully meet the burden of proof and demonstrate beyond a reasonable doubt that the defendant engaged in this unlawful conduct, then the defendant could be charged with a gross misdemeanor offense. While not as serious as a felony, a gross misdemeanor is more serious than a simple misdemeanor crime and a defendant will likely face a term of imprisonment if convicted. The defendant’s resulting criminal record can also impact his future after conviction under N.R.S. 205.440.

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