securities

Andersen, P.C.
Securities Regulatory Attorney

crowdfunding

The JOBS Act, Crowdfunding and Raising Capital Over the Internet

The firm provides regulatory guidance and advice to funding platforms and portals, broker-dealers and issuers who seek to raise capital under Title II, III or IV of the JOBS Act.

The firm assists its clients to comply with the requirements of the federal securities laws, including the Securities Act of 1933, state blue sky laws, and FINRA rules, when participating in the raising of capital in interstate or intrastate offerings.

The firm advises clients on portal and broker-dealer registration and regulation, general solicitation, offering exemptions, advertising, and regulatory and litigation risks.

Spitzer

U.S. Securities and Exchange Commission and FINRA Defense Practice

The firm represents entities and individuals who are under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), state securities commissions and law enforcement agencies. The firm is focused on representing broker-dealers, investment advisers, investment platforms and portals, issuers, hedge funds and their employees in governmental and self regulatory organization investigations and disciplinary actions. The firm also conducts internal investigations for financial service firms, advises firms on their obligations under federal and state securities laws, and defends clients in securities civil litigation and arbitration.

compliance

Compliance Advice

The firm provides advice to broker-dealers, investment advisers, funding platforms and portals, hedge funds and issuers of securities to ensure compliance with the federal securities laws and the standards required by the SEC, FINRA and the state securities regulators, including:

  • anti-money laundering (AML);
  • the preparation of written supervisory procedures, including supervisory control procedures;
  • independent testing, identifying weaknesses or vulnerabilities, and improving compliance programs;
  • registration;
  • compliance with new rules;
  • meeting fiduciary duty standards and managing conflicts of interests;
  • advertising, including social media;
  • safe harbors under the federal securities laws;
  • the appropriateness and legality of certain compensation, fees, commissions and/or other charges;
  • due diligence for offerings or products, including the sale of complex products to retail investors; and
  • accredited investor verification.

Scott M. Andersen

Scott M. Andersen

Scott Andersen is principal at Andersen, P.C., a securities regulatory and defense law firm. Mr. Andersen from March 2012 to February 2015 was deputy regional chief counsel at the Financial Industry Regulatory Authority (FINRA) in Los Angeles, where he oversaw all FINRA enforcement cases prosecuted by the Los Angeles office and managed the West region’s attorneys. Mr. Andersen has broad experience with regulatory investigations and enforcement actions. He has led complex criminal and civil prosecutions for the New York State Attorney General’s office, the New York Stock Exchange and FINRA. He has worked on significant matters involving: pump and dump frauds, illegal stock distributions in violation of Section 5, insider trading, research analysts conflicts of interest, market timing/late trading, enterprise corruption, stock manipulation, improper sales of complex products, and supervision and supervisory control systems. His earlier positions include: enforcement director, FINRA, NYC, July 2007 to March 2012; enforcement director, NYSE Regulation, Inc., NYC, December 2004 to July 2007; trial counsel/senior special counsel, NYSE Regulation, Inc., NYC, August 2003 to December 2004; co-chief, Securities Prosecutions Unit, Bureau of Investor Protection and Securities, Office of the New York State Attorney General, NYC, June 1999 to August 2003; and Assistant Attorney General, Office of the New York State Attorney General, NYC, August 1995 to June 1999. He is a cum laude graduate of Albany Law School and is admitted in New York, Massachusetts (inactive) and Arizona.

Speaking and Writing

Contact

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Andersen, P.C.
1350 Avenue of the Americas, 2nd Floor
New York, NY 10019
914-552-2652