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How long does an investigation take?
The Division of Securities has a goal of finishing an investigation and determining what action (if any) should be taken within a six month period. Depending on
the complexity of the case and investigator case load, investigations can take a much shorter or longer time. Additional time will be required if violations are referred to prosecutors or other outside agencies.
Will I get any money back?
Restitution to investors varies from case to case and there are many factors that come into play when determining
how much if any an investor may receive back. The Division always tries to get money back to investors, but unfortunately there is no guarantee
of this happening in every case.
Will I have to testify in court?
If criminal charges are filed and the Division uses any of your information to file the charges you could be asked
to testify in a preliminary hearing and/or a trial.
If I file a complaint, will the seller of the security know that I filed the complaint?
When you file a complaint with the Division, the Division will not disclose, without your permission, who has or has not filed complaints
unless an official order is issued or criminal charges are filed.
Should I file a complaint with the Division if I was only offered an investment, but did not invest?
Under the Utah Code §61-1-1
it is possible to commit securities fraud by simply offering a security even if no sale is made. How does the investigative process work?
The Director of Enforcement reviews all complaints submitted to the Division and, if a case is opened, assigns an Investigator.
Investigators interview investors and other witnesses, review documents, and analyze bank and/or trading records in order to identify potential
violations of securities laws. Upon discovering a violation, the Division may bring a civil or administrative action, or refer the investigation
for criminal prosecution.
If I file a complaint will the offender be sent to jail/prison?
Possibly. First, the Division and a federal, state, or county prosecutor must decide whether to file criminal charges.
If criminal charges are filed, the matter proceeds through the court system, which may lead to a conviction. If convicted, a judge determines
sentencing, which may include jail or prison.
How do I write-off investment losses on my taxes?
How do I get included in restitution for a criminal case?
In order to be included in a restitution order issued from criminal proceedings an investor must file a complaint with
the Division.
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