Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 10, 2023
The Firm
201-896-4100 info@sh-law.comHow long do SEC investigations take? First, we need to understand them. Simply stated, an SEC investigation is an inquiry by the United States Securities and Exchange Commission (SEC) to determine whether there has been a violation of federal securities laws. The SEC can investigate any person or entity it believes may have violated securities laws. It investigates various securities law violations, including insider trading, fraud, market manipulation, and accounting irregularities.
Investigations are typically initiated based on tips, referrals, and complaints received by the SEC. However, the SEC also has the authority to initiate investigations on its initiative. Once an investigation is complete, the Enforcement Division will decide whether or not to bring enforcement actions against individuals or entities that have violated securities laws.
The SEC issues a formal order of investigation when the Commission believes that there is a reasonable basis to believe that a securities law violation has occurred. Once an order is issued, the Staff of the Division of Enforcement is authorized to subpoena documents and take testimony under oath.
The Staff will report their findings to the Commission, which will then decide whether or not to bring an enforcement action. This Commission comprises five commissioners who are the main decision-making body of the institution on matters regarding investigations.
Are you wondering, “How long do SEC or DOJ investigations take?” The average SEC investigation takes between 12 and 18 months, but some can take several years. However, it may reopen an investigation if new evidence comes to light. It can also extend the statute of limitations if it believes there has been fraud or other criminal activity.
This body is not required to notify individuals or entities that they are under investigation. Often, the first indication that a person or entity has that they are under investigation is when an SEC attorney contacts them.
The statute at 28 USC 2462 provides a five-year limitations period for enforcing any action, suit, or proceeding unless otherwise provided in an act of Congress. This statute can be invoked in various situations, including civil actions brought by private individuals or by the government and all suits brought in federal court. Typically, an SEC investigation falls under this category. However, this rule has some exceptions, such as when the defendant is outside the United States or when the cause of action is based on fraud or misrepresentation.
After the SEC completes its investigation, the SEC may refer the case to the Department of Justice for criminal prosecution or bring a civil action in federal court.
The SEC has a wide range of enforcement tools at its disposal, and the action it takes depends on each case’s specific facts and circumstances. In some cases, the SEC may bring an action in federal court, while in others, it may institute an administrative proceeding against you or your business.
If the SEC decides to prosecute you based on the findings of the investigation, it will send you a Wells Notice. This notice details its intention to prosecute. You do not have to respond to the notice, but are permitted to do so.
If you have received a communication from the SEC, it is good that you get experienced securities regulatory legal counsel. The legal counsel may estimate the duration of the investigation and advise you on how to cooperate with the entity. Scarinci Hollenbeck, LLC has experienced SEC regulatory and financial crime attorneys who are familiar with the SEC investigative process and can represent you if the investigation leads to civil or criminal prosecution. Contact us today for a consultative meeting.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!