General Information

The Prosecution Assistance Unit (“PAU”) of the Indiana Secretary of State, Securities Division (“Division”) assists law enforcement and prosecutors in Indiana with the investigation and criminal prosecution of violations of the Indiana Uniform Securities Act (“IUSA”). The PAU is comprised of attorneys and investigators who have experience and special training to investigate complex securities-related financial crimes. PAU investigators and attorneys are law enforcement officers whose primary role is to promote the successful enforcement and criminal prosecution of securities-related violations. The PAU investigates complaints received by the Division and works closely with criminal authorities in other agencies to provide both investigative and litigation support in order to successfully bring securities cases to trial. The Division’s PAU attorney can be deputized to handle pre-trial and trial matters, sit second-chair, or provide remote litigation support by answering questions or conducting legal research as needed. The type of assistance the PAU provides depends upon the nature of the case and the needs of the particular law enforcement agency or prosecutor. There are many additional ways the PAU may assist:

  • Collecting evidence including bank records and relevant documents;
  • Identifying victims;
  • Interviewing potential victims;
  • Analyzing the nature of the fraudulent scheme;
  • Identifying the relevant statutory violations;
  • Drafting probable cause affidavits for search warrants;
  • Assisting in the execution of search warrants; and
  • Drafting charging information.
Requirements
  • Complaint must involve a violation of the IUSA.
  • Prosecutor or other criminal authority must contact the Division and request PAU assistance.
Relevant Law

Indiana Code [IC 23-19]
Indiana Administrative Code [710 IAC 4]

Helpful Resources

Commodity Futures Trading Commission (CFTC)
Federal Trade Commission (FTC)
File A Complaint
Financial Industry Regulatory Authority (FINRA)
National White Collar Crime Center (NW3C)
North American Securities Administrators Association (NASAA)
Securities and Exchange Commission (SEC)
Securities Restitution Fund

Division Personnel

Kelly Loy
Prosecution Assistance Unit Attorney
kloy1@sos.in.gov
317-232-6686

Rick Neff
Senior Investigator
rneff@sos.in.gov
317-232-0736