Burt Wiand began his legal career by spending almost 14 years with the SEC’s Division of Enforcement in Washington, D.C. In 1989 he joined one of Florida’s largest and most prestigious law firms and built a nationally recognized financial services and complex litigation practice. In 2009 members of that practice formed Wiand Guerra King.
After more than 35 years of practice, Burt Wiand has become known as a lawyer that businesses and individuals involved in business turn to when dealing with the most difficult of legal circumstances. His practice includes white collar criminal defense, defense of regulatory matters involving governmental agencies and self-regulatory organizations and complex litigation matters that threaten the business and reputation of his clients.
In recent years, Burt’s practice has involved the defense of the president of a brokerage firm in a major anti-trust Grand Jury investigation conducted by the Anti-Trust Division’s New York office, the defense and trial of a major administrative proceeding brought by the SEC against a New York Stock Exchange member, the defense and trial of a FINRA proceeding brought against the chief executive officer of a mid-western municipal bond dealer, the defense and trial of a number of SEC enforcement proceedings, the defense of a senior executive of a payment processor in an FTC federal court action, the defense of securities and other financial services class actions and derivative lawsuits, and the representation and defense of financial institution clients in state regulatory investigations and proceedings throughout the country. He has also handled over a hundred arbitration proceedings.
Burt has broad experience in FCPA matters that began before the law was enacted. After bringing many “foreign payments” cases for the SEC he assisted with the creation of the FCPA and was lead counsel on the first FCPA case filed by the SEC. He has continued throughout his career representing clients in FCPA matters.
In addition to representing clients in defense litigation, regulatory and law enforcement actions, Burt is often called upon by his clients to provide advice with respect to compliance and corporate governance matters and to conduct internal investigations regarding corporate misconduct involving potential major liabilities. He also provides expert testimony in connection with such matters and has been asked by regulators to review matters of corporate and regulatory compliance.
Recently at the suggestion of the SEC, Burt was appointed by the United States District Court for the Middle District of Florida as the Receiver for the $400 million Ponzi scheme of Arthur Nadel. He has also served as a receiver in other SEC cases, at the request of the FTC and in similar capacities at the request of state regulators.
A frequent speaker to financial services and regulatory groups, Burt was the 2009 keynote speaker for the North American Securities Administrators Association’s national broker-dealer training conference. He is a contributing editor to the Securities Litigation Commentator. Burt received a B.A. in history from the University of the South in Sewanee, Tennessee and his law degree from the University of Georgia. He lives on the beach, is married, has four children, and is an avid soccer fan.
- Appointed Receiver for the $400 million Arthur Nadel ponzi investment fraud in 2009
- Appointed Receiver for matters instituted by the State of Florida, the Federal Trade Commission, and the Securities and Exchange Commission
- Represented corporations and directors in securities class actions
- Defended securities actions that resulted in a ruling that indexed annuities are not securities
- Successfully defended a major New York Stock Exchange brokerage firm in an SEC administrative proceeding involving defalcation by representatives and supervision
- Represented brokerage firms and individuals in hundreds of arbitration proceedings before the NYSE, FINRA, AAA, and MSRB
- Regularly handles the defense of SEC and SRO regulatory investigations and defends brokerage firms and associated individuals in connection with SEC and SRO actions
- Defended a brokerage firm and its president in connection with major DOJ antitrust investigations relating to municipal bond offerings
- Defended a corporate executive in an FTC injunctive action relating to deceptive trade practices
- Has handled over 100 arbitration proceedings and is a recognized authority regarding arbitration and the law of arbitration
- Broad experience in FCPA matters for over 35 years
Significant Reported Decisions
- Washington Square Sec. Inc. v. Aune, 385 F.3d 432 (4th Cir. 2004)
- Ungerleider v. Gordon, 214 F.3d 1279 (11th Cir. 2000)
- Tourdo v. Merrill Lynch Pierce, 1998 WL 304133 (11th Cir. May 28, 1998 ); affirming, Tourdo v. Merrill Lynch, Pierce, Fenner & Smith, No. 93-484-CIV-T-24, 1996 U.S. Dist. LEXIS 22847 (M.D. Fla. Dec. 17, 1996 )
- Jones v. Childers, 18 F.3d 899 (11th Cir. 1994)
- Greening v. Western Reserve Life Assurance Co., — F. Supp. 2d —, 2006 LEXIS 52876 (M.D. La. July 20, 2006)
- Malone v. Addison Ins. Mktg., No. 3:01-CV-259(H), 225 F. Supp. 2d 743 (W.D. Ky. 2002);motion to dismiss granted by Malone v. Addison Ins. Mktg., 2002 U.S. Dist. LEXIS 19543 (W.D. Ky., Sept. 30, 2002)
- Investors Capital Corp. v. Brown, 145 F. Supp. 2d 1302 (M.D. Fla. 2001)
- SEC v. Digital Lightwave, 196 F.R.D. 698 (M.D. Fla. 2000)
- SEC v. Carter Hawley Hales Stores, Incs., F.Supp. 1248,(C.D. Cal. 1984)
- Raymond James Fin. Servs. v. Saldukas, 896 So. 2d 707 (Fla. 2005)
- In re Raymond James Fin. Servs., Inc., No. 3-11692, Release No. 296, 2005 SEC LEXIS 2368 (Sept. 15, 2005)
- Dist. Bus. Conduct Comm. v. Merten, Complaint No. C8A950030, 1997 NASD Discipl. LEXIS 71 (NBCC Oct. 31, 1997)
- Fowler White Boggs, Shareholder and Leader of Financial Services Practice Group 1989-2009
- Macfarlane, Ferguson, Allison and Kelly
- United States Securities and Exchange Commission, Division of Enforcement
1971-1984; Assistant Chief Trial Counsel; Senior Counsel to Associate Director; Branch Chief, Branch of Criminal References and Special Proceedings; Special Counsel to Assistant Director
- “Dealing with Regulators in an Environment of Financial Crises,” Co-Speaker, ACC West Central Florida Chapter Meeting, Tampa, FL, June 18, 2009
- 2009 Broker Dealer Training Session, Keynote Speaker, North American Securities Administrators Association, Tampa, FL, June 10-12, 2009
- “Arbitration – An Alternative Method of Dispute Resolution with Teeth,” Civil Seminar for the Federal Bar Association Tampa Bay Chapter 2008.
- “Trouble: How To Avoid It And What To Do When It Arrives,” Florida Securities Dealers Association, Regional Conference, 2007
- Interview on CNBC regarding Insider Trading with CNBC’s Michelle Caruso-Cabrera, December 4, 2006.
- Accounting Controls Seminar, Panelist, Executive Enterprises, Inc.
- University of Tulsa, Principal Speaker, Third Annual Conference of Accountants
- Annual Convention, Principal Speaker, Dallas Society of Certified Public Accountants
- Federal Bar Association Conference on White Collar Crime, Principal Speaker
- Securities Regulation, Guest Lecturer, Penn State University
- Sixth Annual Conference of Legal Problems and Bank Regulation, Panelist, Law Journal Seminar-Press
- National Association of Securities Dealers, Inc., Arbitration & Mediation – Instructor NASD Advanced Arbitrator Training Courses
- Contributing Legal Editor, Author, Securities Litigation Commentator
- American Bar Association, Subcommittee on Broker-Dealer Litigation
- Association of Securities and Exchange Commission Alumni, Inc., Trustee, Atlanta Division
- District of Columbia Bar Association
- Arbitrator, FINRA
- Securities Industry Association, Legal and Compliance Division
- Stetson University College of Law, Adjunct Professor, Securities Regulation (1987-1990)
- National Futures Association
- Securities and Financial Services Litigation
- Securities Law and Corporate Finance
- Federal, State and SRO Regulatory matters
- White Collar Crime, Government Investigations, Corporate Compliance and Ethics
- Foreign Corrupt Practices Act
- Class Action Litigation
- J.D., University of Georgia School of Law, 1971
- B.A., University of the South, 1968
- District of Columbia
- Florida State Courts
- Florida Supreme Court
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
- U.S. District Court, Southern District of Florida
- U.S. Tax Court
- Georgia State Courts
- U.S. District Court, Southern District of Georgia
- District of Columbia; Superior Court, Court of Appeals
- AV Peer Review Rated by Martindale-Hubbell
- The Best Lawyers in America
- Certified Mediator, Florida Supreme Court
- Florida Legal Elite, Florida Trend Magazine
- Florida Super Lawyers
- Tampa Bay’s Top Lawyers by Tampa Bay Magazine, July/August 2010