How do I know if my broker caused my losses? ▾
Oftentimes a stockbroker will claim that losses are due to the market or that they will bounce back. Sometimes this is true. Unfortunately, sometimes the losses are the stockbroker’s fault and your investments will not recover when the market gets better. It is always better to call us and ask. Waiting can result in being barred by certain state, federal or regulatory statutes of limitation.
How much do you charge? ▾
We do not charge anything for the initial consultation. If we decide to take your case, we can take it on a contingency fee basis or hourly. For contingency fee cases, we do not charge our clients for our time unless we win. In that case, we take a percentage of the recovery to pay for our time and effort on the case. You do not owe us for our time if we lose. For hourly cases, we get paid an hourly rate regardless of the outcome. We will work with you to decide what the best method of payment is.
How much time do I have to file a claim? ▾
If you have suffered investment losses, it is important that you contact an attorney immediately. State, federal and regulatory statutes of limitation may apply to your claims. This means that even if you have a viable claim, you may be barred from bringing it because you waited too long. Conversely, just because it has been a long time, does not necessarily mean that you are barred. Please contact us immediately, to discuss whether you have a timely claim.
Do I have a choice between arbitration and court? ▾
In most cases, unfortunately, you have no choice between arbitration and court. Most large brokerage firms put an “arbitration selection clause” in their contracts. It is likely buried among several pages of legalese in the contract you signed to open an account. Courts have decided these arbitration selection clauses are valid. So, if you wish to bring a claim against your broker or a broker-dealer firm, you will probably have to do so in FINRA arbitration.
What is FINRA arbitration? ▾
FINRA or the Financial Industry Regulatory Authority is the forum where most brokerage firms require customers to arbitrate. It is much like a court proceeding. There is a panel of three arbitrators that act as judge and jury. There are opening and closing statements and witness testimony with direct and cross examinations. FINRA arbitrations are generally shorter and less expensive than court and there is no traditional appeal process.
What types of investment cases do you take? ▾
We take all types of investment cases where an investor lost money. Some cases that we have taken in the past or are currently investigating include the following products: variable annuities, viaticals, real estate investment trusts or “REITs”, tenants in common or “TICs”, limited partnerships, investment fraud, including Ponzi schemes, structured products, options, margin, oil and gas partnerships, collateralized debt obligations or “CDOs”, collateralized mortgage obligations or “CMOs”, hedge funds, private placements, leveraged exchange traded funds or “ETFs”. Some of these cases had to do with broker fraud or misconduct including Ponzi schemes, churning, unauthorized trading, misrepresentations and omissions, overconcentration, breach of fiduciary duty and negligence. If you believe you have lost money due to bad investment advice or misconduct, please contact us, we may be able to help.
What is a Ponzi Scheme? ▾
A Ponzi Scheme is a type of pyramid scheme in which a con artist takes money from new investors in order to pay back old investors.
For example, someone could say to you, "I have this great investment and it's going to give you incredible returns." You then give them money, but they don't actually invest it in anything; instead, they give you distributions and pay back your principle with your own money. When your own money runs out, they have to find new investors so they can use their money to pay you and prolong the illusion that you are profiting from the original investment you made. They have to keep finding more and more people to pay back the previous peoples' investments, and so the scheme grows until all the money is gone, at which point it collapses under its own weight.
What is the SEC? ▾
The "SEC" is the United States Securities and Exchange Commission. It was created by the Securities and Exchange Act of 1934, and it's the federal agency that is tasked with regulating securities laws in the United States.