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In recent years, stockbrokers have failed to follow the standard economic guidelines for investing your money. Failure to use this standard of care, which all reasonable brokers should use, has resulted in billions of dollars being lost across the country. If you lost money because of abuse by your stockbroker, you should know that you might be able to recover your losses.

What is Securities Fraud

Securities fraud, or Improper Activity, is the unprofessional, inappropriate, or illegal handling of your assets by your broker. It occurs when recommended investments by your broker are not within the guidelines of your investment objectives or risk tolerance. The obligation of a professional broker is to serve customers with honestly and integrity. Your interests should be your broker's first and foremost obligation.

Below are some of the most common examples of inappropriate broker activity. If these actions are taken by your broker, you could suffer large financial losses that could have otherwise been avoided.

  • Unsuitable investment recommendations
  • Unjustified risks based on your stated objectives or failing to advise you of high risks
  • Failure to diversify your portfolio
  • Failure to properly minimize losses
  • Conflicts of interests
In general, if you feel that your financial loss resulted from lying, cheating, stealing, inappropriate recommendations, unauthorized trades, excessive trading, or failure to follow instructions, you should consult with an attorney.

Types of Broker Misconduct

Broker misconduct claims account for the majority of stock fraud claims filed in the United States today. Broker Misconduct claims generally fall into the following four categories:

  • CHURNING
    Churning, also known as Excessive Trading, occurs when a broker or financial advisor performs an excessive number of trades on your account solely to generate the commissions paid on each trade.

  • UNSUITABILITY
    Unsuitability occurs when a broker makes a recommendation that, in light of your stated objectives and background, the broker reasonably believes to be inappropriate. It is the most common form of broker misconduct.

  • MISREPRESENTATION AND OMISSIONS
    Misrepresentation and omissions occur when a stockbroker recklessly or intentionally misleads or fails to disclose a material fact about a particular investment. Stockbrokers are legally required to be truthful and to disclose to you all risks associated with a particular investment.

  • OVERCONCENTRATION
    Over-concentration occurs when a broker concentrates an account into a single investment. Failing to diversify substantially increases your risk of loss.
Contacting an Attorney

You may be like many other investors who have good claims, but fail to recover their losses, because they decide, without first seeking counsel, that their losses are their own fault or that they should been more careful. Maybe you are thinking that it is too late to file a claim or that you may have signed a document that prevents your recovery. Talk to an attorney and then you can decide whether to take your losses, to file a claim by yourself, or to hire an attorney to represent you in court or in arbitration. Statistics show that people win (meaning they are awarded monetary damages) in arbitration approximately 55% of the time and receive about 69% of the money that they are asking for.

If you do talk to a lawyer, he/she will be looking the following important issues:

  • Was there some recognized kind of misconduct?
  • Did you suffer an economic loss?
  • How much money can you hope to recover?
  • Do you have proof of the misconduct and the loss?
  • Do you have a choice between court and arbitration?
  • How much will it cost to pursue your claim?
  • Has the time limits expired on your claim?
  • Will you be able to collect your judgment?
Time Restraints

If you are consider bringing a claim against your broker, you must be aware that there are time limits for filing. Claims for securities fraud under Rule 10b-5 of the Securities Act of 1933 must be brought within one year of the time that the fraud should have been discovered, or within three years of the occurrence, whichever is shorter. You must not delay filing your formal claim or you could lose your chance to recover. Before deciding whether it is too late to file a claim, first consult with an attorney.

Monetary Awards

The most basic remedy your are likely to receive is damages for your out-of-pocket losses. Out-of-pocket losses are generally the amount of money invested minus the returns and the residual value of the investment.

In addition to out-of-pocket losses, you may be awarded damages based on the profits you would have made, had the wrongful act not occurred. In the event that there are difficulties establishing the residual value of the investment, the court can award rescission and require the investor to return or assign the improper investment to the broker in exchange for a return of the full purchase price and any ancillary damages.

It is also possible that you may also be awarded punitive damages and attorney's fees where the facts are warranted.

Summary

An experienced securities law attorney will know what damages are worth pursuing, whether or not you have a valid claim and the time limit which you are working under in your specific case. Don't delay; contact an attorney right away to discuss your particular case.


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Broker Fraud Attorneys / Lawyers Web Links

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Asheville Personal Injury Attorneys - The Elmore Law Firm handling accident claims, medical malpractice, nursing home abuse and other serious injury cases. (828) 253-1492

Austin Felony and Criminal Defense Attorneys – Austin law firm of Minton, Burton, Foster and Collins practices in the areas of personal injuryfederal defensedrug offensesDWIfelony defense, and criminal defense.

Austin, TX Personal Injury Lawyers – Barry & Loewy LLP handling personal injury, accident, and products liability claims throughout Texas. 1(800)892-5044

Austin DWI Attorney – The Austin, TX firm of Minton, Burton, Foster and Collins practices in the areas of DWI OffensesDUI DefenseUnderage DrinkingPublic intoxicationdwi related boating accidents.

Anderson & Anderson Attorneys, LLP, Personal Injury, Social Security Disability, Workers' Compensation, Criminal Law, Traffic & DWI, North Carolina - (888) 895-2962

Belluck & Fox - New York, NY - Motorcycle Accident Attorneys - U.S. - 1-866-6ACTION

Belluck and Fox - New York Mesothelioma Lawyer / New York City Asbestos Attorneys

Belluck and Fox - New York City Asbestos Attorney / New York Mesothelioma Lawyers

Birmingham Personal Injury Lawyers – Belt Law Firm, P.C. Attorneys: Car Accidents, Wrongful Death, Prescription Negligence, Workers Compensation, and Business Litigation.

Arthur M. Blue Law Office, P.A., Personal Injury lawyers, Carthage & Southern Pines, North Carolina - (910) 947-1500

Brady, Nordgren, Morton & Malone, Estate Planning, Wills & Trusts, Probate, Raleigh, NC - (919) 782-3500

Breakstone, White-Lief & Gluck, Personal Injury, Medical Malpractice, Boston, MA - (617) 723-7676

McClain Cantley Attorneys, PLLC, Personal Injury, Financial Injury, Immigration, Real Estate Attorneys, Louisville, KY - (502) 589-1094

California Divorce Attorneys - The Nielsen Law Group handles family law, divorce, and child custody concerns in Southern CA. Orange County Divorce Lawyers, Los Angeles Divorce Attorneys, and San Diego Divorce Lawyers. Contact our California Divorce Attorneys.

California Criminal Defense Lawyers - The Nielsen Law Group offers criminal defense services throughout Southern California: Los Angeles Criminal Defense Lawyers, Orange County Defense Lawyers. Contact our California Criminal Defense Lawyers

California DUI Lawyers - The Nielsen Law Group provides legal services for those accused of DUI/DWI in Southern California. Contact our California DUI Lawyers to speak with our attorneys. Los Angeles DUI Lawyers

California Business Law Attorneys - The Neilsen Law Group provides legal services to the business community in Southern California.

California Injury Lawyers - The Nielsen Law Group provides legal services throughout California for personal injury, workers compensation, social security disability, family law & divorce, DUI, and criminal defense.

Cerebral Palsy Injury - providing CP information for families and those affected by Cerebral Palsy, birth injuries, and medical malpractice; Serving the U.S., Offices in Baltimore MD, Washington DC, Philadelphia PA - 1-888-4-MEDLAW

Coover & Barr, LLC, Business, Commercial & Corporate Litigation, Family Law, Real Estate, Columbia, MD - (410) 997-7600

Charleston, SC Injury Lawyers – Joe Griffth Law Firm: Personal Injury, Accidents, Criminal Defense and Commercial Litigation, South Carolina - (866) 386-6460

Chicago Personal Injury Attorneys – Salvi, Schostok & Pritchard P.C., experienced lawyers handling birth injury, medical malpractice, nursing home negligence, and wrongful death claims in Illinois and Wisconsin.  1(866) 997-2584

Columbia Injury Lawyer – Louthian Law Firm representing victims of personal injury, auto accidents, medical malpractice, and workers compensation throughout South Carolina.

Robert B. Corris, S.C., Complex Business Litigation, Fraud, Contacts - Milwaukee, Wisconsin - 414-272-8000

Crouse Law Offices, James T. Crouse - Aviation Disaster & Personal Injury Attorneys, Raleigh, NC - (919) 861-0503

Howard, Stallings, From & Huston, P.A., Commercial & Civil Litigation, Employment Law, Personal Injury, Estate Planning, Bankruptcy, Raleigh, NC - (919) 821-7700, New Bern, NC - (919) 633-3006

Epperly & Follis, P.C., Personal Injury Lawyers, Nursing Home Abuse, Medical Malpractice, Investor Fraud, Workers Compensation, Criminal Defense, Civil Rights - (888) 703-0109

Elliott, Pishko, Morgan, PA, Civil Rights, Negligence, Family Law, Workers' Compensation, Employment Rights, Commercial Litigation, Winston Salem, NC - (336) 724-2828

Belluck Fox, New York lawyers practicing Medical Malpractice & Personal Injury such as Meridia, Kava, Mesothelioma, Asbestos, Silicosis, Crestor, Vioxx, Lead Paint Lawyers - New York, NY - 1-866-6ACTION

Martin Ganderson, Estate Planning, Trusts, Elder Law, Norfolk, VA - (757) 622-0505

Glenn, Mills & Fisher, P.A., Personal Injury, Professional Malpractice, Employment Discrimination, Civil Rights, Wills and Estates, Durham, NC, 919-683-2135

Law Offices of Scott C. Gottlieb & Associates, LLP - Personal Injury, Medical Malpractice, Insurance Settlements, Wrongful Death, Rochester, Syracuse, Watertown, Elmira, NY - (800) 825-5529

Ted A. Greve & Associates, Auto & Truck Accidents, Wrongful Death, Mass Torts, Social Security Disability, Workers' Compensation, Immigration, North Carolina & South Carolina - (800) 984-7383

Harris, Ragan, Patterson & Rodgers, PLLC, Personal Injury, Malpractice and Employment Lawyers - Charlotte, NC - (704) 392-4111

Law Office of Brian D. Iton, Family Law, Traffic Law, Real Estate, Englewood Cliffs, Bergen County, NJ - (800) 274-6180.

Law Office of Paul Hogan, LLC, Personal Injury Lawyers - Car Accidents, Truck Accidents, Premises Liabilities, Wrongful Death, Workers Compensation, Mass Tort Drugs, Wichita, KS - (316) 303-1411

Jeremy Howe & Partners in Mediation, Attorney at Law, Mediation, Newport, Rhode Island - (401) 841-5700

Joe Griffith Law Firm – Personal Injury, Criminal Defense, Commercial Litigation, Charleston, South Carolina - (866) 386 – 6460

William F. Horsley, P.A., Personal Injury, Medical Malpractice, Wrongful Death, Vehicle Accidents, Premises Liability, Greensboro, NC - (336) 691-0077

The Law Office of Laura S. Jenkins, PC, Workers Comp, Social Security, Personal Injury, Business Startups, Raleigh, NC - (919) 846-7766

Kansas City Missouri Lawyers – Peterson & Associates - injury accidents, prescription litigation lawsuits, and wrongful death claims. 1-877-DRUG-GIANT

Kentucky Personal Injury Lawyer – Frank Jenkins Law Office practices in the areas of wrongful death, car accidents, work related accidents, motorcycle injuries, truck accidents, and social security disability.

Kohn & Rath, Personal Injury lawyers, Hinesburg, Vermont - (802) 482-2905

Knoxville Injury Lawyer

Kraft & Associates, Social Security Disability, Dog Bites, Truck Wrecks, Auto Accidents, Personal Injury lawyers, Dallas, Texas - (800) 989-9999

The Offices of George W. Lennon, Workers Compensation, Social Security Disability, Personal Injury, Wrongful Death, Raleigh, NC - (919) 856-9000

Lewis, Babcock & Hawkins, All types of Litigation, Negligence, and Real Estate Lawyers - Columbia, SC, (803) 771-8000

Lichtenstein, Fishwick & Johnson, PLLC - Personal Injury, Employment Law, Medical Malpractice and Negligence, Family Law, Roanoake, VA - (540) 463-6233

Maritime Lawyers & Offshore Admiralty Accidents Injury

Marks & Harrison, Personal Injury Lawyers, Truck Accidents, Wrongful Death, Social Security Disability, Workers' Compensation, Consumer Fraud, Richmond, Petersburg, Charlottesville, VA - (800) 283-2202

Maryland Personal Injury Lawyers

MedLaw Legal Team, Medical Malpractice, Personal Injury, Nursing Home Abuse, Cancer MisDiagnosis, Vioxx Lawyers, Drugs - Serving the U.S., Offices in Baltimore MD, Washington DC, Philadelphia PA, Columbia SC - 1-888-4-MED-LAW

MesotheliomaHelp.net - Asbestos Exposure, Mesothelioma Lawyers, Injury Attorneys - New York, NY - U.S. - (866) 6ACTION

Mineo & Mineo, Aviation Disaster & Personal Injury Attorneys, Raleigh, NC - (919) 861-0500

Missouri Personal Injury Attorneys, Fox Goldblatt and Singer

Missouri Personal Injury Lawyers – Peterson and Associates, P.C. handling accident, medical devices, nursing home abuse, medical malpractice, defective products, toxic chemical exposure and prescription drug injury cases.

Munley, Munley & Cartwright - Train Injuries & Accidents, Personal Injury Lawyers, Workers Compensation, Social Security - Scranton / Wilkes-Barre - All of Pennsylvania - (800) 346-7401

Murray, Craven & Inman, L.L.P. - Bankruptcy, Corporate Law, Construction & Surety, Estate Planning, Litigation, Taxation, Fayetteville, NC - (910) 483-4990

Naples / Fort Myers Injury Lawyers - Our experienced team is centrally located in Lee & Collier counties and represents those injured in car accidents, workplace injuries, and other serious injury claims.

NC Speeding Ticket Lawyers

Northumberland Personal Injury Lawyers - All of Pennsylvania - (800) 778-1380

New York Lead Paint Lawyers – Does your child have elevated lead levels? Learn more about your rights, and protecting your family. NY Lead Paint Attorneys

New York, NY Accident Lawyer - David Resnick & Associates, PC handling car accidents, slip & fall, construction accidents, and personal injury claims in NYC.

New York Personal Injury Lawyers - Schwartzapfel Truhowsky Marcus P.C handling accident claims, medical malpractice, product liability, auto accidents, construction injuries, and other injury cases. (800) 966-4999

NJ Personal Injury – Our experienced team handles injury and accident claims throughout New Jersey, including those injured in car accidents, workplace injuries, and other serious injury claims.

Indianapolis Injury Lawyer Ken Nunn Fights for Victims of Accidents. Get Help Now: 1-800-888-HURT. [See Also: Indianapolis Accident Attorneys – Ken Nunn is For the People, and Against Insurance Companies: Injuries and Mesothelioma Claims in Indiana]

Orange County Personal Injury Lawyers - Southern California - U.S., Nielsen & Associates, Personal Injury and Disability, including Auto Accidents, Social Security Disability, Workers Compensation, Neck Injuries, Dog Bites, Back Injuries, Spinal Cord Injuries, Premises Liability, Lemon Law, Orange County, Southern California (866)-815-2616

The Law Offices of John T. Orcutt, Bankruptcy and Debt Relief, Raleigh, NC - 1-888-610-2442

PA Personal Injury Lawyers - All of Pennsylvania - (800) 778-1380

Petersburg VA Personal Injury Lawyers – Cuthbert Law Offices handling motor vehicle accidents, medical malpractice, and social security claims.

Philadelphia Accident Lawyers - Pennsylvania Car & Truck Accident Attorneys. Munley, Munley & Cartwright, P.C. - 1(800) 346-7401

Providence Personal Injury Lawyer, Rhode Island Accident Attorneys – Gemma Law Associates, Inc.

Ft. Lauderdale Personal Injury Lawyer – Rosen & Rosen - Medical Malpractice, Personal Injury, Workers Compensation, Nursing Home Abuse, Hollywood, FL.

Raleigh Personal Injury Lawyers – Hardison & Associates: North Carolina Attorneys handling Car Accidents, Personal Injury, and Workers Compensation. 1(800)434-8399

Sacramento Personal Injury Lawyers – The California based Arnold Law Firm practices in the areas of denture cream claimswork place accidentsnursing home abuse and neglectauto accidentswrongful deathproduct safety concerns, and personal injury.

Paul A. Samakow, P.C. - Personal Injury Lawyers, Vienna, VA - (703) 761-4343, Wheaton, MD - (301) 949-1515

Seattle Personal Injury Lawyer - Selander O’Brien, PLLC, Protecting the People of Washington: Accident & Injury Claims. 1-800-734-0404

Stock Fraud Lawyers - All of Pennsylvania - (800) 778-1410

Tacoma Injury Lawyer – Rush, Hannula, Harkins & Kyler LLP handling injury, accidents, medical malpractice claims throughout Washington state.

Paul J. Tafelski, P.C., Criminal Defense, Bloomfield Hills, MI - (248) 647-0404

Teague & Glover, P.A., Personal Injury lawyers, Elizabeth City, North Carolina - (252) 335-0878

Ted A. Greve & Associates, Auto & Truck Accidents, North Carolina Truck Accident, Wrongful Death, Mass Torts, Social Security Disability, Workers' Compensation, Immigration, North Carolina & South Carolina - (800) 984-7383

Teddy & Meekins, Personal Injury Attorneys, Shelby, NC - serving Cleveland, Rutherford and Lincoln counties - Phone 704-487-1234

Truck Accident Lawyers - Physician | Nurse Attorneys, Baltimore Maryland, Washington DC, Philadelphia Pennsylvania, Columbia SC - Servicing the U.S. - 1-888-4-MEDLAW

Twiggs, Beskind, Strickland & Rabenau, P.A., Personal Injury lawyers, Raleigh, North Carolina - (919) 828-4357

Charles R. Ullman & Associates, Attorneys at Law, Family Law - Divorce, Child Support, Spousal Support, Child Custody, Johnston County & Raleigh, NC, 919-829-1006

Warfield Meredith & Darrah, P.C., Personal Injury lawyers, Severna Park, Maryland

Washington D.C. Personal Injury Lawyer – The Abelson Law Firm: Washington, D.C. Medical Malpractice Attorney, Baltimore Car Accident Lawyer, Maryland Truck Accident Attorneys.

Washington Injury - Accidents & Collisions, Personal Injury, Wrongful Death, Insurance Law, Sexual Harassment, Bellingham, WA - (800) 925-1875

Washington Injury by Brett & Coats, PLLC, Bellingham WA Personal Injury lawyers, Wrongful Death, Medical Malpractice, Accidents, Product Liability, Cross Border Claims Lawyers - Bellingham, WA - (360) 733-0212

White & Allen, P.A., Commercial Law, Employment Law, Estate Planning, Health Care, Personal Injury, Real Estate, Criminal Law, Kinston and Snow Hill, NC - (252) 527-8000

Law Offices of John C. Wunsch, Erb's Palsy, Cerebral Palsy, Birth Personal Injury, Chicago, IL - (312) 977-9900

The Yarborough Law Firm, Construction Law, Administrative Law, Personal Injury cases, Real Estate Matters, Corporate and Business matters, Employment Law and Collections, Fayetteville, NC, 910-433-4433

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