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Stockbroker Fraud Lawyer: Your Shield Against Financial Deception
As an investor, you expect your broker to protect the funds and securities in your account. You do not expect your broker to abuse his or her access to your account, and the last thing you expect is for your broker to steal assets from your portfolio, but any failure to follow directions constitutes broker theft. Unfortunately, stockbroker theft is a very real concern for investors, and in our experience, it is an all-too-common occurrence. If you’ve been a victim, contact a stockbroker fraud attorney at Zamansky LLC today.
Broker theft is illegal. It’s that simple. Brokers who steal from investors can face criminal penalties, and they can lose their licenses and registrations. They can also face civil liability—but it is up to investors to hold their brokers accountable.
Do You Have a Claim for Stockbroker Theft? Our Stockbroker Fraud Lawyer Can Help
In most cases, recovering investment losses from broker theft involves filing for arbitration with the Financial Industry Regulatory Authority (FINRA). Registered brokers are required to submit to FINRA arbitration for all investor disputes, and FINRA has the power to issue awards that investors can enforce in court if necessary.
Cases of broker theft can take several different forms, including:
Direct Theft of Investors’ Funds or Securities
FINRA Rule 2150(a) makes clear that broker theft is flatly prohibited, stating: “No [broker] or person associated with a [broker] shall make improper use of a customer’s securities or funds.” Under FINRA Rule 2150(a), “improper use” covers all forms of theft, including removing funds from investors’ accounts, using investors’ funds as collateral, and executing transactions using a customer’s assets for the broker’s personal gain. Some common examples of broker theft include:
- Using investors’ funds to pay brokers’ debts
- Using investors’ funds to pay for vacations
- Using investors’ funds to purchase luxury items or make payments
- Transferring investors’ funds or securities to the broker’s personal account
- Transferring investors’ funds or securities to a family member’s account or shell company
Our Stockbroker Fraud Attorney Discusses Unauthorized Borrowing from Investors’ Accounts
Borrowing an investor’s funds or securities without authorization is also considered a form of broker theft. Under FINRA Rule 3240(a), unauthorized borrowing is flatly prohibited as well. While brokers can borrow from their customers in some circumstances, they must obtain approval and meet various other requirements to avoid an unauthorized trade.
Brokers will frequently borrow investors’ funds or securities with the hope of returning them before any suspicions are raised. For example, a broker may see an opportunity to invest a customer’s cash holdings, pocket the returns, and then restore the investor’s funds—all without the customer ever noticing that their funds were gone. Not only does this violate FINRA’s rules (and federal law), but it also frequently leads to investor losses when brokers’ illicit trades fail and they are unable to restore the value of their customers’ portfolios.
Failure to Supervise Resulted in the Theft of Investor Assets
Brokers and brokerage firms can also face liability for theft by their colleagues, subordinates, and personnel. Under FINRA Rule 3110(a), stockbrokers and brokerage firms are required to “establish and maintain a system to supervise the activities of each associated person that is reasonably designed to achieve compliance with applicable securities laws and regulations, and with applicable FINRA rules.”
Since stealing investors’ assets is a violation of federal law and FINRA’s rules, the obligations imposed under FINRA Rule 3110(a) extend to taking appropriate measures to prevent the theft of investors’ assets. So, even if brokers are not directly responsible for stealing investors’ funds or securities, they can still be held liable for failure to supervise in FINRA arbitration under Rule 3110(a).
Tips for Choosing the Right Stockbroker Fraud Lawyer
With this in mind, how do you choose the right stockbroker fraud lawyer to represent you? Here are some key considerations:
- Experience – When you need to recover fraudulent investment losses, relevant experience is critical. You will want to choose a stockbroker fraud lawyer who has decades of experience representing defrauded investors.
- Practice Focus – While some lawyers focus their practice exclusively on representing defrauded investors, others handle other types of cases as well. You should choose a lawyer who focuses on your specific area of need.
- Team and Resources – Efficiently pursuing a stockbroker fraud claim requires a team and resources. As a result, you will want to choose a lawyer at a well-established firm with a team of experienced stockbroker fraud lawyers.
- Testimonials – While lawyers should speak for their clients in the courtroom, they should let their clients speak for themselves when it comes to their experience. This means that you will want to choose a lawyer who publishes their testimonials from past clients.
- Results – When it comes to recovering fraudulent investment losses, a lawyer’s results speak for themselves. While past results are not a guarantee of future success, you should choose a lawyer who has proven that he or she is capable of holding brokers and brokerage firms accountable.
How Does a Stockbroker Fraud Attorney Prove Broker Theft?
Let’s say you suspect (or know) your broker stole from you. How do you prove it to recover your losses in FINRA arbitration?
In some cases, stockbroker theft will be fairly obvious from an investor’s account statements. One day the funds are there, and the next day they aren’t. With no other explanation, broker theft will be the obvious conclusion. However, even in these cases, it may still be necessary to obtain various other forms of documentation to prove that the broker (or someone else within the brokerage firm) has misappropriated or misdirected your funds.
In other cases, proving broker theft can be more challenging. When investors have a high volume of transactions, it can be difficult to trace where their funds are going, and it can be difficult to pin their losses on a particular transaction. Our skilled stockbroker fraud lawyer can help.
Additionally, there is a risk that brokers who are willing to steal their investors’ assets will also be willing to alter their investors’ account statements. As a result, if you have concerns about broker theft but can’t identify any specific fraudulent transactions in your portfolio, you should not assume that everything is fine. If you have concerns, you should not ignore them, and you should be wary of relying on anything your broker tells you. Our stockbroker fraud attorney can help navigate this process.
What Should You Do if You Suspect Broker Theft?
What should you do to protect yourself if you have concerns about stockbroker theft? Our stockbroker fraud lawyer recommends that you take the following steps promptly:
- Make copies of your account statements. If you can access your account online, print or download copies of your account statements dating back to before you suspect the theft occurred.
- Withdraw your funds. If you are able to do so, consider withdrawing the remaining funds you have with the broker so that they are not at risk.
- Preserve all relevant documentation. If you have text messages, emails, or any other documentation that triggered your concerns about broker theft, be sure to preserve these so you can give copies to your investment fraud attorney.
- Talk to an investment fraud attorney about your situation. If you are a victim of broker theft, you will need to hire an experienced attorney to represent you in FINRA arbitration.
- Act promptly. In these situations, acting promptly can be critical. As a result, we recommend that you speak with an attorney immediately.
Steps in a Stockbroker Fraud Lawsuit
Whether you need to file a lawsuit or you are able to pursue a claim in FINRA arbitration, it is important to be familiar with the process of filing a claim for stockbroker fraud. Here is an overview of what you can expect when you hire a stockbroker fraud attorney to represent you:
1. Evaluating Your Claim
First, your stockbroker fraud attorney will evaluate your claim. Your attorney will examine your account statements, emails from your broker, prospectuses and any other evidence you may have in your possession. Based on the available evidence, your attorney will evaluate both (i) what claim (or claims) you can file and (ii) how much you may be entitled to recover.
2. Filing Your Claim
If you have a claim for stockbroker fraud, your attorney will then file your claim in the appropriate venue. While this may mean filing a lawsuit, most investors will be able to pursue their claims in FINRA arbitration.
3. Taking Discovery
Whether you file a lawsuit or file for FINRA arbitration, one of the next major steps in the process is discovery. During discovery, your stockbroker fraud attorney will be able to obtain additional evidence from your broker or brokerage firm.
4. Negotiating a Settlement
Many stockbroker fraud claims settle, and settlement negotiations often take place in earnest after discovery. However, they can take place at any time, and claims can settle at any time as well—including during arbitration or trial.
5. Going to an Arbitration Hearing or Trial if Necessary
If you do not receive an acceptable settlement offer before your hearing or trial date, then your stockbroker fraud attorney will use the available evidence to fight for a favorable outcome. While arbitration hearings and trials are similar in some respects, there are also several key differences, so it is important to have an experienced lawyer on your side.
Discuss Your Broker Theft Situation with a Stockbroker Fraud Attorney at Zamansky LLC
Our investment fraud attorneys have decades of experience helping investors recover fraudulent losses. To discuss your situation with an experienced stockbroker fraud lawyer at Zamansky LLC in confidence, call 212-742-1414 or tell us how we can reach you online now.
Common FAQs A Stockbroker Fraud Lawyer Is Asked
Who investigates fraud in the stock market?
The U.S. Securities and Exchange Commission (SEC) is the primary agency responsible for investigating fraud in the stock market in the United States. Certain state agencies, like the New York Attorney General’s Investor Protection Bureau, investigate stock market fraud as well. These government entities investigate with a focus on holding publicly-traded companies, brokerage firms, brokers, and other businesses and individuals accountable for violating the laws that are in place to ensure that investors are able to make informed decisions based on complete and reliable information.
But, while government investigations can lead to fines and restitution (and even jail time in some cases), they generally do not lead to investors receiving full compensation for their fraudulent investment losses. This requires investors to hire a skilled stockbroker fraud attorney who can conduct an independent investigation and file a claim in FINRA arbitration or in court.
Can you sue a company for securities fraud?
It is possible to sue a company for securities fraud in some cases. For example, if a publicly traded company misrepresented its financial status, or if the company that manages your pension misappropriated investor funds, then you may have a lawsuit against the company. When companies engage in fraudulent conduct that leads to investor losses, they can—and should—be held accountable.
However, in many cases, defrauded investors will also be able to file claims against their stockbrokers or investment advisors. This is important because these types of claims are subject to FINRA arbitration, which is generally both faster and less costly than suing a company for securities fraud in court. If your broker or advisor could—and should—have protected you from fraudulent investment losses, a stockbroker fraud lawyer may be able to hold your broker or advisor liable through arbitration
Is misleading shareholders a crime?
Misleading shareholders is a crime in some cases. Under 18 U.S.C. Section 1348, for example, any person who “knowingly executes, or attempts to execute, a scheme or artifice . . . to defraud any person in connection with any . . . [registered] security” is guilty of a federal crime that carries statutory fines and up to 25 years of federal imprisonment.
But, more importantly for investors, misleading shareholders is also a civil violation of state and federal securities laws, and when stock brokers mislead investors, this violates FINRA’s Rules as well. In civil cases and in FINRA arbitration, shareholders can work with a stock fraud attorney to recover full damages for the losses they incur as a result of the misrepresentation. This includes loss of principal, loss of investment profits and other damages.
If a corporation’s owners, executives or accountants intentionally mislead investors, they run the risk of facing prosecution by the U.S. Department of Justice (DOJ).
But, even if the DOJ pursues criminal charges against a company or any of the individuals in charge, this does not mean that defrauded investors will recover the losses they incurred as a result of the misrepresentations that were made. To recover their losses, defrauded investors must hire a stockbroker fraud lawyer to file a lawsuit on their behalf. If your broker or advisor could have flagged the misrepresentation and failed to do so, then a stock lawyer may be able to pursue financial recovery from your broker or advisor in FINRA arbitration as well.
Can you sue a stock company?
Stock companies, or publicly traded companies that offer their securities to the public on the open market, can be sued in a variety of scenarios. Most of these scenarios involve some form of fraud—whether misrepresenting information to investors or allowing corporate executives or other “insiders” to engage in insider trading.
If you believe you may need to sue a stock company, you should discuss your case with a stock fraud lawyer promptly. You will need an attorney to handle your case, and the sooner you take action, the better. Taking action promptly will give you the best chance of securing a full financial recovery with an experienced attorney on your side.