Investment Fraud Attorney Near Me
Our main office is located in 1250 S. Pine Island Road, Suite 200, Plantation, FL – 33324. However, we handle investor claims from all parts of the country. Since investment fraud cases typically involve federal jurisdiction, you have the option to hire the best investment fraud attorney available to you regardless of where the scam took place. Discover how an investment fraud attorney provides essential legal support to ensure accountability for negligence.
Investment Fraud Definition
Every registered stockbroker and investment advisor has a fiduciary duty to their clients. This means they are obligated to prioritize the best interests of the investor over their own financial interests. When a broker or advisor fails to do so and instead engages in misconduct or investment fraud or is negligent in handling their clients’ portfolios, they have breached this fiduciary duty and should be held accountable. Our investment fraud attorneys have experience with these complex cases and know the law. We can make sure your interests and rights are protected if you have been the victim of fraud. Find out more about how an experienced investment fraud attorney works to hold negligent parties accountable.
The investment fraud definition, according to the Federal Bureau of Investigation (FBI), which investigates criminal cases of investment fraud, describes it as the “illegal sale or purported sale of financial instruments. The typical investment fraud schemes are characterized by offers of low- or no-risk investments, guaranteed returns, overly-consistent returns, complex strategies, or unregistered securities.” The following sections list some specific examples of stockbroker fraud and other investment fraud schemes. Learn more about how an investment fraud attorney works to hold responsible parties accountable for your losses.
Investment Fraud Examples
Investment fraud costs investors in this country billions of dollars annually. It is both a civil and criminal issue, and it can take many forms. In addition to fraud by registered and licensed brokers, unlicensed and unscrupulous people may engage in investment fraud. They may even set up fake websites and addresses and promote themselves as qualified investment professionals.
Regardless of the mechanism, investment fraud amounts to the same outcome: one party is cheated out of large sums of money because of another party’s mala fide intent. Some of the most common types of investment fraud are:
- Misrepresentation – Stockbroker misrepresentation occurs when your financial advisor withholds material information or provides you with misleading information in order to impact your investment decision. This can be achieved through a lack of transparency, such as failing to fully explain investment risks, or unethical practices, like hiding the cost of a commission on a transaction.
- Unsuitable recommendations – Brokers should only recommend investment opportunities that align with yourinvestment objectives and risk tolerance. Any investment that does not align with an investor’s goals, or is outside of the stated risk parameters, may not be suitable and may be evidence of fraud.
- Late-day trading – This type of fraud involves executing trades after hours but then recording them as having been executed before the market closed that day.
- Churning – Also commonly known as excessive trading, churning occurs when a broker over-trades in an investor’s account with the purpose of generating commissions for themselves on each transaction.
- Unauthorized trading – When brokers execute trades in accounts without the permission of the investor, they may be engaging in unauthorized trading, unless the account is a discretionary account or the investor has a margin account that has fallen below balance requirements.
- Embezzlement – Embezzlers steal or misappropriate funds that have been entrusted to them by the investor.
- Advance fee schemes – There are endless types of advance fee schemes. They promise large gifts, prizes, trips, and other things of high value in exchange for a smaller fee. The victim loses out when they don’t receive what they thought they were signing up for.
- Ponzi schemes – One of the most widely known types of investment fraud, Ponzi schemes lure investors in and then repay new investors with the funds of older investors. There is rarely any legitimate business activity with Ponzi schemes, and they always fall apart when the scammer is unable to continue paying investor returns.
- Hedge fund fraud – Hedge funds are frequently risky, and there are many ways for fraud to occur, such as by misleading investors in order to get them to invest in the hedge fund.
- High-yield investment fraud (HYIP) – If it sounds too good it be true, it probably is. HYIPs promise to generate high returns at low risk.
- Cryptocurrency fraud – Cryptocurrency is unregulated by the government. It is a very popular way for scammers to trick investors into sending money, engage in money laundering, bribe people, and even avoid paying taxes.
- Pyramid schemes – Pyramid schemes work by relying on recruits. The existing people bringing in new recruits are then paid with the funds brought on by the new recruits. These are very similar to many multi-level marketing schemes and fall apart when the fraudster is no longer able to generate enough new recruits to pay their investors.
- Foreign currency fraud – Foreign currency fraud can include many types of schemes, but they all promise to produce high returns if trading is done in the foreign exchange markets.
- Social media and internet fraud – Any type of scheme using the internet can be considered internet fraud. Hiding money, embezzlement, and misrepresentation are some of the crimes that constitute internet fraud.
How Do You Know If You Have Been a Victim of Investment Fraud?
If you notice any suspicious trades, fees, or activity, consider seeking professional guidance to understand your rights and options. Some of the most common red flags for investment fraud include:
- A sudden and unexpected loss in your accounts
- Trades you don’t recognize or understand
- Unexpected large gains or losses
- An overall decline in your accounts over time
- Excessive transactions that can’t be explained
- Losses in which other similar investments saw gains
Can Negligence Cause Investment Loss?
Sometimes investment losses aren’t caused by intentional fraud. In some cases, negligence by the broker or advisor is to blame. It’s common to feel disappointed after losses, but our investment fraud attorney can guide you through your legal rights. Some examples of negligence include:
- Brokers who don’t perform due diligence on investment opportunities, and let their clients get taken for a ride by other scams or bad actors.
- Brokers who don’t adequately diversify client portfolios to minimize risks. Their clients may then lose significant sums in regular market fluctuations.
- Inattentive brokers whose actions or failure to act results in avoidable portfolio losses.
These are just some of the various types of investment fraud and negligence that people fall victim to. If you have suffered losses due to any type of investment fraud, contact our investment fraud attorney to discuss your legal options. We may be able to help you recover your losses through arbitration or a lawsuit. It’s normal to feel dejected after experiencing losses, but our investment fraud attorney can help you understand your legal options.
Get Legal Help from Investment Fraud Lawyers With a Reputation for Recovery.
We Have Won Money in Over 99% of Cases We’ve Handled and Recovered Millions for Investors Like You.
We have obtained millions of dollars in settlements and recoveries for investors who have experienced fraud and negligence. Visit our case results page to see some of the successes we have achieved on behalf of our clients.
What Should You Do If You Suspect Investment Fraud?
If you believe you’ve been the victim of investment fraud, gather the evidence in a fraud file. This evidence will need to be shown to FINRA arbitrators or the court.
Here are the types of information to include in your file so we may assist you with the recovery process:
- Statements from the accounts that you believe show the suspected fraud
- Name, contact information, license numbers, and other information about the broker, brokerage firm or financial advisor who you believe acted fraudulently
- Notes about your telephone and/or in-person interactions with investment advisors that include dates, times and what was said, if possible
- Copies of emails, texts or any other potential written interactions with your broker or advisor
- A timeline of the events
- Your credit reports from all three credit reporting agencies that show any unusual activity
- A copy of the report (if filed with a police agency)
- Witness statements from family or other witnesses, if any, who were with you when you met with your financial advisor.
How Can an Investment Fraud Attorney Help Recoup Your Money?
Learn from Our Investment Fraud Lawyers How to Recoup Your Money
Advisors earn a living by making transactions in accounts that generate their commissions. The majority of registered and licensed advisors are ethical and honest. However, as is true in every facet of life, there can be some bad apples among brokers, brokerage companies, and financial advisors.
Sometimes, brokers may not do their due diligence in researching investments that turn out to be fraudulent and harm investors, or they may even knowingly engage in misconduct to further their own financial interests. If this has happened in your situation, you may be able to hold your broker accountable with the help of an investment fraud lawyer. Investment fraud claims often involve complex regulations at the federal and local level. A knowledgeable and experienced investment loss attorney can strengthen your case, present your legal options, and work with you to maximize your potential recovery.
Investment Recovery: What You Need to Know About FINRA Arbitration
Compared to a civil litigation suit, the arbitration process is faster and typically less formal than a courtroom trial. In a FINRA arbitration, both sides present evidence to independent arbitrators chosen by the disputing parties. The arbitrators will determine whether an investment advisor’s misconduct was directly or indirectly responsible for investment losses. There may be a single arbitrator or a panel of three arbitrators. Arbitration happens under Securities and Exchange Commission approved rules. If the arbitrators rule in your favor, you could be awarded compensation for your investment losses as well as for the various ways your life has been negatively impacted by the losses in question.
However, FINRA arbitration is binding. If the decision does not go in your favor, you cannot take your case to court.
FINRA Arbitration Process
You can start the process of arbitration by filing a FINRA arbitration complaint against your broker and the firm, asking for full recovery of your investment losses. You and your investment fraud attorney will have the chance to present evidence, including financial statements, witness statements, and other relevant materials, to support your claims. The respondent will then have the opportunity to defend themselves and present their own evidence. Once both parties have been heard, the arbitrator or arbitrators will deliberate and review the case in its entirety to determine whether investment fraud occurred and whether the respondent is liable for your losses. If they are, the arbitrators will also determine how much they should be ordered to repay you for what you’ve been through. From there, the defendant will be required to compensate you within 30 days of the decision’s being issued. When seeking financial restitution, this quick repayment period often makes FINRA arbitration a more attractive option than litigating a case in the courts, which can take much longer. Although FINRA arbitration does not provide the wronged investor with opportunity for appeal if they do not win, it is still the preferred option for financial recovery because of how quickly investors can recoup their money if they win. If you go to court, years may pass before a decision is made, and significantly more time could pass to get through the appeals process.
How Much Does Arbitration Cost?
Just like filing a lawsuit, FINRA arbitration comes with its associated filing fees and expenses. Initial filing fees are linked to the amount of the claim (exclusive of interest and expenses). For instance, for a claim alleging a loss of between $10,000 to $25,000, the initial FINRA filing fee would be $425. There are additional fees for procedural processes, like hearings, discovery motions or adjournment. These FINRA arbitration fees are separate from the expense of working with a FINRA arbitration attorney, and are paid directly to the organization itself.
How Long Do I Have To File My FINRA Arbitration Complaint?
FINRA Rule 12206 sets the time-related eligibility requirements for FINRA arbitration claims. Investors have a maximum of six years from the date that the investment fraud occurred to initiate a FINRA arbitration complaint. It is important that investors keep a close eye on their accounts and contact an investment fraud lawyer as soon as they notice inconsistencies. Don’t risk running out the clock on the FINRA arbitration statute of limitations. Reach out to us today.
Case Types Our Investment Fraud Attorneys Have Experience With
If you are unsure whether you want to move forward with a FINRA arbitration claim or consider your other legal options, you aren’t alone. Your investment fraud lawyer will closely review your case to determine which path is most likely to produce a favorable outcome for you and your family. You don’t need to be an expert on investment and securities law when you have our team by your side. Wolper Law Firm has experience with any number of investment fraud case types. Our attorneys have protected our clients against losses and schemes involving breach of fiduciary duty, churning, forgery, failure to diversify, failure to supervise, unsuitable investments, selling away, margin calls, elder financial abuse, unauthorized trading, theft, Ponzi schemes, and more.
The long and short of it? There are innumerable ways to take advantage of an investor. We have seen many kinds of securities fraud cases and have successfully represented our clients interests in the midst of them all. Having our investment loss lawyers by your side to investigate, build, represent, negotiate, and defend your claim is the best way to protect yourself and your financial future. Contact the Wolper Law Firm, P.A. today at 954.406.1231 / 855.293.4933 if you feel you are the victim of fraud.
Why You Should Hire an Investment Fraud Attorney at Wolper Law Firm
Wolper Law Firm has nearly two decades worth of experience in securities litigation, the FINRA arbitration process, and investment recovery. Matt Wolper is an effective trial lawyer in the area of securities arbitration with a 99% success rate for his clients. Before starting Wolper Law Firm, Matt Wolper represented major brokerage firms in court, giving him a clear sense of where the “bones are buried.” At Wolper Law Firm, we bring this insider information and well-honed legal expertise to represent plaintiffs who have experienced investment losses due to the misconduct of brokerage firms, financial advisors, and investment advisors.
We take a hands-on approach to cases to each of our cases and pride ourselves on our direct attorney-client communication. We know that many of our clients recently trusted a financial professional with their hard-earned money and found that they couldn’t get their phone calls returned or were purposefully overwhelmed by jargon or false promises. That’s how you may have gotten into this situation – but not where you are going. At Wolper Law Firm we work hard to re-establish a sense of trust and give you back your agency in the financial industry. Working with our team of skilled and professional securities fraud attorneys is an investment that can pay back in spades what you have lost.
Investment Fraud Attorney: FAQs
How do you handle investment fraud?
When you are choosing a lawyer, one of the most important questions to ask is “How do you handle investment fraud?” You want an investment fraud lawyer who is willing and able to take your case to arbitration or to litigation if the situation calls for it. You want an attorney who is not afraid to aggressively take on the corporations and individuals who commit fraud against innocent investors. You want to work with a firm with extensive experience in taking on these cases. Our investment fraud attorneys not only have experience taking cases to arbitration and litigation for investors, we also have numerous years of experience defending high-dollar brokerage firms and investment companies. What this means is that we have an unparalleled perspective about how these companies operate, which serves to benefit our clients because we can often foresee the legal arguments they may make to defend themselves and be prepared to counter them.
Do I have to go through FINRA arbitration to recover my losses from investment fraud?
No, FINRA arbitration is not the only way to recover your funds after losing money due to investment fraud. However, it is often the best way to go about getting your money back. FINRA arbitration decisions are not eligible for appeal, but the benefits often offset this risk. If you were to bring your case to court, not only are decisions appealable, but the entire process can drag on for many years. Even if the judge ultimately decides that you should be repaid, it can be many more years before you are compensated. With FINRA arbitration, the entire complaint process can be settled in as few as eighteen months.
How is it determined whether I can sue my broker in court instead of going through arbitration?
Whether you can sue your stockbroker in court depends on whether you have an arbitration agreement with your brokerage firm. If you do, you will probably have to arbitrate your case with FINRA. If you haven’t signed an arbitration agreement, you may be able to pursue your claim through a civil lawsuit. Once one of our investment fraud lawyers reviews the circumstances of your case, we can advise you about your options for pursuing compensation.
What is the punishment for investment fraud?
The punishment for investment fraud can be severe, depending on all the circumstances. If found guilty of investment fraud, in addition to paying restitution through arbitration or civil claims, brokers, financial professionals and others who intentionally or even negligently commit fraud may lose their licensing and certifications. They can also face criminal charges and penalties, including jail time. An extreme case is that of Bernie Madoff who defrauded tens of billions of dollars from investors in a Ponzi scheme. Many lost their entire life savings. He was sentenced to 150 years in prison. While most cases and punishments for investment fraud are not this extreme, people who financially defraud others will be held accountable when the evidence against them can be proven. If you were the victim of fraud, let our investment fraud lawyers work to help you get your money back and hold the responsible party accountable.
Do You Suspect Investment Fraud? Contact an Investment Fraud Attorney at Wolper Law Firm Today
Protect Yourself Before You Invest
If you’ve already lost money due to investment fraud, we may be able to help you recover your losses. Contact our investment fraud attorneys to understand your options. To steer clear of investment fraud in the future, learn how to recognize potentially fraudulent investment offers. We offer a free consultation where you can speak to our team of investment fraud attorneys. You will learn about your options and what we can do for you. We have a 99% success rate and will aggressively fight for you. Our knowledge, experience, and professionalism are what make the difference. Contact us today at 954.406.1231 / 855.293.4933 to get your free consultation.