Posts Tagged ‘Financial adviser’

FINRA System Open to Investment Adviser Disputes

November 16th, 2012

English: Wall Street sign on Wall Street

On Thursday, November 1st, 2012, FINRA Dispute Resolution issued guidance to attorneys who represent investors and those who represent non-FINRA investment advisers as to the availability of the arbitration and mediation services of the FINRA forum to resolve their disputes.

FINRA, The Wall Street funded watchdog, has long acted as the arbitration system in which investors and securities brokerages could, and were often forced by contract, to settle their legal disputes.  However, until now, whether that system was open to registered investment advisers and individual investors was dubious and unclear.

Despite the fact that using FINRA arbitration might be more cost effective than going to court, most investment advisers are opposed to the changes.   David Tittsworth, executive director of the Investment Adviser Association questioned the ruling, noting that there are few registered investment adviser account agreements requiring clients to forgo court and instead arbitrate any disputes.

Those favoring the changes say that using FINRA will be more cost effective than going through the expensive process of court and that for those investment adviser contracts which currently require arbitration, FINRA offers a much better financial deal than other arbitration services.

While the guidance provides some clarity as to how lawyers and investors can proceed, one thing to note is that FINRA does not regulate investment advisers.  Therefore, FINRA can only do so much.  Even with a ruling that goes against an investment adviser, unlike rulings against brokers, FINRA lacks the authority to suspend the adviser for failure to pay.

Carlson Law Firm is reviewing potential claims against investment advisers.  To speak with an attorney regarding your, please call Carlson Law Firm 619-544-9300 for a free consultation.

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Posted in Securities Arbitration | Comments (0)

Signs of Investment Fraud

May 30th, 2012

Investment fraud can happen to anyone. To protect against financial loss, it’s imperative that investors become active participants in their financial wellbeing, learning as much as they can about their investments, monitoring their portfolios diligently, and being alert for signs of investment fraud.  A few signs to watch for:

Sure Things
Financial advisors who guarantee that an investment will perform in a certain way, i.e. often provide high returns in a short time, should immediately be suspect. No investment is a sure thing; all of them carry risks. Any broker who tells an investor otherwise is being less than honest.

Undue Sales Pressure
Trustworthy brokers do not pressure clients into investments. Even if no fraud is involved, such behavior is inappropriate. Investors should avoid stockbrokers who urge them to make snap decisions, tell them that they must “act now,” or apply other heavy-handed sales techniques.

Inexplicable Complexity
Investors should not sink their money into investments they cannot comprehend. All aspects of any investment, including how it works and what its risks are, should be understandable. Investments that a broker claims are successful because of their intricacy—a complexity the financial analyst cannot explain—should be considered suspect investments.

Consistent Pay Outs
All investments, even those that are low risk, go up and down in value. That’s their nature. When returns remain unnaturally consistent or increase in value despite negative economic conditions, that’s a red flag that an investor may have

The unsustainable geometric progression of a c...

The unsustainable geometric progression of a classic pyramid scheme, from Securities and Exchange commission report on pyramid schemes. (Photo credit: Wikipedia)

invested in a pyramid scheme, a ponzi scheme or some other investment fraud scheme.

Account Discrepancies
Unauthorized activity, missing money and other problems with a client’s account statement may simply be mistakes. However, they could also be signs that the broker is churning the account or engaging in some other type of investment fraud. To lessen this possibility, investors should monitor their account statements.

Unlicensed Brokers
Investors who do business with unlicensed brokers run a high risk of fraud. Investment scams are often perpetrated by unlicensed brokers who sell financial products that have not been registered with the Securities and Exchange Commission (SEC) or issued by a legitimate agency. Unregistered products may include stocks, bonds, notes and hedge funds, among others.

Missing Documentation
Just as investors should avoid doing business with unlicensed brokers, they should also avoid making investments that have little or no documentation. Lack of documentation is a sign that an investment may be unregistered. For instance, if a mutual fund or a stock has no prospectus, or a bond has no offering circular, it might be an unregistered security. Likewise, stocks that do not have stock symbols may be unregistered.

Investor should also keep in mind, however, that not all legitimate investment products are registered with the SEC. Regulation D products, for example, are exempt from registration, as are those issued by the federal government or a state or municipal government.

If you think that you have been the victim of investment fraud, contact Carlson Law today for a free consultation at 619-544-9300. A securities fraud attorney may be able to help you recover some or all of your financial losses.

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Linsco Private Ledger Found Liable for Failure to Supervise in Stockbroker Malpractice

May 10th, 2012

Oregon’s Division of Financial and Corporate Securities (DFCS) found LPL Financial liable for failure to supervise. Specifically, the firm failed to adequately oversee one of its financial analysts, an unscrupulous broker who committed financial elder abuse, pushing high-risk investments to elderly clients (and those mentally incompetent to make investment choices).

WASHINGTON, DC - MARCH 02: Mickey Rooney testi...

WASHINGTON, DC – MARCH 02: Mickey Rooney testifies during the Justice For All: Ending Elder Abuse, Neglect & Financial Exploitation hearing at the Senate Dirksen Building on March 2, 2011 in Washington, DC. (Image credit: Getty Images via @daylife)

Elder Financial Abuse

Jack Kleck, formerly a branch manager for LPL Financial’s La Grande, Oregon office, was found guilty of selling risky gas and oil partnerships to 30+ clients, the majority of them over 70 and in poor health. The investments were inappropriate to the clients’ financial goals—definitely not the safe investments Kleck characterized them as.

Charges & Penalties

For not adequately overseeing the actions of Kleck, for failing to implement its own oversight procedures and company policies, and for other violations of securities laws, LPL was fined $100,000 by the Oregon DFCS.

The penalty for Kleck? A fine of $30,000—and he can no longer practice as a stockbroker in Oregon.

LPL & Stockbroker Malpractice

Since the investigation, LPL Financial claims it has beefed up its oversight policies and procedures, is increasing the number of employees who review sales transactions, has administered tougher exams at their branch offices, and is implementing other practices to  improve compliance with the law.

Help for Victims of Elder Financial Abuse 

Elderly investors are often the victims of financial elder abuse similar to what happened at LPL.  Specific laws exist to protect the elderly from this type of abuse, and those laws provide for treble or multiple damages as well as attorney fees.  States throughout the nation are examining financial firms and their brokers to ensure that they are dealing with elderly clients in an appropriate manner.  Meanwhile, it is imperative that elderly investors be extremely careful when they do business with financial advisors, brokers and brokerage firms.

If you think that you’ve been the victim of financial elder abuse, contact a securities fraud lawyer at Carlson Law immediately for a free consultation 619-544-9300.

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Posted in Fiduciary Duty Breach | Comments (0)