Securities Fraud FAQ

Alabama, Georgia, Florida

What is Securities fraud?
Securities Fraud occurs when broker or brokerage firm tries to illegally manipulate the investment market. This type of fraud can be committed by brokers, financial advisors, corporations, and private investors.

How can I tell if I've been defrauded?
Large losses do not necessarily prove broker wrongdoing-they could merely be the result of market forces. It can be difficult or almost impossible to tell if you've been defrauded unless you consult with an attorney. Here are some warning signs:

Your broker fails to return your calls
You don't understand the transactions on your statements
Your broker fails to disclose important information regarding an investment purchase.
Your broker begins trading in high risk and speculative investments
You are paying capital gains taxes when your account value is decreasing.
You find transactions on your account statements that you did not previously authorize.

What types of things can't a broker do?
Under the guidelines of ethical conduct, your broker cannot:

Make recommendations for the purchase or sale of a security that is not suitable for you, given your age, financial situation, investment objectives and investment experience.
Purchase, sell or remove securities in your account without notifying you first.
Switch you from one mutual fund to another with no legitimate reason.
Intentionally misrepresent or fail to disclose material facts concerning an investment.
Charge a customer excessive mark-ups, markdowns or commissions.
Guarantee you stock will not lose money or make specific price predictions.
Engage in a private securities transaction with you or other customers.
Use any manipulative, deceptive or other fraudulent tactics.

Should I hire a lawyer?
If you think you have a claim, you should consult a knowledgeable lawyer who has experience representing investors. There are many lawyers that offer free consultations without any obligation. If you decide that you should pursue your claims in court, you should hire a lawyer to represent you. Most attorneys have handled hundreds of cases, and have a good perspective of which cases will be successful, and what it takes to win.

How much does arbitration cost?
If you decide to pursue arbitration, you will not pay any fees up front.
In the event of a settlement or a judgment in your favor, the firm's expenses will be netted out of your winnings. If we don't win your case, you pay nothing.

If you or a loved one has been victimized by stock fraud, it's in your best interest to hire our NASD arbitration attorneys at Burke, Harvey & Frankowski, to ensure the best possible outcome. Covering Florida, Alabama and Georgia, our lawyers can help you recover your losses. Call or e-mail us today for a free consultation.

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