A securities attorney focuses on representing investors who are facing legal problems or disputes with their broker-dealers. The securities attorneys at The Law Offices of Robert Wayne Pearce, P.A. have been helping investors for over 40 years, and we team up with California legal counsel to give you the best representation possible.
Since 1980, we’ve helped recover over $170 million on behalf of our clients and have a proven track record of success in complex securities litigation.
Our securities lawyers are among the most experienced FINRA arbitration attorneys nationwide.
Often when an investor has lost a significant amount as a result of stockbroker misconduct or investment fraud, the investor may be able to recover funds through FINRA arbitration. Our securities lawyers will assist you in understanding your rights and how best to pursue any claim that you may have against your broker or brokerage firm.
If you have suffered investment losses, we can help.
Contact us today at (800) 732-2889 or fill out one of our short contact forms.
What Can a Securities Attorney Do for California Investors?
A securities attorney that handles securities cases in California can help you determine whether your broker or brokerage firm has committed fraud, negligence, or breached their fiduciary duty.
If they have, our lawyers can provide legal advice and representation when filing a claim with FINRA arbitration to seek compensation for the losses you’ve suffered.
Securities law is a complex and intricate area of law.
While it is possible for investors to pursue a FINRA arbitration claim without legal representation, it’s strongly recommended that you enlist the help of an experienced attorney who has knowledge of securities law and filing procedures. Doing so will give you the best chance of achieving success in your case.
FINRA even recommends that investors seek the advice of a qualified securities attorney when filing a claim.
You can contact our office for a free, no-obligation consultation to discuss the facts of your case and whether you may be entitled to recover your losses.
California Securities Law & Agencies
As an investor in California, you are protected by both federal and state securities laws that are designed to prevent fraud, misuse of funds, and other unethical activity. State securities laws are referred to as Blue Sky Laws.
Some of the securities laws that may be relevant to your situation include:
California Securities Act
On January 2, 1968, the California Securities Act became law, requiring all sales of securities to be registered with the California Department of Financial Protection and Innovation (DFPI), previously called the Department of Business Oversight.
State of California Department of Justice: Office of the Attorney General
The California Department of Justice (DOJ) is responsible for enforcing criminal laws and prosecuting those who violate securities laws.
California Code – Section 25400
Section 25400 of the California Code is a law that specifically makes it illegal for any person or corporation to engage in certain activities related to securities fraud.
The law states that any person who knowingly and willfully offers, sells, purchases or negotiates any security, knowing that it was not registered with the DFPI, may be held criminally liable and prosecuted for securities fraud.
THE SECURITIES ACT OF 1933
Often called the “truth in securities” law, the Securities Act of 1933 has two main objectives:
- To require that companies disclose important information about their securities before they sell them; and
- To prevent fraud in the sale of securities.
You can read more about the Securities Act of 1933 here.
THE SECURITIES EXCHANGE ACT OF 1934
The Securities Exchange Act of 1934 is often called the “most important securities law in the United States.” It created the SEC and gave it broad authority to regulate the securities industry.
Among other things, the Securities Exchange Act of 1934 requires companies that sell securities to the public to disclose important information about their business, financial condition, and management.
It also requires brokers and dealers who trade securities to be licensed and to meet other standards of conduct.
You can read more about the Securities Exchange Act of 1934 here.
TRUST INDENTURE ACT OF 1939
The Trust Indenture Act of 1939 is a federal law that regulates the sale of municipal securities. Municipal securities are debt obligations issued by states, cities, and other government entities.
The Trust Indenture Act of 1939 requires state and local governments to disclose important information about their finances before they sell municipal securities. It also prohibits them from selling municipal securities unless they comply with certain conditions.
You can read more about the Trust Indenture Act of 1939 here.
INVESTMENT COMPANY ACT OF 1940
The Investment Company Act of 1940 is a federal law that regulates mutual funds and other investment companies.
The Investment Company Act of 1940 requires investment companies to disclose important information about their finances and investment strategies. It also prohibits them from engaging in certain activities, such as investing in securities that are not registered with the SEC.
You can read more about the Investment Company Act of 1940 here.
SARBANES-OXLEY ACT OF 2002
The Sarbanes-Oxley Act of 2002 is a federal law that was passed in response to the accounting scandals at Enron and other companies.
Among other things, the Sarbanes-Oxley Act of 2002 requires public companies to disclose important information about their finances and management. It also imposes significant penalties for corporate fraud.
You can read more about the Sarbanes-Oxley Act of 2002 here.
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is a federal law that was passed in response to the financial crisis of 2008.
Among other things, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 establishes new rules for the securities industry. It also creates a new agency, the Consumer Financial Protection Bureau, to protect consumers from financial fraud.
You can read more about the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 here.
JUMPSTART OUR BUSINESS STARTUPS ACT OF 2012
The Jumpstart Our Business Startups Act of 2012 is a federal law that was passed to make it easier for small businesses to raise capital.
Among other things, the Jumpstart Our Business Startups Act of 2012 loosens the regulations governing the sale of securities. It also creates a new type of investment vehicle, the crowdfunded security, which allows small businesses to raise money from individual investors.
You can read more about the Jumpstart Our Business Startups Act of 2012 here.
What are Some Important Questions to Ask a Securities Lawyer?
For investors looking to hire the best securities lawyer, there are many important questions to consider. These include:
- What is your experience in securities law, and do you have any specific expertise in the area that is relevant to my case?
- What is your approach to handling securities law cases?
- Have you worked on any cases that are similar to mine? If so, what was the outcome?
- How much do you charge for your services, and what is included in your fee structure?
- How do you communicate with your clients, and how often can I expect to hear from you about the progress of my case?
- Do you have any references from past clients who were satisfied with your work?
- What is your availability for taking on new cases?
- Can you provide an estimate of the time and resources that may be required to resolve my case?
- What are the potential risks and challenges of pursuing my case, and how do you plan to address them?
- What are my options for resolving my case, and what do you recommend as the best course of action?
Remember, the right securities lawyer can make all the difference in achieving a successful outcome for your case. It’s important to ask the right questions and carefully assess any potential legal representation before making a decision.
When Should You Hire a Securities Lawyer?
It is not the government’s job to reimburse investors who have been defrauded or misled by brokers or other financial advisors. It is up to the investor to seek legal advice and guidance when they feel their rights have been violated.
If you’ve lost a significant amount of money due to fraudulent or deceptive practices regarding the sale of securities, it is important to contact a securities lawyer who can handle your California case as soon as possible.
A securities lawyer can provide legal advice and guidance on how to recover your losses and seek justice against those responsible for the fraud.
In addition, if you’ve lost money due to the actions of a broker-dealer, a securities lawyer can help you file a claim for compensation with the Financial Industry Regulatory Authority (FINRA).
We Have a History of Success
The Law Offices of Robert Wayne Pearce, P.A. has an impressive track record of success in representing clients in securities disputes throughout Florida and beyond.
Our firm is highly regarded by both legal professionals and investors alike for our knowledge, experience, and commitment to obtaining the best possible results for our clients.
Some of our past successes include:
FEDERAL COURT FINAL JUDGMENT $21,041,285
Case No. 1:10-cv-21444-KMM
College Health and Investment, Ltd. v Esther Spero
This Final Judgment was entered against the defendant for fraud, breach of fiduciary duty, and civil theft pursuant to Sections 812.014 and 772.11, Florida statutes in 2010.
FEDERAL COURT CLASS ACTION SETTLEMENT $4,300,000
Case No. 14-001695-CI
State of Florida, Office of Financial Regulation v. Tri-Med Corp., et al.
Mr. Pearce represented the investors as co-counsel with the Receiver in a class action against the accounting and legal professionals for allegedly aiding and abetting a Ponzi scheme. After removal from state to Federal court and several years of litigation, the lawsuit was resolved in 2017 through mediation and the payment of more than $4.3 million to the receivership for the investors benefit by the law and accounting firms.
FLORIDA STATE COURT SETTLEMENT $3,500,000
This $3.5 million settlement was in a state court action filed by Mr. Pearce on behalf of a trust for an elderly widow was against one of the largest corporate trustees in the country. The corporate trustee allegedly failed to diversify a concentrated portfolio in a single stock during the 2008-2009 financial market meltdown. The case was settled in 2010 for substantially all of the widow’s losses she was entitled within the short six-month statutory window for bringing a claim against trustees and Florida.
FINRA ARBITRATION AWARD $3,266,200
Case No. 90-01044
Jack Friedlander, et al. v. Margaretten Securities
This arbitration involved misrepresentations and unsuitable recommendations that Claimants invest in complex structured products consisting of stripped coupon mortgage-backed securities and pass through certificates. The Claimants were awarded punitive damages and attorney fees and expenses.
FINRA ARBITRATION AWARD $2,752,049
Case No. 10-03554
College Health and Investment, Ltd. v Wells Fargo Advisors LLC
This FINRA Arbitration by College Health against Wells Fargo Advisors followed a Federal court proceeding for aiding and abetting the defendant in that case in the theft of funds from the family holding company’s brokerage account at the firm.
FLORIDA PROBATE COURT SETTLEMENT $1,900,000
In this Probate court matter, Attorney Pearce represented several family members in a lawsuit against legal and financial professionals and others for their undue influence over an elderly person in conveying his investments and other assets prior to his death. The suit was settled during a mediation in 2007 for $1.9 million.
FINRA ARBITRATION AWARD $1,817,296
Case No. 09-02697
Gerald J. Kazma, et al. v. Citigroup Global Markets, Inc., et al.
The Kazma Family filed an arbitration claim against Citigroup Global Markets, Inc. for losses arising out of a complex municipal arbitrage structured products commonly known as the MAT/ASTA products which were allegedly misrepresented and mismanaged during the 2008 municipal bond financial crisis. Mr. Pearce represented scores of investors in connection with the failed MAT/ASTA structured product debacle.
Are You a Victim of Investment Fraud in California?
If you believe that you have been the victim of investment fraud, the investment fraud lawyers at our firm can help.
We understand the complexities of securities law, and we have experience representing clients in disputes with brokers, financial advisors and other investment professionals.
You don’t have to face securities fraud alone.
Contact our office today to schedule a free consultation with one of our experienced securities lawyers about your California investment loss case. We can help you understand your options and provide the legal representation you need to seek justice and hold those responsible for the fraud accountable.
Do You Need to Speak With a Securities Lawyer?
If you have further questions related to securities law, contact The Law Offices of Robert Wayne Pearce, P.A. today to schedule a free consultation.
Our securities attorneys represent investors, broker-dealers, and financial professionals in all types of securities-related disputes.