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J.P. Morgan demandada por la presunta mala conducta de Edward Turley: ¡55 millones de dólares!

The Law Offices of Robert Wayne Pearce, P.A. has filed another case against Ex-J.P. Morgan broker Ed Turley for alleged misrepresentations, misleading statements, unsuitable recommendations, and mismanagement of Claimants’ accounts. The Law Offices of Robert Wayne Pearce has filed another case against J.P. Morgan Securities for alleged misrepresentations, misleading statements, unsuitable recommendations, and mismanagement of Claimants’ accounts continuing in fall 2019 and thereafter by Edward Turley (“Turley”), a former “Vice-Chairman” of J.P. Morgan. At the outset, it is important for our readers to know that our clients’ allegations have not yet been proven. IMPORTANT: We are providing information about our clients’ allegations and seeking information from other investors who did business with J.P. Morgan and Mr. Turley and had similar investments, a similar investment strategy, and a similar bad experience to help us win our clients’ case. Please contact us online via our contact form or by giving us a ring at (800) 732-2889. Latest Updates on Ed Turley – November 18, 2022 The Advisor Hub reported today that the former star broker with J.P. Morgan Advisors in San Francisco Edward Turley agreed to an industry bar rather than cooperate with FINRA’s probe of numerous allegations of excessive and unauthorized trading that resulted in more than $100 million worth of customer complaints. FINRA had initiated its investigation of Edward Turley as it related to numerous customer complaints in 2020. The regulator noted in its Acceptance Waiver and Consent Agreement (AWC) that the investors had generally alleged “sales practice violations including improper exercise of discretion and unsuitable trading.” According to Edward Turley’s BrokerCheck report, he had been fired in August 2021 for “loss of confidence concerning adherence to firm policies and brokerage order handling requirements.” On October 28th, FINRA requested Turley provide on-the-record testimony related to his trading patterns, including the “use of foreign currency and margin, and the purchasing and selling of high-yield bonds and preferred stock,” but Edward Turley through counsel declined to do so. As a result, Edward Turley violated FINRA’s Rule 8210 requiring cooperation with enforcement probes, and its catch-all Rule 2010 requiring “high standards of commercial honor,” the regulator said and he was barred permanently from the securities industry. Related Read: Can You Sue a Financial Advisor or Stockbroker Over Losses? Turley Allegedly Misrepresented And Misled Claimants About His Investment Strategy The claims arise out of Turley’s “one-size-fits-all” fixed income credit spread investment strategy involving high-yield “junk” bonds, preferred stocks, exchange traded funds (“ETFs”), master limited partnerships (“MLPs”), and foreign bonds. Instead of purchasing those securities in ordinary margin accounts, Turley executed foreign currency transactions to raise capital and leverage clients’ accounts to earn undisclosed commissions. Turley over-leveraged and over-concentrated his best and biggest clients’ accounts, including Claimants’ accounts, in junk bonds, preferred stocks, and MLPs in the financial and energy sectors, which are notoriously illiquid and subject to sharp price declines when the financial markets become stressed as they did in March 2020. In the beginning and throughout the investment advisory relationship, Turley described his investment strategy to Claimants as one which would generate “equity returns with very low bond-type risk.” Turley and his partners also described the strategy to clients and prospects as one “which provided equity-like returns without equity-like risk.” J.P. Morgan supervisors even documented Turley’s description of the strategy as “creating portfolio with similar returns, but less volatility than an all-equity portfolio.” Note: It appears that no J.P. Morgan supervisor ever checked to see if the representations were true and if anybody did, they would have known Turley was lying and have directly participated in the scheme. The Claimants’ representative was also told Turley used leverage derived from selling foreign currencies, Yen and Euros, to get the “equity-like” returns he promised. Turley also told the investor not to be concerned because he “carefully” added leverage to enhance returns. According to Turley, the securities of the companies he invested in for clients “did not move up or down like the stock market,” so there was no need to worry about him using leverage in Claimants’ accounts and their cash would be available whenever it was needed. The Claimants’ representative was not the only client who heard this from Turley; that is, he did not own volatile stocks and not to worry about leverage. Turley did not discuss the amount of leverage he used in clients’ accounts, which ranged from 1:1 to 3:1, nor did Turley discuss the risks currency transactions added to the portfolio, margin calls or forced liquidations as a result of his investment strategy. After all, Turley knew he could get away without disclosing those risks. This was because J.P. Morgan suppressed any margin calls being sent to Turley’s clients and he liquidated securities on his own to meet those margin calls without alarming clients.  This “one-size-fits-all” strategy was a recipe for disaster. J.P. Morgan and Turley have both admitted that Turley’s investment strategy was not suitable for any investor whose liquid net worth was fully invested in the strategy. It was especially unsuitable for those customers like Claimants who had other plans for the funds in their J.P. Morgan accounts in fall 2019 and spring 2020. Unfortunately, Turley recommended and managed the “one-size-fits-all” strategy for his best clients and friends, including Claimants. Turley was Claimants’ investment advisor and portfolio manager and required under the law to serve them as a “fiduciary.” He breached his “fiduciary” duties in making misrepresentations, misleading statements, unsuitable recommendations, and mismanagement of Claimants’ accounts. The most egregious breach was his failure to take any action to protect his clients at the end of February 2020, when J.P. Morgan raised the red flags about COVID-19 and recommended defensive action be taken in clients’ accounts. Turley Allegedly Managed Claimants’ Accounts Without Written Discretionary Authority Claimants’ representative hired Turley to manage his “dry powder,” the cash in Claimants’ accounts at J.P. Morgan, which he would need on short notice when business opportunities arose. At one point, Claimants had over $100 million on deposit with J.P. Morgan. It was not...

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Inversores con cuentas de margen y líneas de crédito respaldadas por valores "reventadas": ¿Cómo recuperar sus pérdidas de inversión?

Si está leyendo este artículo, suponemos que recientemente ha tenido una mala experiencia en una línea de crédito respaldada por valores ("SBL") o en una cuenta de margen que sufrió ajustes de márgenes y fue liquidada sin previo aviso, lo que le ocasionó pérdidas. Normalmente, los inversores con ajustes de márgenes disponen de 3 a 5 días para cumplirlos; y si eso hubiera ocurrido, el valor de los valores de su cuenta podría haber aumentado en ese plazo y la empresa podría haber borrado el ajuste de márgenes y no haber liquidado su cuenta. Si usted es un inversor que ha experimentado ajustes de márgenes en el pasado, y esa es su única queja, no siga leyendo, porque cuando firmó el contrato de cuenta con la empresa de corretaje con la que eligió hacer negocios, probablemente le dio el derecho de liquidar todos los valores de su cuenta en cualquier momento sin previo aviso. Por otro lado, si usted es un inversor con poca experiencia o con una situación financiera modesta al que convencieron para abrir una cuenta de línea de crédito respaldada por valores sin informarle de la verdadera naturaleza, mecánica y/o riesgos de abrir una cuenta de este tipo, ¡llámenos ahora! Alternativamente, si usted es un inversor que necesitaba retirar dinero para una casa o para pagar sus impuestos o la educación de sus hijos, pero le convencieron de mantener una cartera arriesgada o concentrada de acciones y/o bonos basura en una cuenta de garantía prendaria para una línea de crédito o una cuenta de margen, entonces probablemente también podamos ayudarle a recuperar sus pérdidas de inversión. La clave para recuperar con éxito sus pérdidas de inversión no es centrarse en la liquidación por parte de la empresa de corretaje de los valores de su cuenta sin previo aviso. En su lugar, el foco de su caso debe estar en lo que le dijeron y si la recomendación era adecuada para usted antes de que abriera la cuenta y sufriera la liquidación.

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Arbitraje FINRA: Qué esperar y por qué debe elegir nuestro bufete de abogados

Si está leyendo este artículo, es probable que sea un inversor que ha perdido una cantidad sustancial de dinero, ha buscado en Google "FINRA Arbitration Lawyer" (abogado de arbitraje de la FINRA), ha hecho clic en varios sitios web de abogados y puede que incluso haya hablado con un supuesto "Securities Arbitration Lawyer" (abogado de arbitraje de valores) que le dijo tras una llamada telefónica de cinco minutos que "tiene un gran caso"; "necesita firmar un acuerdo de retención sobre la base de "honorarios de contingencia"; y "necesita actuar ahora porque el plazo de prescripción va a correr".

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Introducción de los agentes de bolsa a los exámenes e investigaciones de la FINRA

Los corredores y asesores financieros a menudo no entienden cuáles son sus responsabilidades y obligaciones y lo que puede resultar de un examen o investigación de la Autoridad Reguladora de la Industria Financiera (FINRA). Muchos corredores ni siquiera conocen el papel que desempeña la FINRA en el sector. Esto puede deberse al hecho de que FINRA, una organización autorreguladora, no es una entidad gubernamental y no puede condenar a los profesionales financieros a penas de cárcel por infringir las normas y reglamentos del sector. No obstante, todos los corredores-agentes que operan con el público deben registrarse en FINRA. Como miembros registrados, los corredores-agentes, y los corredores que trabajan para ellos, han acordado cumplir las normas y reglamentos del sector, que incluyen las normas de la FINRA.

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¿Qué es el arbitraje FINRA? Disputas, proceso y guía

This is your definitive guide to FINRA arbitration in 2024. In this article you will learn: how disputes are handles under FINRA arbitration, the FINRA arbitration process, and what to expect if you are involved in a FINRA arbitration case. We will also cover the most important information that you will need to know about FINRA arbitration in 2024 so that you can be prepared if you find yourself involved in a case. What is FINRA Arbitration? FINRA arbitration is a forum for resolving disputes between investors and their brokerage firms or brokers, outside of court. It involves presenting evidence and arguments to a panel of arbitrators, who make a binding decision, called an award, on the dispute. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. As an investor, if you have suffered considerable investment losses caused by the behavior of your broker, then FINRA arbitration may be a viable solution. By filing for arbitration with FINRA, you could be entitled to recoupment or compensation from the brokerage firm responsible. It is highly recommended by FINRA that all investors seek the advice of a qualified FINRA attorney before filing for arbitration. FINRA Overview FINRA, the acronym for Financial Industry Regulatory Authority, governs disputes between investors and brokers and disputes between brokers. In this article, we solely concentrate on how an individual private investor files a claim to recover losses against their broker or financial advisor.  We will explain how FINRA fits into the securities regulatory scheme. We will discuss how FINRA provides services designed to resolve disputes in a cost-effective manner that is quicker than a traditional court and give some insight into how FINRA‘s arbitration procedure works. Next, we will examine the pros and cons of FINRA arbitration. Lastly, we will discuss how a highly experienced lawyer who has represented numerous clients successfully at FINRA arbitration can help you recover your damages from your broker or financial advisor.  What Is FINRA? FINRA is not a government agency. Unlike the Securities and Exchange Commission (SEC), FINRA is an organization established by Congress to oversee the brokerage industry. FINRA is a self-governing body and operates independently from the U.S. government. By contrast, the SEC more broadly regulates the buying and selling of securities on various exchanges such as the New York Stock Exchange, NASDAQ, and the American Stock Exchange. The SEC approves initial public offerings and secondary offerings and can halt trading to avoid a crash if necessary.  Additionally, the SEC has law enforcement powers. Along with the FBI and the U.S. Attorneys Office, the SEC can investigate acts surrounding the buying, selling, and issuing of securities. The U.S. Attorney can pursue charges for crimes relating to the stock market, such as insider trading and wire fraud. While the SEC has the authority to file civil lawsuits against any person or organization violating the securities statutes and the SEC’s rules. How Is FINRA Different from the SEC? FINRA has a different function than the SEC altogether. FINRA is a regulatory agency designed to promote public confidence in the brokerage industry and the financial markets as well. People will not invest if they believe they have trusted unscrupulous financial advisors to protect their economic interests. FINRA ensures that its members comply with the ethical rules of their profession, similar to a state bar for attorneys or a board of registration for medical professionals.  Congress granted FINRA authorization to investigate complaints investors make concerning misconduct, fraud, or potentially criminal behavior. As a result, FINRA can discipline its members if the agency determines that a broker violated its professional code. FINRA can assess fines, place restrictions on a broker’s authority, or expel the member from its ranks for an egregious violation. Anyone who suspects their broker or their financial advisor of wrongdoing should file a complaint with FINRA’s complaint center for investors.  You should be aware that FINRA’s rules do not restrict you from filing a complaint seeking an investigation into wrongdoing and pursuing monetary damages in arbitration.  FINRA Alternative Dispute Resolution FINRA provides a forum for investors to resolve their disputes with their brokers or financial advisors. In fact, FINRA boasts the largest securities dispute resolution forum in the US. FINRA offers arbitration services, as well as mediation services, as a means to avoid costly and inefficient litigation in courts. FINRA provides a fair, effective, and efficient forum to resolve broker disputes. FINRA’s goal is to settle disputes quickly and efficiently without the standard procedural and discovery requirements that bog down cases filed in courts.  How Does Arbitration Work with FINRA? Arbitration is an alternative to filing a case in civil court. Arbitration tends to be less formal and is designed to process claims more quickly than filing a lawsuit in court.  FINRA’s arbitration process involves resolving monetary disputes among brokers and investors. FINRA’s arbitrators can issue monetary judgments and have the authority to order a broker to deliver securities to you if that is a just resolution of the case.  An arbitration hearing is similar to a trial in court. The parties admit evidence and argue their side to a neutral person or panel of arbitrators who will decide the case. The arbitrator’s decision, called an award, is the judgment of the case and is final. You should know that you do not have the right to appeal the award to another arbitrator. You may have an opportunity to pursue an appeal in court under limited circumstances. However, you cannot elect to arbitrate your case and then file a complaint in court seeking a trial on the issues decided by the arbitrator.  FINRA’s arbitration forum operates under the rules set forth by the SEC. FINRA ensures that the platform serves as it should and facilitates ending disputes. No member of FINRA participates in the arbitration. FINRA merely provides the forum and enforces the rules. Arbitrators decide the cases.  The arbitrators typically need about 16 months to issue an award. This is a lot quicker than court, where cases...

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Anuncio del ganador 2023 - Beca Robert Wayne Pearce de concienciación sobre el fraude de los inversores

As promised, today we are announcing the 2023 winner of the Robert Wayne Pearce Investor Fraud Awareness Scholarship. Over the course of the year, we received applications from over 175 students from 95 schools around the country who all wrote quality essays about Risks of Investing in the Cryptocurrency Market. The winner of the $2,500 scholarship is Daniel Jimenez Cardona, a student at Valencia College located in Orlando, Florida, who wrote: Risks of Investing in the Cryptocurrency Market The cryptocurrency market has been a topic of fascination and debate since the inception of Bitcoin in 2009. Over the past decade, cryptocurrencies have gained immense popularity as alternative investments, promising high returns and financial independence. However, beneath the allure of this decentralized digital asset lies a complex landscape fraught with risks and uncertainties. In this essay, we will delve into the various risks associated with investing in the cryptocurrency market. One of the most prominent and widely acknowledged risks in the cryptocurrency market is its extreme volatility. Unlike traditional financial assets like stocks or bonds, cryptocurrencies are known for their price swings that can be both exhilarating and terrifying. Investors often experience rapid price fluctuations that can lead to substantial gains or painful losses within minutes. The speculative nature of the market, coupled with the absence of regulation, contributes to this rollercoaster ride.  Another significant risk stems from the lack of regulatory clarity surrounding cryptocurrencies. Different countries have adopted varying stances on digital currencies, leading to an ambiguous global landscape. Some nations have embraced cryptocurrencies and enacted regulations to govern them, while others have banned or restricted their use. This uncertainty makes it challenging for investors to assess the legal framework and potential future restrictions that may impact their investments. Cryptocurrencies operate on a blockchain, which is touted as a secure and immutable technology. However, this does not make them immune to security breaches. Hacks and cyberattacks on cryptocurrency exchanges and wallets have been widespread, resulting in the loss of billions of dollars’ worth of digital assets. Investors are responsible for safeguarding their private keys and using secure platforms, but the risk of theft remains a constant concern. Investing in traditional financial markets offers investors a degree of protection through regulatory bodies and insurance schemes. In contrast, the cryptocurrency market lacks such safeguards. When a traditional bank fails, depositors are typically insured up to a certain amount. In the cryptocurrency world, if a platform goes bankrupt or is hacked, investors may have little to no recourse to recover their losses. This absence of consumer protection heightens the risk for those entering the market. The relatively small market capitalization of cryptocurrencies compared to traditional assets makes them susceptible to market manipulation. Pump-and-dump schemes, where the prices of certain cryptocurrencies are artificially inflated before being sold off at a profit, are not uncommon. Additionally, rumors and social media can play a significant role in influencing prices, leaving investors vulnerable to misinformation and coordinated efforts to drive market sentiment. Unlike stocks or bonds, cryptocurrencies do not generate income or dividends. Their value is often driven by speculation and market sentiment rather than intrinsic worth. This lack of fundamental value makes it challenging to assess whether a cryptocurrency is overvalued or undervalued, leading to investment decisions based on hype and trends rather than sound financial analysis. The success of cryptocurrencies as an investment is closely tied to their adoption for everyday use. While some cryptocurrencies like Bitcoin have gained mainstream recognition, they are not yet widely accepted for day-to-day transactions. Until cryptocurrencies achieve broader adoption and become an integral part of the global financial system, their long-term value remains uncertain. Investing in the cryptocurrency market can be an enticing prospect, offering the potential for substantial returns and financial independence. However, it is crucial for investors to recognize and understand the inherent risks associated with this nascent asset class. Volatility, regulatory uncertainty, security concerns, lack of consumer protections, market manipulation, absence of fundamental value, and limited adoption are all factors that contribute to the complex risk landscape of cryptocurrencies. As with any investment, due diligence, risk management, and a clear understanding of one’s risk tolerance are essential for navigating this ever-evolving market. While cryptocurrencies offer opportunities, they also demand caution and prudence from those who dare to venture into this exciting yet treacherous terrain. We thank all the other applicants for their efforts and announce that the next scholarship to be awarded December 15, 2024, will be given to the student who writes the most thoughtful essay about the Pros and Cons of a Balanced Portfolio.

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¿Cómo recupero mis pérdidas de inversión en Northstar Financial Services (Bermuda), Ltd.? Ltd.?

Have you experienced significant financial losses with Northstar Financial Services (Bermuda) Ltd.? If you’re an investor reeling from this setback, you’re not alone. Many have faced similar challenges due to these investments. Our firm is dedicated to assisting investors like you. We understand the complexities of this situation and are prepared to help you navigate the legal avenues available to recover your losses. Reach out to us for a consultation and take the first step towards financial recovery. What Happened To My Northstar Financial Services (Bermuda)Investment? Navigating the Aftermath of Northstar Financial Services (Bermuda): A Guide for Investors The collapse of Northstar Financial Services (Bermuda) Ltd. has generated significant financial hardships for numerous investors. This guide provides a comprehensive overview of the situation and potential paths forward. Background: Northstar, formerly owned by Greg Lindberg (currently incarcerated for financial crimes), offered a range of financial products, primarily targeting foreign nationals. The company faced bankruptcy proceedings and legal issues prior to its liquidation in March 2021. Investor Impact: The company’s demise resulted in: Legal Options: Numerous investors are pursuing legal action through various avenues: Investment Losses? We Can Help Discuss your legal options with an attorney at The Law Offices of Robert Wayne Pearce, P.A. Get A Free Consultation or, give us a ring at (800) 732-2889. How Do I Recover My Northstar Financial Services (Bermuda)Investment Losses? Recovery Resources: Investors should consider seeking expert legal counsel to fully understand their options and determine the most effective course of action. Additionally, resources are available through: Moving Forward: The Northstar Financial Services (Bermuda) debacle presents a challenging situation for investors. However, by understanding the situation, exploring legal options, and seeking professional guidance, investors can navigate this complex landscape and pursue potential avenues for recovery. This revised version maintains a professional tone while still addressing the emotional impact on investors. It emphasizes the specific actions investors can take and provides key resources to aid their recovery efforts. Because the Northstar Financial investment contracts were not being issuedwithin the U.S., they certainly required a higher level of scrutiny prior to beingsold to clients. Simply put, a certificate of deposit offered by a U.S. bankrequires a far lower level of scrutiny than an esoteric insurance or annuity-likeproduct offered by a Bermuda-based financial company. However, it appearsthat many brokerage firms failed to adhere to the standard required of themwhen selling the Northstar Financial investment contracts, including: Bancwest Investment Services J. P. Morgan Securities, LLC Bankoh Investment Services Ocean Financial Services Bank of Hawaii Raymond James & Associates, Inc. Cetera Investment Services Raymond James Financial Services Community America Financial Solutions SunTrust Investment Services East West Bank Truist Financial Services Hancock Whitney Investment Services United Nations Federal Credit Union J. P. Morgan Chase Bank Unionbanc Investment Services Recover Your Northstar Financial Services (Bermuda)Investment Losses in a FINRA Arbitration The Law Offices of Robert Wayne Pearce, P.A. is prepared to help investorswho have sustained damages or monetary losses not only in NorthstarFinancial investments but other investments in your account in FINRAarbitration. If you were one of those investors who have suffered losses, youshould seek the immediate advice of an experienced securities litigationattorney with more than 40 years of experience representing investors ininvestment fraud and broker-dealer negligence cases. It is imperative thatyou seek our consultation as soon as possible, as there are applicableeligibility rules and/or statutes of limitation that may forever bar your claimagainst the broker-dealer who sold you the Northstar Financial investments ifyou do not file your claim in a timely manner. We Don’t Get Paid Unless You Get Paid! The Law Offices of Robert Wayne Pearce, P.A. will accept most cases on acontingency fee basis. This means if we do not recover any of your money,you will not incur any fees owed to our firm. In other words, our attorney’sfees are collected only if we successfully settle your case or obtain a monetaryaward at the final arbitration hearing. We will also bear the cost of your casethrough the litigation process, and we will be reimbursed for such costs onlyif we are successful in recovering your monetary losses. Robert Wayne Pearce, P.A. Recovers Investment Losses The attorneys at the Law Offices of Robert Wayne Pearce, P.A. are ready andwilling to devote their experience to evaluate your case and, if it has merit,achieve the best possible outcome in an arbitration proceeding. For over 40years we have represented investors in arbitration and securities litigationmatters, including FINRA arbitration proceedings in nearly every state.Contact us now at 561-338-0037 or online to schedule your free initialconsultation.

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¿Cómo recupero las pérdidas de mi inversión en iCap?

The Law Offices of Robert Wayne Pearce, P.A. is currently investigating claimsagainst stockbrokers related to recommendations to purchase the variousiCap investments and is offering free consultations to those who havesuffered iCap investment losses. If you have suffered iCap investment losses,our experienced securities litigation attorneys are prepared to discuss thematter and provide their legal opinion as to whether you can recoverdamages against the broker-dealer who recommended and sold you one ormore of the iCap investments. Please contact our law firm at 561-338-0037 oronline for a free consultation. At the end of September 2023, it was reported that iCap Enterprises, Inc., areal estate investment holding company and its many affiliates (“collectively“iCap”) through which it raised capital filed for bankruptcy under Chapter 11 ofthe United States Bankruptcy Code in the Eastern District of Washington. It isestimated that iCap has perhaps $50 million in assets and over $500 millionin liabilities. It stopped making the interest payments due the investorsapproximately 6 months prior to filing bankruptcy. The lopsided amount ofdebt relative to the assets indicates that any reorganization or liquidation willleave investors holding unsecured debt with substantial losses. What Happened To My iCap Investment? Most of the capital was raised through private placements of various forms ofdebt, bonds and notes. These were high yield, high risk, illiquid investmentsthat stockbrokers should have been wary of and not recommended toinvestors with conversative or moderate risk tolerances. Based upon what wehear from investors, many stockbrokers misrepresented the risk of theseinvestments and recommended them anyway in violation of their fiduciary. Investment Losses? We Can Help Discuss your legal options with an attorney at The Law Offices of Robert Wayne Pearce, P.A. Get A Free Consultation or, give us a ring at (800) 732-2889. Who Are The iCap Companies that Filed Bankruptcy? The recently filed bankruptcy is a consolidated bankruptcy intended tobenefit iCap and not the investors by wiping out the various companiesunsecured debt. You might hear that the debt is simply being restructured,However, don’t be fooled into thinking that the holders of the unsecuredbonds and notes will get any of their money back in the bankruptcy. If youare an investor in any unsecured bonds and notes in the following companies, you should start exploring alternative avenues other thanthemselves to recover your investment losses: iCap Broadway LLC VH Senior Care LLC iCap Realty LLC iCap Pacific Development LLC Senza Kenmore, LLC UW 17TH AVE, LLC 725 Broadway, LLC iCap @ UW, LLC iCap Campbell Way LLC VH Willows Townhomes, LLC iCap Vault Management, LLC iCap Funding LLC iCap Holding 6 LLC iCap Holding LLC VH Pioneer Village LLC Vault Holding I, LLC iCap Management LLC VH 1121 14th, LLC iCap Enterprises, Inc. iCap Pacific Income 5 Fund, LLC iCap Holding 5 LLC iCap Vault, LLC iCap Equity LLC iCap Pacific Northwest Opportunityand Income Fund iCap Northwest Opportunity Fund, LLC Vault Holding, LLC iCap Pacific Income 4 Fund LLC iCap Investments, LLC iCap Vault 1, LLC VH 2nd Street Office, LLC iCap Pacific NW Management Given the predictable outcome of bankruptcy, it is likely that investors’ onlysource of recovery of their losses will be the stockbrokers and their brokeragefirms who offered and sold the securities investments to them. Don’t Be Discouraged By The iCap Bankruptcy! Chapter 11 bankruptcy protection is not the end of the line for investors.Investors should seek the opinion of a skilled and experienced securitiesattorney about getting just compensation for their investment losses. Broker-dealers and their agents who misrepresented and/or made unsuitablerecommendations about the iCap investments may still be held liable forlosses in investor accounts. In other words, an account holder can still file aFINRA arbitration against the broker-dealer to recover losses in iCap and itsaffiliates bonds, notes, and limited liability membership interests formisrepresentations, unsuitable recommendations, failure to conductadequate due diligence, negligence, etc. You should not let your broker-dealer or broker/financial advisor convince you otherwise. What Are The iCap Private Placement Investments? Private placements is a broad term that describes securities that are notoffered for sale through a public exchange. These can include promissorynotes, private equity offerings, small start-up businesses, etc. PrivatePlacements are issued under Regulation D under the Securities Act of 1933.Regulation D provides exemptions from the more rigorous Securities andExchange Commission (SEC) registration requirements and allowscompanies to offer and sell securities without extensive disclosures. It is theabsence of standard disclosure requirements that often creates theopportunity for fraud. The Securities Exchange Commission, federal courts, and FINRA have allfound that brokerage firms have a duty to conduct a reasonable investigationconcerning the private placements issuer’s representations concerning thesecurity. A brokerage firm’s due diligence obligation also stems fromsuitability obligations requiring the broker to have reasonable grounds tobelieve that a recommendation to purchase, sell, or exchange a security issuitable for the customer. In order to meet the due diligence obligation, thebrokerage firm and/or financial advisor must make reasonable efforts togather and analyze information about the private placement, the issuer andits management, the business prospects of the issuer, the assets held by or tobe acquired by the issuer, the claims being made by the issuer in the offeringmaterials, and the intended use of proceeds of the offering. The failure todetermine this and other material information would necessarily preclude afinancial advisor from disclosing to a customer the material aspects of atransaction. The iCap Investments Were Sold for High Commissions! It appears from our investigation that the iCap issuers of securities partneredwith other brokerage firms to privately sell the bonds, notes, andmembership interests to their retail customers. The commissions on suchsales by the brokerage firms were as high as 10%. Some of the firms that havesold iCap investments to their customers include: Advisory Group Equity Services, Ltd. Gardner Financial Services, Inc. Ausdal Financial Partners, Inc. Green Vista Capital, LLC Bradley Wealth Management, LLC IBN Financial Services, Inc. Cambridge Investment Research, Inc. IBS Financial Services Group Center Street Securities, Inc. Kingsbury Capital, Inc. Chauner Securities, Inc. Pariter Securities, LLC Claraphi Advisory Networks, LLC Somerset Securities, Inc. Cobalt Capital, Inc. Stillpoint Capital, LLC Financial Goal Securities, Inc. Titan Securities Freedom Investors Corp. Wall Street Strategies, Inc...

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Bonos de GWG Holdings L: Reclamaciones y pérdidas de inversiones

In recent news, it was reported that GWG Holdings, a Dallas, Texas-based asset manager that provides insurance services, as well as acquires life insurance policies in the secondary market, filed for bankruptcy on April 20, 2022. It is estimated that GWG Holdings has more than $2 billion in liabilities, including $1.3 billion of GWG L bonds, and has missed millions of dollars in combined interest and principal payments to investors owning the GWG L bond series. IMPORTANT: As of February 2022, GWG Holdings has failed to pay $13.6 million in payments to GWG L bondholders. These were high yield, high risk, illiquid investments that as stockbrokers should have been wary and not recommended to investors with conversative or moderate risk tolerances. The Law Offices of Robert Wayne Pearce, P.A. is currently investigating claims against stockbrokers related to recommendations to purchase GWG Holdings L bonds (“GWG L bonds”) and is offering free consultations to those who have suffered GWG L bond losses. If you have suffered GWG L bond investment losses, our experienced securities litigation attorneys are prepared to discuss the matter and provide their legal opinion as to whether you can recover damages against the broker-dealer who recommended and sold you GWG L bonds. Please contact our law firm at 561-338-0037 or online for a free consultation. What are GWG L Bonds? In 2012, GWG Holdings created and has since sold nearly $2 billion in GWG L bonds to investors. These high-yield bonds were unrated and illiquid investments and therefore, unsuitable for investors with conservative or moderate risk tolerances. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. GWG Holdings issued the GWG L bonds to raise capital to purchase an individual life insurance policyholder seeking liquidity or cash by selling his/her life insurance policy to GWG Holdings for more than the surrender value but substantially less than the policy’s face value. GWG Holdings would then make the premium payments and hope to receive a payout worth greater than what it paid for the policy after the original policy matures or the policyholder passes away. The subject GWG L bonds were created to finance these life insurance policy purchases by GWG Holdings.  The problem for investors was the GWG L bond investments depended on insurance policy premiums and benefits being paid out according to assumptions and statistical models, thus making them speculative investments for investors seeking income and protection of their capital. Further, GWG L bonds had no secondary market, which prevented investors from liquidating should they need the cash immediately. In other words, money used to purchase GWG L bonds was essentially trapped from the moment of purchase. Moreover, the only collateral supposedly backing GWG Holdings are interests in GWG subsidiary companies that purportedly owned real assets, including the insurance policies. Don’t Be Discouraged by GWG Holdings’ Bankruptcy  As early as April 2022, news sources reported that GWG Holdings was filing for Chapter 11 bankruptcy protection. However, this news should not stop investors from seeking the opinion of a skilled and experienced securities attorney and getting just compensation. Broker-dealers and their agents who misrepresented and/or made unsuitable recommendations as to the GWG L bonds may still be held liable for losses in investor accounts. In other words, an account holder can still file a FINRA arbitration against the broker-dealer to recover losses in GWG L bonds for misrepresentations, unsuitable recommendations, failure to conduct adequate due diligence, negligence, etc. You should not let your broker-dealer or broker/financial advisor convince you otherwise. Robert Wayne Pearce, P.A. Recovers Investment Losses The attorneys at Law Offices of Robert Wayne Pearce, P.A. are experienced in litigating high-yield and speculative fixed-income instrument securities loss cases. For over 40 years we have represented investors in arbitration and securities litigation matters, including FINRA arbitration proceedings in nearly every state. Contact us now at 561-338-0037 or contact us online to schedule your free initial consultation.  GWB L Bonds Were Sold for High Commissions! According to GWG Holdings, the GWG L bonds were sold by Emerson Equity, the managing broker-dealer, which partnered with other brokerage firms that also sold the L bonds to their retail customers. The commissions on such sales by the brokerage firms were as high as 8%. The Law Offices of Robert Wayne Pearce, P.A. suspects that many other broker-dealers were involved in the recommendation and sale of the GWG L bonds to their customers. Some of the firms alleged to have sold L bonds to their customers include: If the name of your broker-dealer does not appear on the list above, do not be alarmed. Rather, call us at 561-338–0037 or contact us online for free consultation to discuss whether you may have a claim to recover damages. Recover Your GWG L Bond Investment Losses in a FINRA Arbitration The Law Offices of Robert Wayne Pearce, P.A. is prepared to help investors who have sustained damages or monetary losses not only in GWG L bonds but other investments in your account in FINRA arbitration. If you were one of those investors who have suffered losses, you should seek the immediate advice of an experienced investment fraud attorney with more than 40 years of experience representing investors in investment fraud and broker-dealer negligence cases. It is imperative that you seek our consultation as soon as possible, as there are applicable eligibility rule and/or statutes of limitation that may forever bar your claim against the broker-dealer who sold you the GWG L bonds if you do not file your claim in a timely manner.  We Don’t Get Paid Unless You Get Paid! The Law Offices of Robert Wayne Pearce, P.A. accepts cases on a contingency fee basis. This means if we do not recover money for you, you will not incur any fees owed to our firm. In other words, our attorney’s fees are collected only if we successfully settle your case or obtain a monetary award at the final arbitration hearing. We will also bear the cost of your case through the litigation...

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FINRA Regla 8210 Carta: Todo lo que debe saber

If you have landed on this article, most likely because you probably just received a letter from FINRA via certified mail that states, “You are notified that the FINRA office is conducting an inquiry to determine whether violations of the federal securities laws or FINRA, New York Stock Exchange, MSRB rules, have occurred.” In the following paragraph, you’re being urged to submit a number of papers, respond to a number of queries, and/or provide on-the-record testimony to FINRA employees as required by FINRA rule 8210. The chances are you’ve never received or seen one of these letters before, and it can be very intimidating and cause a lot of anxiety. Robert W. Pearce, a nationwide regulatory defense lawyer with a practice that includes representation of broker-dealers and financial advisors answers one of the more frequently asked questions: What is a FINRA 8210 letter? What is a FINRA Rule 8210 Letter? Receiving a Rule 8210 letter implies that FINRA is seeking documents, information, or testimony from you regarding an investigation of a broker-dealer or a person who is registered or associated with a broker-dealer. Whether or not you are a person of investigation is uncertain. Need Legal Help? Let’s Talk. or, give us a ring at 800-732-2889. At this point, it would be a good idea to contact a lawyer who specializes in securities law and is familiar with FINRA regulations. Independent of whether you believe you are the subject of investigation, you are obligated to respond. Failure to do so can have dire consequences. In the case that you are the individual under investigation, you will be glad that you spoke with an attorney now rather than later. An attorney can help ensure that your rights are protected throughout the process and help guide you in providing the appropriate information and documents to FINRA investigators. What is a FINRA 8210 Request? FINRA Rule 8210 Provision of Information and Testimony and Inspection and Copying of Books gives FINRA the authority to request and examine and make copies of the books, records, and accounts of a member firm related to any matter being investigated, complained about, examined, or processed. In addition, this rule can seek and require testimony from any person associated with the member firm and require production of documents relating to FINRA-regulated activities. FINRA Rule 8210 is an important tool for ensuring compliance in the securities industry. It allows FINRA to keep a vigilant watch over potential violations and misconduct, ultimately providing customer protection and investor confidence. This request applies to firms as well as registered brokers, registered representatives, and other associated persons of the firm. FINRA may direct its 8210 requests to any person who is a member or associated with a member firm, such as officers, directors, employees, shareholders, and partners. As a registered representative, it is important to understand the implications of a FINRA 8210 request. These are rules that you choose to abide by when you become a part of the securities industry and registered with FINRA. A failure to comply with FINRA Rule 8210 could result in disciplinary action by FINRA. What Happens with the Information that I Provide to FINRA? The information obtained by FINRA through its Rule 8210 request can be used in a variety of ways, including enforcement investigations and proceedings. It also may be used to assess whether disciplinary action is necessary, as well as for market surveillance purposes. The information that FINRA obtains can be shared with other regulatory organizations, law enforcement, and government agencies. The information may also be disclosed by way of a subpoena in civil litigation. Responding to a FINRA Rule 8210 letter can be intimidating. There are a lot of things to consider and evaluate carefully before responding. When faced with a FINRA 8210 letter, it is in your best interest to seek a securities lawyer who is familiar with FINRA regulations to help you navigate the process. An experienced securities attorney will provide guidance and advice to ensure your rights are protected throughout the investigation. Do I Have to Respond to a FINRA Rule 8210 Letter? Yes, you must respond to the letter and provide any requested documents or on-the-record testimony. The consequences of not responding can be serious, including suspension or permanent bar from the securities industry. Do not jeopardize your career by failing to respond in a timely manner. You may not even be the target of the investigation, but your cooperation will still be essential in order to provide information that may help FINRA uncover any violations of the federal securities laws. It can be difficult to comprehend exactly what is expected from you when you receive a FINRA rule 8210 notice. An experienced FINRA defense attorney can answer your questions and guide you through the process so you understand your rights and responsibilities. The Law Offices of Robert Wayne Pearce, P.A. have over 40 years of experience defending FINRA inquiries, investigations and disciplinary proceedings. Contact our office today for a free consultation to discuss how we can help you respond to the FINRA 8210 letter. What are the Consequences of Not Responding to a FINRA Rule 8210 Letter? The consequences of not responding to a FINRA Rule 8210 letter are serious. And, more often than not, if the individual does not comply with this information request, the individual will be barred from the securities industry. If a registered broker or registered representative does not comply with FINRA Rule 8210 request, they will no longer be able to be associated with a member firm. If a registered firm does not comply with FINRA Rule 8210 request, then normally that firm is going to be expelled from the securities industry. The consequences are steep, and you should strongly consider the options available in responding to the FINRA Rule 8210 letter. FINRA has jurisdiction over all FINRA-registered firms, brokers, and associated persons. They can take disciplinary action against those who do not comply with the rules set forth in FINRA Rule 8210. If you are currently registered with a firm or you have been currently registered with a firm in the past 2...

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Demandan a Joseph Michael Todd, ex agente de Centaurus Financial

The Law Offices of Robert Wayne Pearce, P.A. is currently representing a Client of Joseph Michael Todd who has filed an arbitration claim against his employer, Centaurus Financial, Inc. Joseph Michael Todd Formerly With Centaurus Financial, Inc. and Investors Capital Corp. Has Three (3) Customer Complaints For Alleged Broker Misconduct. IMPORTANT: We are providing information about our clients’ allegations and seeking information from other investors who did business with Joseph Michael Todd and had similar investments, a similar investment strategy, and a similar bad experience to help us win our clients’ case. Please contact us online via our contact form or by giving us a ring at (800) 732-2889. Update: SEC Files Suit Against Joseph Michael Todd The SEC finally filed suit against Joseph Michael Todd (“Todd”) engaging in a fraudulent scheme from at least August 2016 through at least November 2022, where he allegedly misappropriated at least $3 million from at least 20 customers of Centaurus Financial, LLC (“Centaurus”), a dually registered broker-dealer and investment adviser that employed Todd as a registered representative. Todd obtained investor funds through deceptive means by instructing his Centaurus customers to write checks payable to his entities Todd Financial Services, LLC (“TFS”) and/or TFS Insurance Services LLC (“TFS Insurance”) or to Todd himself by falsely assuring customers that he and his entities would invest their funds in various securities. Instead, Todd commingled investors’ funds and kept the money for his own personal use, spending it on lavish real estate, boating, hunting, casinos, and adult entertainment. Todd perpetuated the fraud by making material misrepresentations to customers regarding the use of their funds in meetings that took place in person, in phone conversations, and in documents that he prepared and provided to customers. The SEC accused Todd and his entities because of their conduct, Todd, TFS, and TFS Insurance knowingly or recklessly committed securities fraud. In violation of Section 17(a) of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. §§ 77e(a), 77e(c), and 77q(a)] and Todd, TFS, and TFS Insurance violated Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5]. The SEC brought the lawsuit to prevent further harm to investors and to seek disgorgement, civil penalties, permanent injunctions, and conduct-based injunctions stemming from the Defendants’ wrongdoing, and a permanent officer-and-director bar against Todd. Joseph Michael Todd Was Terminated by Centaurus Financial, Inc. On July 21, 2022, Joseph Michael Todd was terminated by Centaurus Financial, Inc. for not cooperating with an ongoing investigation into whether Joseph Michael Todd violated firm policy and industry rules with respect to allegations of selling away and the receipt of customer funds. Our law firm was contacted by a customer of Joseph Michael Todd alleging misappropriation or theft of funds. We are currently investigating such claims and are accepting clients who were victims of Joseph Michael Todd’s alleged misconduct. Joseph Michael Todd was fired from Centaurus Financial in July 2022, according to FINRA’s BrokerCheck. Michael Todd was terminated from Centaurus Financial because of claims he sold investments not authorized by the company, a common practice known as “selling away.” Did Joseph Michael Todd Cause You Investment Losses? Joseph Michael Todd, also known as Michael Todd, Formerly With Centaurus Financial, Inc. and Investors Capital Corp. Has Three (3) Customer Complaints For Alleged Broker Misconduct. If you believe you have suffered investment losses resulting from the conduct of Joseph Michael Todd at Centaurus Financial and Investors Capital Corp. you can contact the securities attorneys at The Law Offices of Robert Wayne Pearce, P.A. for a free consultation to discuss your rights. Joseph Michael Todd Customer Complaints Joseph Michael Todd has been the subject of three (3) customer complaints that we know about, one (1) of those complaints was filed in 2022 to recover investment losses. And One (1) of Joseph Michael Todd’s three (3) customer complaints were settled in favor of investors. However, one (1) of Joseph Michael Todd’s customer complaints was closed, and the customers have not taken any further action. There is currently one (1) pending customer complaint filed against Joseph Michael Todd’s former employer Centaurus Financial, Inc. for investment losses caused by alleged misconduct.  Allegations Against Joseph Michael Todd A sample of the allegations made in the FINRA reported arbitration claim settlements and/or pending complaints for investment losses are as follows:  We currently represent a Client of Joseph Michael Todd who have filed an arbitration claim against his employer, Centaurus Financial, Inc. A summary of the allegations made in the FINRA arbitration filed for investment losses realized by the Claimant were as follows: 1. Introduction Respondent Centaurus employed Joseph Michael Todd (hereafter referred to as either “Mike” or “Mr. Todd”) and held him out as registered representative, investment adviser, investment manager, financial adviser, and financial planner with special skills and expertise in the management of securities portfolios and financial, estate, retirement, and tax planning matters. Centaurus hired Mr. Todd after he was terminated by two prior broker-dealers for violations of industry rules, firm policies and procedures, including allegations of selling unapproved investments and misappropriation. It also permitted Mr. Todd to operate his Centaurus branch offices under the name “Todd Financial Services” as “a DBA for branding purposes.” The Respondent is being sued in its capacity as broker-dealer and investment adviser, investment portfolio manager, financial planner, and/or as an employer whose employees and agents, including, but not limited to, Mr. Todd, committed the acts and omissions which are the subject of this Statement of Claim.  Claimant is a 62-year-old single woman back working 3 months after she had retired and discovered that her Centaurus’ stockbroker and investment advisor Mr. Todd did the following: 1) Stole $425,000 of her funds that were supposed to have been invested in safe, liquid, fixed income securities for her retirement security and income; 2) Acted in his own “best interest” instead of Claimant’s “best interest” in soliciting her to sell $420,000 of her investment grade municipal bonds and reinvesting the sales proceeds in illiquid and high-risk...

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David Barnes, de UBS Financial Services: Reclamaciones de los inversores

¿LE CAUSÓ DAVID RAY BARNES PÉRDIDAS EN SUS INVERSIONES? David Barnes De UBS Financial Services Y Anteriormente Con Credit Suisse Securities (USA) Tiene Una Queja De Cliente Por Presunta Mala Conducta De Corredor Noticias Recientes: The Law Offices of Robert Wayne Pearce, P.A. Helps Investor Recover Investment Losses Caused by David Barnes La demandante es una viuda de 73 años que reside en Dallas, Texas. Estuvo casada hasta que su marido falleció el 30 de marzo de 2016. El Demandado, UBS Financial Services, Inc. ("UBS"), es una corporación de Delaware con sede principal en Weehawken, Nueva Jersey. El Demandado UBS empleó a David Barnes ("Barnes") y lo presentó a él y a otros empleados de UBS de su equipo como asesores de inversiones, gestores de inversiones, asesores financieros y planificadores financieros con conocimientos y experiencia especiales en la gestión de carteras de valores y asuntos financieros, patrimoniales, de jubilación y de planificación fiscal. Barnes poseía varias certificaciones profesionales que indicarían que sabía o debería haber sabido que su conducta en la gestión de las cuentas de los demandantes estaba por debajo del nivel aceptable de diligencia, a saber: Chartered Financial Analyst ("CFA"), Certified Financial Planner ("CFP") y Chartered Alternative Investment Analyst ("CAIA"). Las reclamaciones en este arbitraje incluían, entre otras, las siguientes (1) La omisión de Barnes de emplear técnicas modernas de cartera, como la asignación y diversificación de activos, para proteger los activos de los Demandantes de un riesgo irrazonable de pérdida a partir de marzo de 2019; (2) La omisión de Barnes y otros de salvaguardar y proteger los activos de los Demandantes de un riesgo irrazonable de pérdida en julio de 2019 y en adelante; (3) La omisión de Barnes y otros de cumplir con sus obligaciones fiduciarias y contractuales de vender valores y reducir la deuda con prontitud y de manera que sirviera al mejor interés; (4) La falsedad y el engaño de Barnes a los Demandantes sobre el rendimiento de los valores y las cuentas; (5) Declaraciones falsas y engañosas de Barnes sobre su estrategia de inversión y la disponibilidad de estrategias alternativas; (6) Declaraciones falsas y engañosas de Barnes a los reclamantes sobre el riesgo de seguir "manteniendo" una estrategia de inversión inadecuada, no diversificada y con un apalancamiento excesivo en las cuentas gestionadas por UBS de los reclamantes; (7) las recomendaciones inadecuadas de "mantener" de Barnes en relación con las cuentas de valores no diversificadas y sobreapalancadas gestionadas por Barnes el 13 de febrero de 2020 y posteriormente; y (8) el hecho de que UBS y Barnes no se abstuvieran de realizar operaciones por cuenta propia y de los conflictos de intereses relacionados con el asesoramiento de inversión prestado en relación con las líneas de crédito variables de los demandantes y las recomendaciones de estrategia de inversión. Obviamente, los árbitros consideraron que David Barnes de UBS incurrió en mala conducta porque después de considerar los alegatos, el testimonio y las pruebas presentadas en la audiencia, y cualquier presentación posterior a la audiencia, el Panel decidió en resolución completa y definitiva de las cuestiones sometidas a su determinación lo siguiente: La Demandada es responsable y deberá pagar a la Demandante la suma de 380.158,00 dólares en concepto de daños compensatorios. La Demandada es responsable y deberá pagar a la Demandante intereses sobre la suma antes mencionada a una tasa del 5% anual desde el 9 de agosto de 2022 hasta la fecha en que este Laudo sea pagado en su totalidad, inclusive. El Demandado es responsable y deberá pagar al Demandante la suma de $152,063.20 en concepto de honorarios de abogados de conformidad con el Código de Prácticas y Recursos Civiles de Texas. Si usted tuvo una experiencia similar con David Barnes, entonces es posible que desee considerar ponerse en contacto con nuestro bufete de abogados acerca de la viabilidad de sus reclamaciones y la capacidad de recuperar sus pérdidas de inversión.

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Cómo gestionar una citación de la SEC: Paso a paso

No one ever wants to receive an SEC subpoena, but when you do it is important to take action immediately so as to protect your future. In this article we will review what an SEC investigation subpoena is, the different types of SEC subpoenas you can receive, and what to do, step-by-step, if you receive an SEC investigatory subpoena. What is an SEC Subpoena? An SEC subpoena is a legal order for recorded testimony that is issued by the Securities and Exchange Commission in connection with one of its investigations. The subpoena requests documents, data, or both which are relevant to an ongoing investigation. Investment Losses? Let’s Talk. or, give us a ring at 800-732-2889. Note: If you get served with an SEC subpoena, it means you’re likely under suspicion of committing or witness to securities fraud even though the SEC will tell you not to conclude anything from the fact you were served with a subpoena. It is strongly encouraged that you consult with a SEC defense lawyer. SEC Subpoena Power The Securities and Exchange Commission (SEC) is the federal agency responsible for enforcing securities laws, proposing new securities rules, and regulating the securities industry. The SEC has the power to investigate almost any company or individual for securities fraud. The SEC is primarily interested in issues involving potential stock manipulation, false or misleading statements in offering documents, insider trading, and other areas where investors are being cheated out of money. The staff of the SEC has subpoena power which they can use to compel individuals and companies under investigation to produce requested documents and/or testify at hearings under oath about their involvement with certain companies or businesses. If you receive an SEC subpoena, your life could be turned upside down until the issue is resolved. There are two types of SEC subpoenas: Subpoena ad testificandum: This subpoena compels the person to whom it is addressed to appear at a specific time and place and testify under oath or affirmation. Subpoena duces tecum: This subpoena compels the person to whom it is addressed to produce documents in his possession or control, either at a designated location or before the person who signed the subpoena. What happens when you get an SEC Subpoena?  When you get served with an SEC subpoena, it means that your records are being requested by a federal agency for an investigation. Generally, you’ll be told that you have 30 days from the date of service of this document to provide all records related to whatever it’s requesting. IMPORTANT: You will likely have to appear in front of a SEC enforcement official who may ask you questions under oath and subject to the penalty of perjury and/or making false statements to a government official. Do not lie about not having any records because if they come back and say you lied about having them, you could be charged with obstruction of justice. What should I do if I get an SEC Subpoena? Unfortunately, investigations by the SEC does happen from time to time. If you receive an SEC subpoena, it’s important to act quickly and be proactive. Below are the steps to take after receiving a subpoena from the SEC: Step 1: Consult a SEC defense lawyer who is experienced with SEC subpoenas immediately. Your lawyer will be able to guide you through the process and represent you during the investigation. An attorney can determine how to respond to your subpoena, what information you should immediately turn over, and help you avoid making any mistakes that could result in additional scrutiny or legal consequences. Step 2: Know your rights under the concept of “privileged” information. Under the attorney-client privilege, for example, you do not have to provide anything to the SEC if it would be between you and your lawyer. Step 3: Read the terms of the subpoena thoroughly. Make sure you understand them and determine what information must be turned over. If your subpoena requests specific documents, the SEC will likely want to review all of those documents. Step 4: Respond to the subpoena as soon as possible with an attorney by your side. Returning things too quickly without consulting a lawyer first could look bad for you during the rest of the investigation process. And if they ask for something that is difficult or unrealistic to produce, you can let them know that upon receiving their request. Some items may take longer than 30 days to find/produce depending on how easy it is for you to obtain (i.e., if there are thousands of emails it could take some time). Step 5: Keep a detailed record of all aspects of the process, including any contact or communication with an SEC investigator(s) so that you can protect yourself down the road with evidence in case there is any uncertainty about what happened during the investigation process. Step 6: Keep the details of your case confidential with yourself and your legal representation. Do not discuss or share information about your case with anyone who isn’t an attorney because you do not want to risk incriminating yourself. Step 7: Be proactive and do not engage in any activity that could be considered obstruction of justice, such as lying or concealing information. What types of records might the SEC subpoena? The Commission may subpoena documents related to financial transactions (including transfers of money between accounts), communications (including e-mails), photographs, videos, and other data like employment history or company policies/employee handbooks/training manuals. For example, the SEC may subpoena communications related to specific stock sales or actions taken during an acquisition. Schedule a Consultation with an Experienced SEC Defense Attorney If you are served with an SEC subpoena, you should promptly contact a lawyer experienced in representing parties dealing with federal investigations to guide you through how to handle your case and protect yourself. The Law Offices of Robert Wayne Pearce, P.A. has over 40 years of experience dealing with the SEC subpoenas and enforcement actions. Our attorneys can help you determine what information needs to be turned over, provide advice on how to handle the...

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¿Qué se considera incumplimiento del deber fiduciario?

Breaches of fiduciary duty are unfortunately common. Given that fiduciary duty is the highest legal standard of care, any failure to uphold this responsibility can have severe consequences for those who have been entrusted with a fiduciary duty. In this article, we will cover what is a breach of fiduciary duty, common examples, and whether or not you have a legal claim. An investment loss recovery attorney can help you take action against a fiduciary who has acted negligently or wrongly. What is a Breach of Fiduciary Duty? Breach of fiduciary duty occurs when an individual, such as a financial advisor, that has been entrusted with managing the affairs of another fails to act in good faith and is negligent or malicious in their duties. Investment loss? Let’s talk. or, give us a ring at 561-338-0037. A fiduciary is bound to act in the best interests of their client, and when they fail to do so, it can lead to significant financial losses. If you believe you are dealing with investment loss due to a breach of fiduciary duty, you should strongly consider hiring an investment loss attorney. The quicker you reach out, the quicker you can begin the process of recovery. The Law Offices of Robert Wayne Pearce, P.A., offers free consultations. Give us a call at (800) 732-2889. Let’s discuss your case and see what we can do to help you get the compensation you need and deserve. Four Elements of a Breach of Fiduciary Duty Case To prove a breach of fiduciary duty, four key elements must be demonstrated: the existence of a fiduciary duty, a violation of that duty, resulting harm, and a causal connection between the breach and the harm. Duty – There Exists a Fiduciary Duty There must be an established fiduciary relationship between you and the other party for the fiduciary to owe you a duty. To hold a fiduciary accountable to their standard of care, it is essential to demonstrate that they knowingly accepted the role. This is typically shown through a written agreement between the parties, such as a customer agreement. Breach – There Was a Violation of This Duty Fiduciaries are required to work in the best interests of their clients, and any deviation from this standard may constitute a breach. To demonstrate a breach of fiduciary duty, one must have evidence that the individual holding this responsibility acted negligently or maliciously—or prioritized their own interests over yours. This can include lost investments, diminished value of your assets, outright theft, decisions made without your consent, or failure to carry out one’s fiduciary responsibility. You can also prove a breach through the fiduciary’s failure to act—for example, not disclosing a conflict of interest. It is best to speak with an investment fraud lawyer to determine if your fiduciary failed in their responsibility and contributed to your losses. Damages – The Breach of Duty Resulted in Harm to You For there to be a legitimate claim of breach of fiduciary duty, the breach must have caused you to suffer damages. Proving there was a breach is not enough for a valid claim of breach of fiduciary duty. Unless you can demonstrate how the violation of fiduciary duty directly caused you to suffer damages, your claim may not be successful. Damages can be either economic or non-economic, such as mental anguish.  Causation – There is a Connection Between the Breach and the Harm There must be a direct link between the fiduciary’s breach and harm to you. If you incurred damages that cannot be connected to the individual’s breach, your claim may not be successful. Breach of Fiduciary Duty Examples Breaches of fiduciary duties can take many forms. A fiduciary must act in the best interests of their client. When they fail to do so, serious harm can result. Examples of a breach of fiduciary duty include misrepresentation or failure to disclose information, excessive trading, unsuitable investments, failure to diversify, and failure to follow instructions. Misrepresentation or Failure to Disclose Information If a financial advisor does not present a client with all material information about an investment, this is a breach of fiduciary duty. Material information is what a reasonable investor would consider important when deciding whether to invest.  Sometimes financial advisors will mislead investors by omitting information, such as risk factors or any negative information about a stock.  Excessive Trading Excessive trading, also known as churning, in your account is a breach of fiduciary duty. Financial advisors will make large numbers of trades solely to generate more commissions for themselves.  Unsuitable Investments Financial advisors must “know their customer” before making investment recommendations. This includes understanding the client’s investment objectives, risk tolerance, time horizon, financial standing, and tax status. The advisor breaches their fiduciary duty if they make an unsuitable investment, even with the best intentions.  Failure to Diversify Your financial advisor must recommend a mix of investments so that your assets are properly allocated among various asset classes and industries. Failing to diversify your portfolio puts you in a position of great risk and is a breach of fiduciary duty. If your assets are over-concentrated in a particular stock or sector, you may experience significant losses if the company or industry does not perform well.  Failure to Follow Instructions When you give instructions to your financial advisor, they have the fiduciary duty to promptly perform your orders. If your advisor fails to follow your instructions in a timely manner and you suffer financial losses, you can recover. Can You Pursue a Lawsuit for a Breach of Fiduciary Duty? Yes, you can pursue a lawsuit for a breach of fiduciary duty. You will need to speak with an investment fraud lawyer to determine if your fiduciary failed in their responsibility and contributed to your losses. It is important that you prove there was a breach, damages were caused, and the breach was directly connected to the harm you suffered in order for your lawsuit to be successful. Do you believe you’ve been the victim of a breach of fiduciary duty? Don’t wait – contact an experienced investment fraud attorney as soon as possible to learn more...

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