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Investors With “Blown-Out” Securities-Backed Credit Line and Margin Accounts: How do You Recover Your Investment Losses?

If you are reading this article, we are guessing you had a bad experience recently in either a securities-backed line of credit (“SBL”) or margin account that suffered margin calls and was liquidated without notice, causing you to realize losses. Ordinarily, investors with margin calls receive 3 to 5 days to meet them; and if that happened, the value of the securities in your account might have increased within that period and the firm might have erased the margin call and might not have liquidated your account. If you are an investor who has experienced margin calls in the past, and that is your only complaint then, read no further because when you signed the account agreement with the brokerage firm you chose to do business with, you probably gave it the right to liquidate all of the securities in your account at any time without notice. On the other hand, if you are an investor with little experience or one with a modest financial condition who was talked into opening a securities-backed line of credit account without being advised of the true nature, mechanics, and/or risks of opening such an account, then you should call us now! Alternatively, if you are an investor who needed to withdraw money for a house or to pay for your taxes or child’s education but was talked into holding a risky or concentrated portfolio of stocks and/or junk bonds in a pledged collateral account for a credit-line or a margin account, then we can probably help you recover your investment losses as well. The key to a successful recovery of your investment loss is not to focus on the brokerage firm’s liquidation of the securities in your account without notice. Instead, the focus on your case should be on what you were told and whether the recommendation was suitable for you before you opened the account and suffered the liquidation.

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FINRA Arbitration: What To Expect And Why You Should Choose Our Law Firm

If you are reading this article, you are probably an investor who has lost a substantial amount of money, Googled “FINRA Arbitration Lawyer,” clicked on a number of attorney websites, and maybe even spoken with a so-called “Securities Arbitration Lawyer” who told you after a five minute telephone call that “you have a great case;” “you need to sign a retainer agreement on a ‘contingency fee’ basis;” and “you need to act now because the statute of limitations is going to run.”

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A Stockbroker’s Introduction to FINRA Examinations and Investigations

Brokers and financial advisors oftentimes do not understand what their responsibilities and obligations are and what may result from a Financial Industry Regulatory Authority (FINRA) examination or investigation. Many brokers do not even know the role that FINRA plays within the industry. This may be due to the fact that FINRA, a self-regulatory organization, is not a government entity and cannot sentence financial professionals to jail time for violation of industry rules and regulations. Nevertheless, all broker-dealers doing business with members of the public must register with FINRA. As registered members, broker-dealers, and the brokers working for them, have agreed to abide by industry rules and regulations, which include FINRA rules.

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How to File a SEC Complaint or Report Fraud Against a Broker

Your investments are important—that’s why so many individuals hire investment brokers and financial advisors to manage their investment accounts.  Having a qualified broker can be a great advantage to the growth of your investments. Unfortunately, however, investment and securities fraud remains a common and serious issue in the United States each year. So what do you do if you are a victim of investment fraud at the hands of your broker?  The U.S. Securities and Exchange Commission (SEC) has a mission of protecting investors; maintaining fair, orderly, and efficient markets; and facilitating capital formation. In furtherance of this goal, the SEC allows individual investors to file complaints against their broker or their broker’s firm. If your broker committed negligence or broker fraud, you may be entitled to file a complaint and recover your losses. Violations of securities law can be reported to the SEC, which will conduct a comprehensive investigation.  Looking for information on how to file an SEC complaint against a broker? Look no further than the Law Offices of Robert Wayne Pearce, P.A. Not only can our attorneys help you report your broker, but we can also help you recover your investment losses.  Filing a complaint against your broker with the SEC can be a great way to hold them accountable and put future investors on notice of their wrongdoing. However, doing so doesn’t necessarily help you get your money back. Contacting an attorney, however, can be the first step toward actually recovering your personal investment losses that you suffered at the hands of your broker.  Stockbroker fraud attorney Robert Wayne Pearce has over 40 years of experience handling complex securities, commodities, and investment arbitration and litigation cases. He has helped countless clients through their investment-related disputes, and he will fight to do the same for you. Please don’t hesitate to send us an online message or call (800) 732-2889 today for assistance. Why Would I File a Complaint? There are numerous reasons you may need to file a complaint with the SEC against your broker. Common examples of wrongful actions by a broker or brokerage firm include: Offering fraudulent or unregistered securities;  Misappropriating client funds; Insider trading; Making false or misleading statements; and Failing to file required reports with the SEC. Of course, not all actions by a broker constitute fraud for which you can file a complaint with the SEC. Remember, the stock market is inherently volatile, so the fact that you lost money does not necessarily mean your broker took any wrongful actions.  An experienced investment fraud attorney can help you determine whether filing a complaint with the SEC against a broker might be warranted. Filing a Complaint with the SEC Against a Broker: What You Need to Know If you suffer financial losses due to the negligence or misconduct of a broker or brokerage firm, filing a complaint with the SEC against the broker can be an important step to take.  Not only can this help prevent future investors from being subject to the same fraudulent and predatory actions, but it may also provide you with an avenue to recover your losses. How to File a Complaint Against a Broker The first step in reporting your broker for fraud or misconduct is to file your formal complaint with the SEC.  The SEC provides an opportunity for members of the public at large to submit broker complaints electronically using the SEC’s Investor Complaint Form.  What to Include in Your Complaint The Investor Complaint Form may appear simple to complete. However, there is more to it than you might think.  The form requires basic information such as: Your name and address; Basic information about your broker; The type of investment involved; A brief description of the events giving rise to your complaint; and Any actions you may have already to resolve your complaint against your broker, such as mediation, arbitration, or court action. The complaint form can play a vital role in whether the SEC allows your case to move forward. Thus, the more information you are able to provide, the better equipped the SEC will be to investigate your complaint. An experienced investment fraud attorney can be a great benefit to you as you complete your Investor Complaint Form and move forward in the process.  What Happens After Submitting My Complaint to the SEC After the SEC receives your complaint, they will thoroughly investigate your claim and all relevant evidence.  Central to the process is confidentiality. The SEC conducts its investigations in a manner that will protect the parties and preserve the integrity of the complaint process.  Then, depending on the allegations asserted in your form, the complaint will be referred to the appropriate SEC office. The Office of Investor Education and Advocacy The Office of Investor Education and Advocacy handles basic investor questions regarding securities law and complaints related to financial professionals. These SEC officers will also advise complainants of possible remedies and, in some cases, will intervene on your behalf and reach out to brokers or other financial advisors concerning the issues raised in your complaint. This office may also refer your complaint to another division of the SEC for resolution. Enforcement Division The Division of Enforcement, on the other hand, employs attorneys to review information and tips regarding securities law violations.  Officers in this office investigate the claims in their entirety, retrieving whatever evidence may be necessary. Again, it is important to note that the investigations conducted by the SEC are typically confidential unless made a matter of public record.  After completing a thorough investigation, the Enforcement Division may recommend that the SEC bring civil actions in federal court or before an administrative law judge to prosecute securities law violations.  Why Hire an Investment Loss Attorney to Assist with Complaints Against Your Broker? Reporting the fraudulent misconduct of a broker to the SEC is important. However, filing an SEC complaint is not the only way to hold a broker or brokerage firm accountable.  In fact, in some cases, filing an SEC complaint...

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What is the Difference Between Solicited & Unsolicited Trades?

Ideally, hiring a skilled broker takes some of the risk out of investing. Unfortunately, however, some brokers fail to act with the appropriate level of integrity. As an investor, it’s very important to understand the difference between solicited and unsolicited trades. The distinction has significant consequences on your ability to recover losses from a bad trade. What’s the Difference Between a Solicited and an Unsolicited Trade? The main difference between a solicited and unsolicited trade is: a solicited trade is a transaction that the broker recommends to the client. In contrast, an unsolicited transaction is one that the investor initially proposed to the broker. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. In regards to solicited trades, the broker is ultimately responsible for the consideration and execution of the trade because he or she brought it to the investor’s attention. The responsibility for unsolicited trades therefore lies primarily with the investor, while the broker merely facilitates the investor’s proposed transaction. Why the Difference Matters The status of a trade as solicited or unsolicited is hugely important when an investor claims unsuitability. An investor who wants to recover losses may be able to do so if the broker is the one who initially suggests the transaction. Take the following example. You purchase $150,000 of stock in a new company. Shortly after the trade is complete, the stock loses nearly all its original value. As an investor, you will want to recover as much of that loss as possible. One way is to file a claim against your broker on the basis that the stock was an unsuitable investment. When you say that an investment was unsuitable, you are essentially saying that based on the information your broker had about you as an investor, the broker should not have made the trade in the first place. If the stock purchase was at your request—that is, it was unsolicited—then it’s unlikely you’d be able to hold your broker liable for your losses. After all, the trade was originally your idea.  If the stock was suggested to you as a good investment by your broker, however, then you may have an argument that you were pushed into a solicited trade that was not in your best interests. If this is the case, you would have a much stronger argument for holding your broker liable. What Is Suitability? The Financial Industry Regulatory Authority (FINRA) imposes rules on registered brokers to protect investors against broker misconduct. Under FINRA Rule 2111, brokers are generally required to engage in trades only if the broker has “a reasonable basis to believe that the recommended transaction or investment strategy involving a security or securities is suitable for the customer.” Whether an investment is suitable depends on diligent consideration of several aspects of a client’s investment profile, including: The investor’s age; Other investments, if any; The investor’s financial situation and tax status; The investor’s individual investment objectives; The level of investing experience or sophistication of the investor; The investor’s risk tolerance; and Other relevant information the investor discloses to their broker. When a broker makes a trade without a reasonable basis for believing that the trade is suitable, the broker violates FINRA Rule 2111. Investors may then be able to recover losses from the broker, and FINRA may impose sanctions, suspension, or other penalties on the broker. Broker Obligations to Their Clients When a broker conducts a trade on behalf of an investor, the broker uses an order ticket with the details of the trade. Brokers mark these tickets as “solicited” or “unsolicited” to reflect the status of the trade. For the reasons explained above, this marking is very important. On one hand, it protects a broker from unsuitability claims following a trade suggested by the broker’s client. On the other, it provides an avenue to recover losses in the case of a solicited trade that turns out poorly. FINRA Rule 2010 covers properly marking trade tickets. This rule requires brokers to observe “high standards of commercial honor and just and equitable principles of trade” in their practice. If a broker fails to properly mark a trade ticket, that broker violates Rule 2010. As an investor, you should always receive a confirmation of any trades your broker conducts on your account.  FINRA has found that abuse of authority by mismarking tickets is an issue within the securities industry. The 2018 report found that brokers sometimes mismarked tickets as “unsolicited” to hide trading activity on discretionary accounts. If your broker feels the need to hide a trade from you, that trade is likely unsuitable. How to Protect Yourself Against Trade Ticket Mismarking Whether your account is discretionary or non-discretionary, and whether you’re new to investing or a skilled tycoon, you should always pay close attention to your investment accounts. Carefully review your trade confirmations to make sure that all trades are properly marked. If you find a mistake, immediately report it to your broker or the compliance department of their brokerage firm. It’s their job to correct these mistakes and make sure they don’t happen in the future. Negative or suspicious responses to a legitimate correction request are red flags that should not be ignored. If you discover your broker intentionally mismarking your trade tickets, contact an investment fraud attorney immediately. Concerned About a Solicited Trade? The Law Offices of Robert Wayne Pearce, P.A., have been helping investors recover losses for over 40 years. We have extensive experience representing investors and have helped our clients recover over $160 million in total. If you’ve become the victim of unsuitable or fraudulent investing, we can help you. Contact us today or give us a call at 561-338-0037 for a free consultation.

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How to File a Formal Complaint Against Your Financial Advisor

When you hire a financial advisor, you expect the advisor to act in your best interest to prevent unnecessary losses. Unfortunately, however, financial advisors do not always live up to these expectations. In some cases, a financial advisor fails to follow an investor’s requests and guidelines or otherwise engages in misconduct, causing the investor to suffer losses. When this happens, the investor may be able to file an official complaint against the financial advisor through the Financial Industry Regulatory Authority (FINRA). In this article you will learn how to file a complaint against a financial advisor to recover your losses.

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Can I Sue My Financial Advisor For Structured Note Investment Losses?

Structured notes are investments that combine securities from several asset classes to create a single investment with a particular risk and return profile over a time period. Unfortunately, investment loss is not unheard of with structured notes. This article will try to explain how a structured note works and what you can do if you have lost money due to an advisor’s bad purchase decisions for you. Can I Sue My Financial Advisor For Structured Note Investment Losses? Yes, you can sue your financial advisor for structured note investment losses for one or more of the following reasons: The nature, mechanics, or risks of the structured note were misrepresented. The financial advisor failed to provide you with a prospectus, offering memorandum, or otherwise disclose all of the material risks of the structured product investment. The recommendation that you invest in a particular structured note was unsuitable. Your account was over-concentrated in structured notes which may otherwise have been suitable for a small percentage (10% or less) of your portfolio. What Are Structured Notes? Structured notes are investments which often combine securities of different asset classes as one investment for a desired risk and return over a period of time. They are complex investments that are often misunderstood by not only investors but the financial advisors who recommend them.  Structured notes are manufactured by financial institutions in all sizes and shapes. Generally, a structured note is an unsecured obligation of an issuer with a return, generally paid at maturity, that is linked to the performance of an underlying asset, such as a securities market index, exchange traded fund, and/or individual stocks. The return on the structured note will depend on the performance of the underlying asset and the specific features of the investment being made. The different features and risks of structured notes can affect the terms and issuance, returns at maturity, and the value of the structured product before maturity. They may have limited or no liquidity before maturity. Before investing, you better make sure you understand the terms and conditions and risks associated with the structured note being offered. Structured notes are often represented as investments being guaranteed by large financial institutions. Indeed, the top issuers of structured notes in 2021, Goldman Sachs (12.75%), Morgan Stanley (12.70%), Citigroup (12.46%), J.P. Morgan (11.92%), UBS (80.47%), Credit Suisse (4.99%), RBC (4.45%), Bank of America (3.90%), Scotiabank (3.89%), are some of the largest financial institutions in the world. It’s important to understand that although the benefits of owning structured products may be guaranteed to be paid by one of those large financial institutions, the amount of interest or principal being guaranteed is dependent upon the features of the product being sold; that is, the specific terms and conditions of the investment contract being purchased. In this low-interest rate environment the most popular structured notes being offered are structured notes with principal protection and income features. Some of the structured notes offer full principal protection, but others offer partial or no protection of principal at all. Some structured notes offer higher rates of interest that may be paid monthly and then suddenly stop paying any interest at all because payment was contingent upon certain events not happening. It all depends on the terms and conditions of the investment contract being purchased, which is why you must read the term sheet or better yet the prospectus to understand the nature, mechanics and risks of the structured note being sold. You need to understand that there are many key terms beyond the words “guarantor” and “guaranteed” which are used often to describe structured notes. You need to ask about and be sure to understand the following features of the structured notes being offered: the nature of the “reference asset” (a/k/a the “underlyings”) the reference index(es), ETF(s), or stock(s) underlying the structured note. whether the “reference asset” gets put to you at maturity (delivered) or you get paid in cash and forced to realize a loss. the “barrier levels” which can dictate the payment of interest and/or return of capital to the investor in the structured notes. whether the notes “auto-callable” which might force you to realize permanent loss that might not otherwise have occurred if you were allowed to hold the securities through market fluctuation. the “redemption dates,” or “observation dates, ” which may impact the amount of payment of principal or interest you ultimately receive. whether the interest payments subject to a “contingent coupon” and, if so, be sure you know the contingency parameter and the level where your interest payments may stop. How the “closing value” and/or “final value” of the “reference asset (as)” are calculated on the “redemption date(s)” or “observation date(s).” Are Structured Notes Suitable Investments? Let me answer that question this way, a particular structured note may be suitable for somebody but not everybody. With regard to the more common structured notes being offered by the major financial institutions these days, they are not suitable for individuals seeking an investment that: produces fixed periodic interest payments, or other non-contingent sources of income and/or you cannot tolerate receiving few or no interest payments over the term of the notes in the event the closing value of the underlings or reference stock falls below a barrier level on one or more of the observation dates. participates in the full appreciation of the reference stock rather than an investment with a return that is limited to the contingent interest payments, if any, paid on the notes. provides for the full repayment of principal at maturity, and/or you are unwilling or unable to accept the risk that you may lose some or all of the principal amount of the notes in the event the final value of the reference asset falls below the barrier value. They are not suitable investments if you are someone who: anticipates that the closing value of the reference asset will decline during the term of the notes such that the closing value of the reference asset will fall below...

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How to Handle an SEC Subpoena [Step-by-Step]

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. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. 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...

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FINRA Rule 3210 Overview

FINRA Rule 3210 is a newer FINRA rule, approved by the U.S. Securities and Exchange Commission (SEC) in the Spring of 2016. The regulators’ goal in approving this rule was to prevent conflicts of interest by financial advisors and broker dealers. To carry out this goal, the rule governs the ability of registered financial advisors to use investment accounts outside of the accounts offered by their FINRA member firm.  Rule 3210 requires financial advisors to make a request and obtain consent from the FINRA member firm they work for to keep their accounts somewhere else. It also requires a disclosure letter to the outside firm when a securities industry professional opens an account. This disclosure action is sometimes referred to as a FINRA 3210 Letter. Making this disclosure is one important step in preventing conflicts of interest for either firm.  At the Law Offices of Robert Wayne Pearce, P.A., we are committed to helping you enhance your investor education and understand all the FINRA registered broker dealer rules that may impact your decision-making. What is FINRA Rule 3210? FINRA adopted Rule 3210 in 2016, which required all employees to notify their employers if they intend to open or maintain an investment account at a competing financial firm. Rule 3210 governs accounts opened by members at firms other than where they work. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. IMPORTANT: Understanding rules like FINRA Rule 3210 can help you become a well-informed investor. It may also help you know what to look for when selecting a brokerage firm or a registered financial professional. FINRA Rule 3210 Broker Dealer Overview When an individual works for a brokerage firm, they typically keep their assets at that firm. The firm is therefore able to monitor their trades and can ensure that the financial advisor is not frontrunning their clients in a personal brokerage account. The firm can also monitor the financial advisor’s account for insider trading or other bad activity. But what happens when the financial advisor works for Bank A but wishes to keep their accounts at Bank B? Rule 3210 specifies that the financial advisor must receive written permission from Bank A to open the account at Bank B. Not only may the financial advisor not open the account without permission, but they must also declare any account in which they have a “beneficial interest.” This means that if their spouse has a brokerage account at Bank B, they must disclose that to their employer as well.  These FINRA registered broker dealer rules may seem challenging at first. However, they have been carefully implemented to protect investors from financial advisor conflicts of interest. Your Financial Advisor’s Requirements Under Rule 3210 Rule 3210 is not merely about allowing your financial advisor’s employer to see what is in their account. It is primarily about preventing conflicts of interest. In doing so, the rule requires: Obtaining prior written consent for opening accounts outside of the employer firm; Giving written notification of the financial advisor’s employment at his or her brokerage firm to the brokerage firm opening the new account; and Submitting written copies of brokerage statements or transaction data to the employer firm upon request. An important part of this rule is the written consent part. Everything must be in writing under Rule 3210. Indeed, keeping written records is a requirement under most FINRA registered broker dealer rules. Maintaining a record of requests and consents is important in this case because Rule 3210 pertains to conflicts of interest. FINRA does not have a set form for requests and consents under Rule 3210. Each firm creates their own FINRA Rule 3210 letters. Even more important than consent may be the fact that a financial advisor must submit duplicate brokerage statements to their employer. A financial professional may have their brokerage accounts at an outside firm. However, their employer must have transparency into their account activity just as if the accounts were in the employer’s custody. Rule 3210 is essential in balancing the right of financial professionals to use whichever brokers they choose with an employer’s need for compliance and a client’s need for transparency.  Close Family Members Must Also Comply with FINRA 3210 It may seem hard to believe that a FINRA broker dealer rule might apply to someone who doesn’t work in the financial services industry. But it’s true—FINRA 3210 requires disclosure of accounts from the following people related to a registered financial industry professional: A spouse; A financially dependent child of the registered financial industry professional or a child of the registered financial industry professional’s spouse;  A relative over whose accounts the registered financial industry professional has control; and Any other person over whose accounts the registered financial industry professional exercises control and who they materially financially support.  In the event that both spouses work at FINRA member firms, then each spouse would have to comply with this rule. Both member firms would be notified about the other spouse’s accounts. Protecting Against Conflicts of Interest A primary goal of FINRA Rule 3210 is to prevent FINRA member conflicts of interest. Your financial advisor and your brokerage firm should be working for you, in your best interest. Where an undisclosed conflict is lurking, your broker simply cannot provide you with the advice or level of service you should expect.  An important part of investor education about FINRA broker dealer rules is to allow you to understand the issues behind rules like FINRA 3210. Being well-informed about what these rules are and how they work helps make you a savvy investor. You will be better equipped to ask questions about potential conflicts of interest. You will also know to ask about your brokerage firm’s compliance systems and record retention.  Concerned That a Conflict of Interest Has Led to Investment Loss? If you are concerned that a conflict of interest caused you investment loss, we are here to fight for your rights. When you engage an investment advisor or a brokerage firm,...

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J.P. Morgan Sued for Edward Turley’s Alleged Misconduct

J.P. Morgan Securities, LLC (“J.P. Morgan”) employed San Francisco Financial Advisor Edward Turley (“Mr. Turley”) is being sued for his alleged stockbroker fraud and stockbroker misconduct involving a highly speculative trading investment strategy in highly leveraged margin accounts. We represent a family (the “Claimants”) in the Southwest who built a successful manufacturing business and entrusted their savings to J.P. Morgan and its financial advisor to manage by investing in “solid companies” and in a “careful” manner. At the outset, it is important for our readers to know that our clients’ allegations have not yet been proven. 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.

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Can an Oil Investment Fraud Lawyer Help Me Recover Losses?

Are You Dealing with Oil & Gas Investment Fraud? The Law Offices of Robert Wayne Pearce, P.A. are investigating claims against brokerage firms that sold either oil or gas stocks and other related products. Investments in the oil and gas sector have been very popular over the last few years, and depending upon when your financial advisor recommended you purchase and/or sell the investments, you may have suffered catastrophic losses.  These losses may have been the result of your financial advisors misrepresentations, omissions and misleading statements, failure to do his/her due diligence investigation, and/or unsuitable recommendations. If you believe you are dealing with oil investment fraud, now is the time to consider hiring an experienced investment fraud lawyer. The attorneys at The Law Offices of Robert Wayne Pearce, P.A. help oil and gas investors review their oil-related investments to determine if they have been the victim of oil investment fraud. Investors who have suffered large losses may be able recover some of their losses through FINRA arbitration against oil brokerage firms which improperly sold oil or oil futures contracts while withholding material information on the risks of investing in oil. Give us a call at 800-732-2889 or contact us online. Let’s discuss your case and see what we can do to help get you the compensation you deserve. What is Considered Oil & Gas Investment Fraud? Oil and gas investments take many different forms, including oil and gas stocks, oil and gas drilling programs, oil and gas limited partnerships, oil futures contracts, oil or gas royalty interests in wells which produce oil through a “fee title” arrangement. Fraudulent oil investment activity may fall into one of two categories: fraud by omission or fraud by commission. Fraud by omission occurs when the seller fails to disclose material information, while oil investment fraud by commission occurs when the seller provides false information to oil investors. Both forms of oil and gas investment fraud can occur at any point during oil or gas investments, including before an oil investor purchases oil stock; while oil stock is held; on the date of purchase; or after oil stocks are sold. The oil and gas industry is heavily regulated, and oil investments are subject to many federal securities laws. If oil brokerage firms fail to follow the law, oil investors may be able to recover damages for oil investment fraud by FINRA arbitration. This means that you only need help finding oil investment fraud cases where brokers failed to comply with federal securities laws or breached their fiduciary duty to oil investors. Investors should always consider oil and gas investments to be high risk due to the volatility in oil prices. Some oil stock brokers have been accused of selling oil stocks at inflated oil prices based on false information, while others may have failed to inform investors of risks associated with a particular oil or gas company. If a brokerage firm did not disclose the risks or oil prices to an oil and gas investor prior to a sale, the oil investment fraud lawyer at The Law Offices of Robert Wayne Pearce, P.A. can help investors recover losses from oil-related investments through FINRA arbitration. Some Oil & Gas Investment Fraud Allegations Include: – Misrepresentation of oil company facts made to oil and gas investors. – Failure to disclose oil stock risks prior to oil & gas investments. – Misleading oil companies by encouraging oil companies to change accounting methods in order to show higher oil reserves than actually exist. Give us a call at 800-732-2889 or contact The Law Offices of Robert Wayne Pearce, P.A. oil investment fraud law firm online to speak with oil investment fraud attorney Robert Wayne Pearce today about oil and gas stock investments, oil and gas limited partnerships, oil futures contracts and oil and gas drilling programs. Recovering Oil & Gas Investment Losses Through FINRA Arbitration If oil brokerage firms failed to disclose oil stock risks or oil prices prior to oil & gas investments, oil and gas investors may be able to recover oil-related losses by FINRA arbitration. FINRA, the acronym for Financial Industry Regulatory Authority, is a non-governmental regulatory association which governs disputes between investors and brokerage firms, including disputes on oil investment fraud allegations. You can learn more about the FINRA arbitration process here. File a Claim with FINRA The formal arbitration process for oil and gas, oil stock fraud cases begins with the filing of a statement of claim by you or your investment fraud attorney. The investor who files the FINRA claim against the brokerage firm is referred to as the “Claimant” in the FINRA arbitration proceedings. If you are an investor, the state of claim is the most important document in your case. This document describes what happened to cause you to lose capital in your oil & gas investment and why you or your FINRA arbitration attorney believes that you are entitled to win a monetary award or relief against the brokerage firm. IMPORTANT: It’s critical that you and/or your attorneys write a clear, concise, accurate, and honest description of what happened as well as a strong case in favor of winning the arbitration. You can learn more about how to file a FINRA complaint and the FINRA complaint process here. The oil fraud attorneys at the Law Offices of Robert Wayne Pearce, P.A. are experienced FINRA arbitration lawyers who have a thorough understanding of the arbitration process. We understand what’s at risk in securities, commodities, and investment law issues, and we fight to obtain the best possible outcome every time. Past Investor Recoveries The Law Offices of Robert Wayne Pearce, P.A., has helped recover millions of dollars in valuable compensation for defrauded investors. Below are some notable victories in past investor recoveries.  $21,041,285 FEDERAL COURT FINAL JUDGMENT In 2010, Robert Pearce won a case in federal court for $21,041,285. The final judgment was entered against the defendant for fraud, breach of fiduciary duty, and civil theft pursuant to Florida Statutes Sections 812.014 and 772.11. $7,840,000 FINRA ARBITRATION SETTLEMENT...

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Announcing 2021 Winner – Robert Wayne Pearce Investor Fraud Awareness Scholarship

As promised, today we are announcing the 2021 winners of the Robert Wayne Pearce Investor Fraud Awareness Scholarship. Over the course of the year, we received applications from over 30 students from schools around the country who all wrote quality essays about the dangers of investment fraud and how we can protect ourselves. It was a difficult decision to select just one student winner and so, in addition to the grand prize of $2,500, we have selected 5 other students who are being awarded consolation prizes of $100 each for their efforts and sharing their thoughts on investment fraud and how to protect ourselves. The winner of the $2500 scholarship is Karen Simpson, a student at Palm Beach State College, who wrote, among other things: Investment fraud is a very real and serious problem that happens more than you may realize. But it doesn’t have to scare you away from investing your money in fear of losing it. Learning about the different types of investment fraud and how to protect yourself from fraud, before you decide to invest, is extremely important! You could not only experience financial loss but suffer compromised identity, damaged credit, and emotional issues including rage, frustration, and fear. *** Knowledge is power, and so I also recommend you educate yourself by learning about general nature, mechanics and risks of different types of investments before you start investing. I find an excellent starting point to educate myself is Investopedia, www.investopedia.com. You can also find specific financial information, including, annual reports, prospectuses and offering circulars about companies recommended to compare what you were told about a recommended investment by searching the U. S. Securities and Exchange Commission Edgar website for information, www.sec.gov/edgar/search-and-access.  *** The easiest way to protect yourself is to use common sense, look for the red flags and ask questions. Follow a strict check list of do’s and do nots, if it sounds too good to be true, in most cases, it is. If you notice any red flags about an investment, avoid it, as well as the person making the recommendation. That “High Guaranteed Returns” pitch they love to give, don’t believe it. Every investment carries some degree of risk, which is generally reflected in the rate of return you are promised. The higher the return, the higher the risk! The winners of the $100 consolation prizes are as follows: India Bartram of the University of Syracuse, Syracuse, New York Jacob Paul of Villanova University –Charles Widger School of Law, Villanova, Pennsylvania  Kylie Fay of the University of South Alabama, Mobile, Alabama Natalia Capella of the University of Tennessee, Knoxville, Tennessee Rafael Whalen of John Paul The Great Catholic School, Escondido, California We thank all of the other applicants for their efforts, as well, and announce that the next scholarship to be awarded December 15, 2022 will be given to the student who writes the most thoughtful essay about whether they believe the Robinhood Markets, Inc. (“Robinhood”) Investment App is a good tool for novice investors or just game to take advantage of them and make money for the stock brokerage firm. We are interested in learning whether you think Robinhood platform is living up to the legend of Robinhood, who took from the rich and gave to the poor!

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