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J.P. Morgan Sued For Edward Turley’s Alleged Misconduct: $55 Million!

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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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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FINRA Statute of Limitations: A Complete Overview

The FINRA Statute of Limitations applies to claims and disputes that arise under the rules, regulations, or statutes administered by FINRA. Investment brokers have a duty to treat their clients honesty and with integrity. Those who take advantage of, mislead, or steal from their clients shake the investing industry’s foundation. Regrettably, broker misconduct occurs all too often.  You need representation from a FINRA arbitration attorney who has the knowledge, skill, and extensive experience to help you recover your losses if you are a victim of investment broker misconduct. Robert Wayne Pearce and his staff with The Law Offices of Robert Wayne Pearce, P.A., have over 40 years of experience fighting on behalf of investors victimized by broker misconduct. Contact us today to protect your rights.  Key Takeaways Investment brokers have a duty to their clients to be honest and act with integrity. FINRA is a non-profit corporation that works with the Securities and Exchange Commission to protect investors from brokerage firms’ wrongdoing. You need representation from a FINRA arbitration attorney who has the knowledge, skill, and extensive experience to help you recover your losses if you are a victim of investment broker misconduct. Investors aggrieved by their broker must understand that they do not have six years to file a court claim – in many instances, state statutes of limitations are much shorter than FINRA’s arbitration eligibility time frame. Filing your claim as soon as possible is the best way to protect your legal rights – if you suspect that you lost money in the market because of broker fraud, negligence, or misconduct. What Is FINRA? FINRA is an acronym for Financial Industry Regulatory Authority. FINRA is a self-regulating organization or SRO. As an SRO, FINRA is a non-profit corporation that works with the Securities and Exchange Commission to protect investors from brokerage firms’ wrongdoing.  FINRA offers professional examinations that certify applicants as investment brokers. It also provides continuing education programs to investment professionals to promote fairness and transparency in the securities markets.  FINRA has the authority to make rules and regulations that govern broker-investor relationships. It takes action to discipline brokers guilty of misconduct. Additionally, FINRA educates investors about their investment goals, strategies, and safe investing. What is the FINRA Statute of Limitations? FINRA’s procedural rules indicate that investors have six (6) years to file a claim for arbitration with FINRA. The six-year period starts when the event that gives rise to the legal claim occurred. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. Note: FINRA will dismiss any claim that FINRA decides missed the eligibility deadline. The arbitration panel will rule on eligibility if the parties disagree on whether the eligibility period elapsed. Do not delay filing. Speak with a FINRA lawyer about any questions about your arbitration claim. FINRA tolls, or stops, the eligibility period if the parties file the case in court. Moreover, FINRA’s procedural rules state that courts will toll the statute of limitations when the case remains in FINRA’s jurisdiction. Why Does FINRA Have a Statute of Limitations? There are a number of reasons why FINRA imposes a statute of limitations on investor claims. The first is to ensure that evidence related to the claim can still be reasonably obtained. This ensures that investors don’t wait until it’s too late to pursue their claim, and also protects brokerages from false or fraudulent accusations brought years after the events in question. In addition, FINRA’s statute of limitations helps to protect the integrity and reliability of its arbitration process. By ensuring that claims are brought within a reasonable timeframe, FINRA is able to accurately and fairly assess all evidence related to an investor claim in order to render an informed decision on their case. FINRA offers arbitration and mediation services to investors who file a complaint against their broker or brokerage firm. The victimized investor must file their claim with FINRA’s arbitration board within a specified period of time. The investor contemplating pursuing a legal cause of action for their losses should be aware of other deadlines that affect their claim. FINRA Statute of Limitations Concerns FINRA’s arbitration eligibility rules are distinct from federal or state statutes of limitations. Investors aggrieved by their broker must understand that they do not have six years to file a court claim. In many instances, the statutes of limitations are much shorter than FINRA’s arbitration eligibility time frame. Section 10(b) of the Securities and Exchange Act of 1934 and its regulations grant investors the right to sue their broker or advisor for fraud or any other unfair practice. Section 10b and its regulations found at 17 C.F.R. 240.10b-5 have a two-year statute of limitations.  Under these rules, the two-year statute of limitations starts when the investor discovers the fraud or no more than five years after the alleged fraud occurred. The time when the investor discovered the fraud is essential to understand. Otherwise, you might unwittingly allow the statute of limitations to run out before having the chance to file your claim. The statute of limitations starts when the investor knew or should have known about the fraud.  You must understand your investments and how they work so you can uncover evidence of fraud as soon as possible. If you are unsure if you are the victim of fraud, you must contact a knowledgeable and reputable securities attorney to protect your rights and investment. State Statutes of Limitations Some states will allow you to file a lawsuit in state court for a violation of state law. Filing in state court might be the better option for an aggrieved investor. Statutes of limitations for state law claims could be as short as two years.  How Long Do I Have to File a Claim Against My Broker? Filing your claim as soon as possible is the best way to protect your legal rights. Simply because FINRA agreed to arbitrate a claim within six years does not mean you should wait six years to file. Instead, you should be...

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What Is Financial Advisor Malpractice?

As an investor, you expect your financial advisor to properly manage your investment portfolio. Unfortunately, this is not always what happens. Financial advisors owe their clients certain obligations with respect to their investment accounts. Failure to adhere to these obligations can result in a claim for financial advisor malpractice. In certain circumstances, the financial fraud committed by your financial advisor will be obvious. For example, if your financial advisor forged your signature on a document, he or she clearly committed misconduct. However, most financial malpractice claims are not this straightforward.  The securities attorneys at The Law Offices of Robert Wayne Pearce, P.A., have helped hundreds of investors recover losses caused by financial advisor malpractice. Contact us today for a free consultation. What Is Financial Advisor Malpractice? Financial advisor malpractice is a term that refers to a financial advisor’s failure to satisfy the fiduciary standards and obligations that are in place to protect investors. As fiduciaries, financial advisors are legally bound to act in their clients’ best interests and not exploit them for personal gain. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. In some cases, financial advisor malpractice can be straightforward. Fabricating documents, forging a client’s signature, or lying to a client about the status of an investment are all examples of clear financial advisor malpractice. Other times, it can be more subtle and difficult to identify. As such, most investors become aware that they’ve been the victim of financial advisor malpractice only when their investments start to decline in value. This is often after it’s too late to recoup their losses, as the trusted advisor has already moved on to work with new clients who have yet to suffer the same fate. Note: If you believe you are a victim of financial advisor malpractice or investment fraud, the securities fraud lawyers at The Law Offices of Robert Wayne Pearce, P.A. can help. We have a history of successfully recovering financial losses for clients who have been hurt by unethical or fraudulent practices. Contact us today at (800) 732-2889 or fill out one of our short contact forms. What Are My Financial Advisor’s Obligations and Duties to Me?  Registered financial advisors must adhere to certain fiduciary duties, or obligations, with respect to their clients. Financial advisors who are not registered and are not making securities recommendations to retail customers still owe their clients certain obligations, but they are not as stringent as fiduciary duties. Fiduciary Duties Registered investment advisors are bound by fiduciary duties to their clients. The Investment Advisers Act of 1940 defines the role and responsibilities of investment advisors. At its core, the purpose of this act was to protect investors.  A financial advisor owes their client a duty of care and a duty of loyalty. The Securities and Exchange Commission (SEC) interprets these fiduciary duties to require a financial advisor to act in the best interest of their client at all times. The SEC provides additional guidance for each fiduciary duty specifically. The duty of care requires that an investment advisor provide investment advice in the client’s best interest, in consideration of the client’s financial goals. It also requires that a financial advisor provide advice and oversight to the client over the course of the relationship. The duty of loyalty requires an investment advisor to disclose any conflicts of interest that might affect his or her impartiality. It also means that the financial advisor is prohibited from subordinating his or her client’s interests to their own. Related Read: The Most Common Examples of Breach of Fiduciary Duty (And What to Do) The Suitability Rule Broker-dealers in the past were subject to less demanding obligations.  The Financial Industry Regulatory Authority (FINRA) regulates broker-dealers in the United States. FINRA previously imposed a suitability obligation on broker-dealers that only required them to make recommendations that were “suitable” for their clients.  Under the suitability rule, a broker-dealer could recommend an investment only if it was suitable for the client in terms of the client’s financial objectives, needs, and risk profile. Broker-dealers did not owe a duty of loyalty to their clients and did not have to disclose conflicts of interest.  Recently, however, FINRA amended its suitability rule. Regulation Best Interest FINRA recently amended its suitability rule to conform with SEC Regulation Best Interest (Reg. BI), making it clear that stockbrokers now uniformly owe certain heightened duties when making recommendations to retail customers.  As with fiduciary duties, under Reg. BI, all broker-dealers and their stockbrokers now owe the following duties:  Disclosure,  Care,  Conflicts, and  Compliance.  However, it’s important to remember that they owe these duties only when they make recommendations regarding a securities transaction or investment strategy involving securities to a retail customer.  While these changes are still new, one thing is certain—the Reg. BI standard is definitely a heightened standard compared with the previous suitability standard.  Forms of Financial Advisor Malpractice Investors usually hire financial advisors because they do not have experience in investing. With this lack of experience, how can an investor know when a financial advisor is committing malpractice? There are several ways financial advisors can commit financial malpractice. Lack of Diversity Financial advisors have a duty to ensure your investment portfolio is properly diversified to include a variety of investment assets. That may include a mixture of stocks, bonds, or mutual funds in multiple different sectors.  A portfolio that lacks diversification is likely to result in significant losses to the client in the event of a market downturn in a specific sector. If you believe your financial advisor failed to properly diversify your portfolio, contact a securities attorney today. The attorneys at The Law Offices of Robert Wayne Pearce, P.A., have significant experience handling these types of cases and will ensure the financial advisor responsible for your losses is held accountable.  Your Investments Are Unsuitable Every investor is unique. That means financial advisors must consider the specific goals and needs of each individual client before recommending investments. A financial advisor must consider a client’s risk...

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Can You Sue a Brokerage Firm for Investment Losses?

If you have experienced significant investment losses, you may be wondering if you can sue your brokerage firm. Can You Sue a Brokerage Firm? Yes, you can sue a brokerage firm to help recover any investment losses that you have suffered due to a broker’s negligence or fraud. Lawsuits are typically filed against brokerage firms rather than individual brokers because the firm is vicariously (automatically) liable for the actions of all their employees. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. In addition, brokerage firms are directly responsible for supervising its employees and ensuring that they are adhering to industry regulations and can be held liable for their supervisory failures. FINRA rules require a brokerage firm to establish policies and procedures that monitor brokers’ activities in order to avoid investor losses and investment fraud. As such, if the brokerage firm has failed to supervise its employees properly and this has led to your investment losses, you may have a claim against the firm. IMPORTANT: Filing a successful lawsuit against a brokerage firm is a complex undertaking. You will need to prove that the firm did not properly supervise its employees and that this failure led to your investment losses. If you decide to pursue legal action, it is important to consult with an experienced securities lawyer who can help you navigate the process and build a strong case against the firm. When Can a Brokerage Firm be Held Liable for Investment Losses? Despite having issues with an individual broker, many investors are surprised to learn that lawsuits against an individual are actually quite rare. The vast majority of lawsuits that are filed in connection with investment losses are brought against the brokerage firm that employed the broker. A brokerage firm is required to properly supervise its employees and to ensure that they are adhering to FINRA rules and regulations. If the firm fails to do so and this results in investors suffering losses, the firm can be held liable. It’s unfortunately common for independent brokerage firms to hire under-qualified brokers with little to no experience in the industry. These brokers are often given very little training and are left to their own devices when it comes to handling clients’ investments. As a result, these inexperienced brokers can make serious mistakes that cost investors a lot of money. Due to the fact that brokerage firms are required to properly supervise their employees, the liability for investment losses often falls on the brokerage firm that hired the broker rather than the individual broker him or herself. In addition, under Section 20(a) of the Securities and Exchange Act, a brokerage firm can be held liable for the negligence of its individual brokers and advisors. In essence, the law tends to hold the brokerage firm liable for the misconduct of its employees unless the brokerage firm acted in good faith and did not indirectly cause the misconduct which has resulted in the investors’ losses. Note: The process of establishing liability against a brokerage firm is complex and it can be difficult to prove that the firm is responsible for your investment losses. It is in the best interest of the brokerage firm to avoid liability, so they will likely have a team of lawyers working to protect them. As such, if you decide to pursue legal action against a brokerage firm, it is important to consult with an experienced securities lawyer who can help you navigate the process and build a strong case against the firm. The Law Offices of Robert Wayne Pearce P.A. has over 40 years of experience representing those who have been wronged by a fiduciary and have recovered over $170 million in investment losses for our clients. If you believe that you have been the victim of broker or brokerage firm misconduct, we can help. Contact us today for a free consultation. When Does the Liability Fall on the Individual Broker? There are many circumstances where the liability for investment losses may fall on the individual broker. For example, if a broker makes material misstatements or omissions about an investment, the broker can be held liable for any losses that result from those misrepresentations. Additionally, if a broker engages in fraudulent or illegal activity, the broker can be held liable for any losses that occur. All brokers and financial advisors are required to adhere to a strict code of ethics and owe their clients a fiduciary duty. A fiduciary duty is a legal obligation to act in the best interest of the client. If a broker breaches this duty and causes the client to lose money, the broker can be held liable. There are a wide variety of circumstances where a broker may breach their fiduciary duty to a client. For a more complete discussion on when the liability for investment losses falls on the individual broker, please see our article on “How to Sue a Financial Advisor or Stockbroker Over Investment Losses.” Have You Suffered Investment Losses? Take Legal Action Today. If you have suffered investment losses, you may be able to take legal action against the brokerage firm or individual broker responsible for your losses. The first step is to consult with an experienced securities lawyer to discuss your case and determine what legal options are available to you. The Law Offices of Robert Wayne Pearce P.A. has over 40 years of experience representing those who have been wronged by a fiduciary and have recovered over $170 million in investment losses for our clients. If you believe that you have been the victim of broker or brokerage firm misconduct, we can help. Contact us today for a free consultation.

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What to Do When a Financial Advisor Steals Money From You

Financial advisors are highly trusted professionals who help make decisions that impact your economic future. When that trust is broken through a bad or negligent act, the investor suffers and the financial advisor must be held accountable. When you’re looking at your investment losses, in the worst-case scenario, you may be asking yourself if a financial advisor can steal your money. Can Financial Advisors Steal Your Money? Yes, an unethical financial advisor can be in a position to steal money from you, especially if you have given them direct access to your money. Because of this, a vast majority of reputable financial advisors never take ownership of your money to protect your best financial interests. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. It is recommended that you always keep control over your investments and never give any financial advisor full discretion over your accounts. Giving an advisor direct access allows them to steal money with ease. Avoid doing so unless you’re 100% confident in the individual you’re dealing with. Note: If you believe your financial advisor stole your money, there are several options for you to recover. We recommend speaking with an experienced investment fraud lawyer to learn more about your rights and how you may recover your losses. The Fiduciary Duty of a Financial Advisor All financial advisors are held to a standard of care when dealing with investors. Registered financial advisors have a higher fiduciary duty to their clients under the Investment Advisers Act of 1940. This is the highest legal standard of care and requires financial advisors to act in the best interest of their clients, make suitable investments, and disclose relevant information to you.  Knowing whether your financial advisor is registered with the U.S. Securities and Exchange Commission (SEC) or a state securities regulator is important because if the advisor breaches the fiduciary duty, you can bring a claim against the financial advisor through the Financial Industry Regulatory Authority (FINRA). FINRA is the governing organization that creates and enforces rules for advisors and their firms and assists in resolving disputes between advisors and investors.  Do You Have a Claim? If your financial advisor outright stole money from your account, this is theft. These cases involve an intentional act by your financial advisor, such as transferring money out of your account. However, your financial advisor could also be stealing from you if their actions or failure to act causes you financial loss.   Losing money through investment is not enough to bring a claim against your financial advisor. Remember, there is no guarantee of return when investing. Even if your financial advisor made the recommendation, under federal securities law and FINRA regulations, you cannot hold your advisor liable simply because they lost you money. You need a viable cause of action, such as a breach of fiduciary duty, negligence, or malpractice. Types of Claims Against Your Financial Advisor  Understanding securities law and FINRA regulations are crucial to know whether you have a valid claim against your financial advisor. The investment loss recovery attorneys at The Law Offices of Robert Wayne Pearce P.A. have over 40 years of experience in securities and investment law. They have helped countless investors recover their financial losses caused by bad or negligent acts by their financial advisors. The Law Offices of Robert Wayne Pearce P.A. have handled hundreds of cases involving many types of misconduct by financial advisors. Negligence In a negligence claim, you do not need to show that the financial advisor intentionally acted in a harmful way, but rather that the advisor failed to do something they had an obligation to do and caused the economic loss. For example, your advisor may have made an unsuitable investment by failing to take into consideration your risk tolerance. If you lost money based on the recommended investment, it may be appropriate to file a claim for negligence against your financial advisor.  Breach of Fiduciary Duty A financial advisor who breaches his fiduciary duty has failed to meet the required standard of care. You may have a valid claim for breach of fiduciary duty if your advisor failed to execute your stated objectives or did not disclose information about a product. Other examples of breaching the fiduciary duty include: In each of these instances, the financial advisor did not act in your best interest.  Failure to Supervise A brokerage firm is responsible for supervising the actions of its financial advisors and any other employees. If the firm fails to do this, it can be held liable for your financial losses.  What You Can Do There are several stages of resolution to recover your financial losses. Depending on the facts of your case, you may be able to resolve it and recover without any formal proceedings, or you may have to litigate. The attorneys at The Law Offices of Robert Wayne Pearce P.A. have helped investors in all stages and have successfully recovered over $170 million in losses for our clients.  Review Customer Agreement If you believe your financial advisor stole money from you, either directly or indirectly through losses in your account, you should first review your customer agreement. Understand what sort of authority you gave your financial advisor and if there is a mandatory arbitration clause. This clause is common in most customer agreements with brokerage firms. These clauses often state that you waive your right to file a lawsuit against your advisor and agree to engage in a FINRA arbitration proceeding instead.  Informal Dispute Resolution Claims against financial advisors are incredibly complex legal matters. There are informal options available, however. Even at this stage, you should contact an investor loss recovery attorney for assistance. FINRA, which regulates the investment industry, instructs investors to first pursue informal dispute resolutions before filing a claim against their financial advisor.  Depending on the severity of the financial advisor’s misconduct, you may be able to resolve the matter directly with your advisor or the firm’s compliance department. If this is not suitable...

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Can a Broker Sell My Stocks Without My Permission?

You looked into your investment account and discovered that a number of your shares had been sold without your permission. You didn’t give the go-ahead, so you’re understandably confused, frustrated, and angry. What do you do now? First, you need to determine who sold your stocks. If it was your broker, you may be finding yourself asking whether or not your broker can sell stocks without your permission. Can my broker sell my stocks without permission? Your broker cannot sell stocks without your permission, unless you have given written authorization to do so. This is called unauthorized trading and not permitted under securities industry rules. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. However, while the appropriate authorization must always be obtained, a broker does not necessarily need to obtain express permission for every transaction. In this article we will review the two circumstances in which a broker may sell securities without prior notice to or consent from the client. Note: If you believe you have suffered losses on your investment as a result of unauthorized trading, you should speak to a stockbroker fraud attorney about your legal rights. Is Your Investment Account a Discretionary Account? The first instance when a broker may sell stocks without your permission is if they are trading in a discretionary account. A discretionary account is one in which the broker has the authority to make investment decisions on behalf of the client, without prior approval from the client. If you are unsure whether or not you have a discretionary account, you learn about the difference between a non-discretionary and discretionary account here. In order for a broker to sell stocks in a discretionary account, they must have what is called “discretion.” This means that the broker must have reasonable grounds to believe that the sale is in the best interests of the client. The key word in this definition is “reasonable.” This means that a broker cannot simply sell stocks without your permission because they feel like it. There must be a reason for the sale, such as an expectation of a market decline or other adverse event that could impact the value of the security. If you do not agree with a decision made by your broker in a discretionary account, you have the right to object and have the decision reviewed by a supervisor. Is There a Margin Call on Your Account? The second instance when a broker may sell stocks without your permission is in response to a margin call. A margin call is when the broker demands that the client deposit additional funds or securities to cover the cost of the stock purchased on margin. Technically, you probably gave him permission when you opened your margin account. If you do not meet the margin call, the broker has the right to sell the securities to cover the margin debt. This is done in order to protect the interests of the broker and the securities lending institution. Trading on a margin account is a risky investment and can result in substantial losses. For this reason, it is important to understand the risks before opening a margin account. You can learn more about margin trading on FINRA’s website. Get a Second Opinion: Contact a Stockbroker Fraud Lawyer Today If you have discovered that your broker sold stocks without your permission, you may be feeling overwhelmed and confused. You may be wondering what your legal rights are and whether or not you can take action. The best way to determine your legal rights and options is to speak with a stockbroker fraud lawyer. The Law Offices of Robert Wayne Pearce, P.A. specializes in representing investors who have suffered losses as a result of investment fraud. We offer free, no-obligation consultations so you can learn more about your legal rights and options. Call us today at (800) 732-2889 to speak with an stockbroker fraud lawyer.

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Options Trading vs. Margin Trading: The Risks & Benefits of Both

When it comes to trading stocks and other securities, there are a few different approaches that investors can take. Two of the most popular methods are options trading and margin trading. Both of these strategies can be profitable, but they each come with their own set of risks and rewards. In this article, we’ll break down the key differences between options trading and margin trading. As an investor it is important to understand the risks and benefits of each before deciding if either of these investment strategies is right for you. What is the difference between options trading and margin trading? Margin trading offers investors a way to control a larger number of shares than they could with just their own money with the added risk that losses could be amplified. Options trading, on the other hand, provides investors to buy or sell securities at a later date for a set price and is considered to be low risk and low returns. Need Legal Help? Let’s talk. or, give us a ring at 561-338-0037. Note: Trading on a margin is considered a risky investment strategy. If you have lost money due to an advisor or broker who has unsuitably recommended margin trading, you should speak to an experienced investment fraud lawyer to discuss your legal options. What is Options Trading? Options trading is a type of investing where you trade contracts that give you the right, but not the obligation, to buy or sell an asset at a set price on or before a certain date. Options are typically used as a way to hedge against other investments, or to speculate on the future price of an asset. When you buy an option, you have the right to buy or sell the underlying asset at a set price. If the price of the asset goes up, you can make a profit by selling it at the higher price. If the price goes down, you simply don’t exercise your option and don’t incur any loss. There are two types of options: call options and put options. What is a call option in stocks? A call option is a contract that gives you the right to buy an security at a set price within a certain time frame. The price you will pay for the security is called the strike price. The time frame in which you can buy the security is called the expiration date. If the stock price is above the strike price when the expiration date arrives, you will exercise your option and buy the stock at the strike price. If the stock price is below the strike price, you will let the option expire and not incur any loss. What is a put option in stocks? A put option is a contract that gives you the right to sell an security at a set price within a certain time frame. If the stock price is below the strike price when the expiration date arrives, you will exercise your option and sell the stock at the strike price. If the stock price is above the strike price, you will let the option expire and not incur any loss. What are the benefits of options trading? Options trading is a relatively low-risk way to invest in stocks and other securities. Because you are not obligated to buy or sell the underlying asset, you can simply let the option expire if it is not profitable. Options trading can also be used to generate income through premiums. When you sell an option, you collect a premium from the buyer. If the option expires without being exercised, you keep the premium as profit. What are the risks of options trading? The biggest risk of options trading is that you may not correctly predict the future price of an asset. If you buy a call option and the price of the underlying asset goes down, you will lose money. If you buy a put option and the price of the underlying asset goes up, you will also lose money. In order to make money from options trading, you must correctly predict which direction the price of an asset will move. Can you sue your broker for options trading losses? Yes, you can sue your broker for options trading losses. However, it is important to understand that your broker is not obligated to make money for you. They are only required to provide you with the resources and information necessary to make informed investment decisions. If you lose money due to bad investment decisions, you cannot sue your broker. What is Margin Trading? Margin trading is when you buy or sell stocks (or other types of securities) with borrowed money. This is also sometimes called “trading on margin.” The money you borrow is called a margin loan. This means you will be going into debt in order to make an investment. Typically the loan comes from your broker, and you will repay it with interest at a later date. Buying on a margin may have a lot of appeal compared to using your own money, but it is very important to understand the risks before you do it. Margin trading is a form of leverage. Leverage is when you use something (in this case, money) to control a much larger amount of something else. Note: If the investment doesn’t make money, you will have to pay back the loan with interest regardless. This means that the investment losses can be much greater than if you had just used your own money. What are the risks of margin trading? The biggest risk of margin trading is that you may lose more money than you originally invested. When investors trading on a margin and they experience losses, they may be required to pay back more money than they originally borrowed (Margin Call). A margin call is when your broker asks you to add more money to your account because the value of your securities has fallen. If you cannot afford to pay the...

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What is Forced Liquidation?

If you find yourself reading this article, it’s likely because you’re going through a forced liquidation. Forced liquidation, sometimes referred to as forced selling, is the process by which an investor is forced to sell their assets, typically by a broker or financial advisor, in order to meet margin calls or repay debts. In this guide we will go over what forced liquidation is, how it works, and what you can do if you find yourself in this situation. What is Forced Liquidation? Forced liquidation, also known as forced selling, occurs when an investor is forced to sell their assets or securities, typically by a broker or financial advisor, in order to repay debts or meet margin calls. Investment Losses? Let’s talk. or, give us a ring at 561-338-0037. The term “forced liquidation” usually refers to the involuntary sale of assets, but it can also refer to the situation where an investor is given a choice between selling their assets or having them sold by the broker. Forced liquidation often happens when an investor has been unable to meet a margin call or has failed to repay debts. When this occurs, the broker or exchange will take possession of the assets and sell them in order to recoup the money that is owed. How Forced Liquidation Works If you find yourself in a forced liquidation situation, it’s likely because you have failed to meet a margin call or have been unable to repay debts. When this occurs, the broker or exchange will take possession of the assets and sell them in order to recoup the money that is owed. In most cases, the assets are sold at a loss, which can be significant. Forced Selling within a Margin Account If you have a margin account, your broker may force you to sell your securities if the value of your account falls below the minimum required amount. Within a margin trading account, this is known as a margin call. Your broker or advisor will typically give you a set period of time to bring your account up to the minimum value, and if you are unable to do so, they will sell your securities to repay the debt. It’s important to note that you may not be able to control which securities are sold, and you may not be able to get the same price for them that you paid when you purchased them. Forced Selling within a Securities-Backed Lines of Credit If you have a securities-backed line of credit (“SBL”), your broker or financial advisor may force you to sell your securities if the value of your account falls below the minimum required amount. Your broker or advisor will typically give you a set period of time to bring your account up to the minimum value, and if you are unable to do so, they will sell your securities to repay the debt. It’s important to note that you may not be able to control which securities are sold, and you may not be able to get the same price for them that you paid when you purchased them. What is margin call? A margin call is a demand from a broker or exchange for an investor to deposit more money or securities into their account. Margin calls are typically made when the value of the securities in an account falls below a certain level, known as the margin requirements. If an investor fails to meet a margin call within the grace period, the broker or exchange has the right to sell the securities in the account in order to cover the shortfall. Can a Broker Liquidate an Investor’s Account without Notice? Some investors learned the hard way the true meaning of “forced liquidation” when their brokers sold their securities without much warning in order to meet margin calls. In most cases, brokers will give investors a grace period to meet margin calls, and they are not required to sell the securities in an account without notice. There can be cases where a broker may sell securities without notice (a “Blow-Out), with the investor suffering substantial investment loss, this is typically only done in the most extreme cases where there is a fear of an imminent market crash and the broker wants to protect their own interests. We have heard from many investors that when they complained to their respective brokerage firms, they were told that they signed contracts that allowed the broker-dealers to do exactly what they did to them and that they had no recourse. Without doubt, contracts with those onerous contract conditions were signed, but that does not mean that the terms of the contract are enforceable. Can You Take Legal Action After a Forced Liquidation? If you have been the victim of a forced liquidation, there may be legal action that can be taken against a broker-dealer for breach of fiduciary duty and other causes of action. You may not have recourse for the issuance of margin calls and/or forced liquidations of all or some of your securities on short notice or no notice at all, but that doesn’t mean that the broker-dealer did nothing wrong. IMPORTANT: The most important question to ask is: what happened when the securities-backed line of credit and/or margin accounts were recommended by your broker or financial advisor to be opened in the first place. Depending on the situation that led to you opening up your securities-backed line of credit and/or margin accounts, you may have legal action you can take to help recover your investment losses. In some cases, the recommendation to open the account may have been unsuitable for you. In other words, if your broker or financial advisor recommended that you open an account that was too risky for you given your investment profile, then they may be held responsible for the losses that you incurred as a result of the forced liquidation. We’ve Helped Investors Who’ve Suffered Losses Due to Forced Liquidation The securities fraud attorneys at the Law Offices of Robert Wayne...

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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: 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: 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: They are not suitable investments if you are someone who: Have You Suffered Structured Note Investment Losses? Unfortunately, the lure of higher commissions have in recent years provided added incentives to stockbrokers to recommend structured notes to investors, including those for whom they were inappropriate, too risky, or never in alignment with their investment goals, including, the following types of structured notes: It’s a shock to many investors who sought to avoid market volatility by investing in structured notes. Many who thought they would receive a steady stream of income and guaranteed return of principal have suffered sharp and unexpected losses in structured notes with “reference assets” like Peloton, ARK, Alibaba, Meta(Facebook), Zillow, Yeti, etc. Depending on the other features of those structured notes, the loss of income and principal could be realized permanently. How Can I Recover My Structured Note Investment Losses? There is no way you will recover your structured note investment losses without some legal action. At The Law Offices of Robert Wayne Pearce, P.A., we represent investors in all kinds of structured note investment disputes in FINRA arbitration and mediation proceedings. The claims we file are for fraud and misrepresentation, breach of fiduciary duty, failure to supervise, and unsuitable recommendations in violation of FINRA rules and industry standards. Attorney Pearce and his staff represent investors across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. CONTACT US FOR A FREE INITIAL CONSULTATION  The Law Offices of Robert Wayne Pearce, P.A. have highly experienced investment fraud lawyers who have successfully handled many structured note cases and other securities law matters and investment disputes in FINRA arbitration proceedings, and who work tirelessly to secure the best possible result for you and your case. For dedicated representation by an attorney with over 40 years of experience and success in structured product cases and all kinds of securities law and investment disputes, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

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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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