New Mexico investment fraud attorney Robert Wayne Pearce at the Law Offices of Robert ayne Pearce P.A., have extensive experience representing investors and organizations in securities arbitrations through FINRA in the State of New Mexico.
Have you fallen victim to investment fraud? Are you looking for an experienced attorney to help you fight for the compensation you deserve?
You need an investment fraud lawyer who is dedicated to protecting your rights as a New Mexico-based investor.
We understand the frustration and stress that comes with being a victim of investment fraud, and we are here to help you navigate the legal process and hold those responsible accountable.
Since 1980, we have been devoted to helping investors and have successfully recovered over $170 million in settlements and verdicts on their behalf. View client testimonials here. We have experience handling all types of securities fraud cases and utilize all available legal avenues from the federal level to New Mexico law as it applies to investment fraud cases. Don’t let investment fraud ruin your financial future – contact the Law Offices of Robert Wayne Pearce, P.A. today via our quick-response form, or call (800) 732-2889.
Definition of Investment Fraud and Securities Fraud
Investment fraud is a term sometimes used interchangeably with securities fraud, and it involves using deceptive practices, including false or misleading information, to manipulate investors into making investment decisions that result in substantial losses. Dishonest brokers may even resort to outright theft of investor’s funds or securities.
All forms of investment fraud aim to deceive investors into taking actions that benefit the perpetrator financially. This may include schemes like Ponzi schemes, pump-and-dump schemes, or the sale of unregistered securities. Securities fraud is an illegal or unethical activity punishable by law.
“Did you know that in the first quarter of 2023, The FTC has reported nearly 50,000 individual cases of investor fraud with an estimated $1.9 Billion in total losses?”
Brokers, broker-dealers, and investment advisers often sell new and exotic investment products to earn high commissions and profits, regardless of whether their clients are prepared to handle potential losses. These complex investment products and strategies, which are suitable only for a small portion of investors willing to take significant risks, are sometimes used to obscure excessive trading and risk within accounts.
Example Scenario: A broker convinces an investor to allocate a substantial part of their retirement funds to a high-risk, illiquid asset. The broker minimizes the associated risks and exaggerates the potential gains, urging the investor to decide swiftly. This investment eventually collapses, resulting in major financial losses for the investor.
When you initially enlisted the services of your broker-dealer, you probably expected them to prioritize your interests. Sadly, numerous brokers and financial advisors fail to meet their fiduciary responsibilities or even engage in outright securities fraud. They may deceive you about investment opportunities, hide associated risks, excessively trade (known as churning) to earn commissions, or impose hidden fees that overcharge you.
Investment Losses? We Can Help
Discuss your legal options with an attorney at The Law Offices of Robert Wayne Pearce, P.A.
or, give us a ring at (800) 732-2889.
New Mexico and Federal Laws That Protect Investors
New Mexico investors benefit from a robust framework of protections designed to ensure fair and transparent markets. These safeguards include:
- Key Laws and Regulations
- New Mexico Uniform Securities Act: The cornerstone of New Mexico investor protection, this law combats fraud, mandates the registration of most securities, and provides avenues for investors to seek recourse if they’ve been misled.
- The New Mexico Business Corporation Act: This outlines shareholder rights and the responsibilities of company leaders, aiming to ensure that corporations act in the shareholders’ best interests.
- The New Mexico Unfair Trade Practices Act: This broad law empowers investors to take action against unfair or deceptive investment practices.
- Governing Agencies
- New Mexico Securities Division: This agency is the primary watchdog for the New Mexico securities industry. They register offerings, license brokers, investigate misconduct, and educate investors about their rights.
- Office of the New Mexico Attorney General (Consumer Protection Division): Focused on consumer protection, this office can intervene in cases of investment fraud or other deceptive practices that harm New Mexico investors.
- National Regulatory Bodies
- FINRA (Financial Industry Regulatory Authority): FINRA oversees all broker-dealers in the US, setting ethical standards, enforcing securities laws, and providing investor education resources. They work alongside the SEC (Securities and Exchange Commission) for broad investor protection.
Useful Resources
- New Mexico Securities Division: https://www.rld.nm.gov/securities-division/
- Office of the New Mexico Attorney General, Consumer Protection Division: https://www.ojp.gov/ncjrs/virtual-library/abstracts/consumer-protection-new-mexico-guide-consumer-and-economic-crimes
- FINRA: https://www.finra.org/
- SEC – https://www.sec.gov/
How our New Mexico Securities Law Attorneys Can Help You
Certainly, experiencing losses is a natural aspect of investing, but when brokers engage in fraudulent activities, they may be held legally accountable. If you suspect you’ve fallen prey to investment fraud, it’s crucial to consult with a lawyer specializing in investment fraud cases. Additionally, it might be necessary to report the situation to regulatory authorities such as the SEC or FINRA, especially if there’s a possibility of market manipulation or insider trading.
The sooner you act, the greater your chances of recovering compensation. At the Law Offices of Robert Wayne Pearce, P.A., we have helped countless investors recover their losses due to investment fraud. We will thoroughly investigate your case, uncovering any misrepresentation or fraudulent activity, and fight to get you justice and the compensation you deserve.
If you have lost money due to negligence or fraud by a stockbroker or advisor, the easiest way to know if you have a case is to call our office at 800-732-2889. Here’s how our knowledgeable and experienced investment fraud law firm can advocate for you:
- Represent & Advise: We’ll stand as your legal representative, advising you on your rights and options throughout the process.
- Investigate & Analyze: We’ll thoroughly investigate your case, meticulously analyzing financial documents and potential fraudulent schemes to uncover evidence of wrongdoing.
- Identify Liable Parties: We’ll work strategically to identify all potentially liable parties, including brokers, financial advisors, and financial institutions.
- File Complaints & Lawsuits: We’ll file formal complaints with regulatory agencies (such as the SEC or FINRA) and, when necessary, initiate lawsuits to protect your interests.
- Litigate & Negotiate: We are skilled litigators ready to fight aggressively for you in court or arbitration. Additionally, we’ll negotiate tirelessly to secure the most favorable settlement possible.
- Recover Losses: Our ultimate goal is to recover your financial losses and protect you from further harm. We are results-driven and committed to achieving the maximum financial recovery you deserve.
Can I Recover my Investment Losses?
In order to recover your investment losses, you must prove that your broker-dealer or financial advisor violated the New Mexico Securities Act, breached their fiduciary duty to you as an investor, acted negligently or breached their customer agreement to follow FINRA Conduct rules.
In most cases, this means filing a FINRA arbitration claim against the broker-dealer and/or representative.
The majority of securities fraud cases are handled by FINRA (Financial Industry Regulatory Authority) rather than being brought to the court system.
FINRA arbitration is a streamlined, cost-effective way to resolve disputes between investors and their brokers without going to court – it also allows you to collect punitive damages, which are not available in civil court.
As an investor, you have certain rights that must be respected and protected.
We’re currently investigating several financial firms and stockbrokers who may have been the subject of customer complaints, may be facing legal action, and who may have acted unethically and committed fraud in New Mexico, including:
- https://www.secatty.com/investigations/ketan-patel-allstate-financial-services/
- https://www.secatty.com/investigations/roman-anaya-edward-jones/
- https://www.secatty.com/investigations/thomas-parr-morgan-stanley/
- https://www.secatty.com/investigations/matthew-gurule-fbl-marketing-services-2/
- https://www.secatty.com/investigations/daniel-kratish-morgan-stanley/
- https://www.secatty.com/investigations/colby-king-wells-fargo-clearing-services/
- https://www.secatty.com/investigations/elise-davis-morgan-stanley/
- https://www.secatty.com/investigations/john-doiron-cabot-lodge-securities-2/
- https://www.secatty.com/investigations/austin-wetsch-merrill-lynch-pierce-fenner-smith/
- https://www.secatty.com/investigations/marcus-parker-wells-fargo-clearing-services/
- https://www.secatty.com/investigations/mark-richards-madison-avenue-securities/
- https://www.secatty.com/investigations/thomas-laws-hd-vest-investment-services/
- https://www.secatty.com/investigations/michael-kiefer-royal-alliance-associates/
- https://www.secatty.com/investigations/adam-tafoya-first-heartland-capital/
- https://www.secatty.com/investigations/michelle-parker-wells-fargo-clearing-services/
- https://www.secatty.com/investigations/mark-napolin-royal-alliance-associates/
- https://www.secatty.com/investigations/ryan-mummert-morgan-stanley/
- https://www.secatty.com/investigations/cynthia-nagel-waddell-reed/
- https://www.secatty.com/investigations/joseph-bergamo-ubs-financial-services/
- https://www.secatty.com/investigations/david-gwynn-h-beck-inc/
- https://www.secatty.com/investigations/arthur-caruso-morgan-stanley/
- https://www.secatty.com/investigations/ian-baker-lpl-financial/
- https://www.secatty.com/investigations/sanford-rosenberg-axa-advisors/
- https://www.secatty.com/investigations/keith-medeck-arete-wealth-management/
- https://www.secatty.com/investigations/roderick-rodriguez-infinex-investments/
Some of our Lawyer’s Success Stories Include:
FEDERAL COURT FINAL JUDGMENT $21,041,285
Case No. 1:10-cv-21444-KMM
College Health and Investment, Ltd. v Esther Spero
This Final Judgment was entered against the defendant for fraud, breach of fiduciary duty, and civil theft pursuant to Sections 812.014 and 772.11, Florida statutes.
FINRA ARBITRATION SETTLEMENT $8,214,596
Our firm recently settled a FINRA Arbitration case involving investors who accused their financial advisor of misrepresenting and failing to disclose the risks associated with a highly leveraged credit spread strategy. Furthermore, the clients claimed that the advisor, who was affiliated with a major investment bank, inappropriately invested all their assets in this unsuitable strategy. In March 2020, the account was excessively leveraged, leading to significant forced liquidations of securities at extremely low prices to meet margin calls. The case was settled before the arbitration hearing scheduled for January 2022.
FLORIDA STATE COURT SETTLEMENT $3,500,000
This $3.5 million settlement was in a state court action filed by Mr. Pearce on behalf of a trust for an elderly widow against one of the largest corporate trustees in the country. The corporate trustee allegedly failed to diversify a concentrated portfolio in a single stock during a financial market meltdown. The case was settled for substantially all of the widow’s losses she was entitled to within the short six-month statutory window for bringing a claim against trustees.
Did You Know . . . Investment Fraud Attorney Robert Pearce Has Single-Handedly Collected Over $170 Million On Behalf of His Clients
In the last 20 years alone, Robert Pearce has recovered over $170 million for his investor clients. In fact, he has recovered funds for over 99% of his investor clients through various avenues of recovery, including settlements, arbitrations, and court litigation.
No investment fraud firm can ever guarantee the same or similar results in any given case. However, when you hire the Law Offices of Robert Wayne Pearce, P.A., you can sleep well knowing you are in qualified and capable hands. Attorney Robert Pearce has represented hundreds of investors over his 40 year career and in the last 20 years alone recovered over $170 million for his investor clients.
Robert Pearce will fight for your rights day in and day out to get you the recovery you are entitled to.
What Can an Investment Fraud Lawyer Do for Investors?
What Can an Investment Fraud Lawyer Do for Investors?
An investment fraud lawyer helps investors recover investment losses that they lost due to a financial advisor or broker who did not act in their best interest. Typically, the lawyer will help the investor recover their losses through a process called FINRA arbitration.
Investment Losses? Let’s talk.or, give us a ring at 800-732-2889.
Client Testimonials
What is the Cost to Hire a Securities Attorney?
An initial consultation with a securities attorney is typically free. During this consultation, the lawyer will review your case and give you an estimate of the legal fees. If you decide to move forward with the case, you will typically be asked to sign a contingency fee agreement.
A contingency fee agreement means that you will only have to pay the lawyer if he or she is successful in recovering money on your behalf. If the lawyer is not successful, you will not owe any legal fees.
What Are the Statute of Limitations?
In investment fraud cases, acting swiftly is crucial due to the statutes of limitations imposed by both New Mexico and federal laws, which dictate the deadlines for initiating legal actions. In New Mexico, the time limit for filing securities fraud claims aligns with the federal statute, which is five years from the date of the violation or two years from when the fraud should have been discovered. It’s essential to consult with an attorney promptly to make sure your claim is filed within these legal time frames.
Types of Investment and Securities Fraud Cases We Can Help Represent You With
There are a variety of investment fraud tactics that unscrupulous brokers and advisors may use.
Our firm has represented investors who have fallen victim to a wide range of investment fraud tactics, including:
- Unsuitable Investments: Recommendations not aligned with the investor’s needs.
- Forced liquidation (forced selling): Broker sold without warning client or advising on margin calls.
- Ponzi Scheme Fraud: Fraudulent investment operation promising high returns.
- Excessive Trading (Churning): Excessive transactions to generate advisor commissions.
- Misrepresentation & Omission: Deceptive or misleading information about investments.
- Breach of Fiduciary Duty: Prioritizing advisor interests over the client’s best interests.
- Unauthorized Trading: Executing trades without client permission.
- Failure to Supervise: Brokerage firms not adequately monitoring advisors.
- Overconcentration or lack of diversification: Holding too much of a single investment, increasing risk.
- Theft or Misappropriation of client funds: Brokers stealing money for their own personal use.
- Mutual Fund Sales Violations: Recommending unsuitable mutual funds or excessive switching.
- Excessive Markups/Markdowns: Inflated prices when buying/selling securities.
- Selling Away: The advisor sells unapproved investments outside the firm.
- Broker & Advisor Negligence: Failure to adhere to industry standards.
- Margin Abuse: Encouraging excessive margin use, leading to high risks.
- Conflicts of Interest: Prioritizing advisor/firm profits over client interests.
- Private Placements: Selling risky, non-registered securities.
- Cryptocurrency Fraud: Deceitful schemes related to digital currencies.
- 401(k) Plan Misconduct: Fiduciary breaches affecting retirement plans.
- Microcap Fraud: Manipulation of stocks of small companies.
- Mining and Mineral Investment Fraud: Schemes involving fictitious investments in mining or minerals.
- EB-5 Immigrant Investor Program Fraud: Scams related to obtaining visas through investment.
- Advance Fee Schemes: Asking for upfront fees in exchange for non-existent investments.
- Including many more that we can’t fit on this list
Contact a New Mexico Securities and Investment Fraud Attorney Today
The Law Offices of Robert Wayne Pearce, P.A., is a law firm specializing in representing defrauded investors recover. New Mexico investment fraud lawyer Robert Wayne Pearce specializes in getting individuals their money back from bad investments using any and all available methods.
If you are an investor who has recently dealt with investment loss due to potential securities or investment fraud, we want to help.
If you have questions about how to move forward, contact our team online or by phone at 561-338-0037 for a free confidential consultation with a New Mexico securities lawyer. We will fight aggressively for your financial recovery and for justice.
Our law firm works with clients in Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Clovis, Hobbs, Alamogordo, Carlsbad, New Mexico and throughout the state. Robert Wayne Pearce has decades of first-hand experience in FINRA securities arbitration, and is one of the preeminent experts in this matter both nationwide and internationally.