WE OFFER SKILLED REPRESENTATION WITH FLORIDA OFFICE OF FINANCIAL REGULATION (FLA-OFR) REGISTRATION, INVESTIGATIONS, EXAMINATIONS AND ADMINISTRATIVE PROCEEDINGS
Attorney Pearce has helped broker-dealers and investment advisory firms, along with their stockbroker and investment advisor employees, with registration problems and handled the defense of Florida Office of Financial Regulation (FLA-OFR) investigations, examinations and disciplinary proceedings, including appeals for over 40 years, from offices located throughout South Florida. These are serious matters that can have a significant impact on your ability to do business with any resident in this state along with other sanctions. Sanctions for violations of a state’s administrative rules and regulations or federal or state securities laws may result in: a censure, substantial fines, orders to repay customers (restitution) for their losses, suspensions and permanent lifetime bars from doing business as a broker-dealer or sales representative in Florida. The issues in these statewide investigations, examinations and disciplinary proceedings are very rule intensive and can involve the minutiae of the securities industry. Do not jeopardize your career with inexperienced counsel in Florida securities industry regulatory matters.
WE HAVE EXPERIENCE SOLVING FLORIDA REGISTRATION PROBLEMS
All broker-dealers and their sales representatives are required to be registered (licensed) before they may do business in Florida with the public. The FLA-OFR is notoriously difficult in terms of registration of broker-dealers and individual representatives in this state, particularly those companies and individuals who have experienced past customer complaints, disciplinary actions, bankruptcies and other black marks on their record. Inadvertent nondisclosure of prior incidents could slow down the registration process for many months and even result in a refusal to even consider registration in this state. Once the FLA-OFR notifies you they are denying your application for registration, you only have a short period of time to file a proceeding to contest that denial. Early intervention and assistance by experienced counsel with this state agency could result in an expeditious resolution of your particular Florida registration problem. We know the staff members from prior experience and how to work with them to get the job done quickly and economically.
WE CAN HELP YOU AVOID THE PITFALLS OF THE SURPRISE FLA-OFR EXAMINATION
The FLA-OFR is a government agency that has criminal and civil investigation divisions. Its examiners can sweep into your office unannounced on a moment’s notice, and you should react quickly to protect your rights and avoid further problems with this state agency. Our Florida securities laws may be prosecuted criminally and you could wind up in jail on felony charges for violation of state securities and other laws. All broker-dealers and their representatives are subject to Florida administrative rules, regulations, practices and procedures. These administrative rules also incorporate securities industry self-regulatory organization rules into agency regulations. Our law firm’s attorneys are well-versed in Florida securities law and administrative rules, practices and procedures in this state. We can help you avoid the pitfalls of surprise examination and its consequences.
DO I NEED AN ATTORNEY TO RESPOND TO AN ADMINISTRATIVE COMPLAINT?
The FL-OFR may initiate administrative proceedings for violations of federal and our state securities laws and agency rules. So yes, you should have a lawyer with knowledge of federal and Florida securities laws, rules, and regulations and experience with Florida administrative proceedings help you to respond to that complaint within a specified period of time to preserve your rights. The consequences of the administrative proceeding could be fines, suspensions or permanent bar of your license to work in the securities industry in Florida. While these administrative proceedings are considered civil in nature (as contrasted with criminal actions), they are not necessarily conducted in a civil manner. Further, the consequences of a bad result in a FLA-OFR administrative proceeding can spill over and affect your licenses inside and outside Florida, such as with the regulators of real estate, mortgage, insurance and/or banking industry. Most often, the administrative proceedings are settled, but not before the FLA-OFR prosecutors demand huge fines and lengthy suspensions. However, with an experienced FLA-OFR defense attorney, those findings and sanctions in the settlement agreement may be reduced significantly. In a published Court opinion, Federal District Court Judge Janet C. Hall wrote:
“Since 1983, Attorney Pearce has continued his specialized education by attending hundreds of hours of seminars focused on SEC and Commodity Futures Trading Commission (“CFTC”) investigation and enforcement proceedings and the practices and procedures of the securities and commodities industry. He has received intensive training on broker-dealer practices and procedures (both front and back office) in the OTC market and the New York Stock Exchange (“NYSE”), the American Stock Exchange (“AMEX”), and the Chicago Board Options Exchange (“CBOE”). In short, Attorney Pearce has knowledge and skill gained over  years of specialized training on the minutiae of broker-dealer practices and procedures and SEC enforcement proceedings which could not be obtained by a competent practicing attorney through routine research or legal experience.”
We are available from our South Florida offices to consult with you immediately on any FLA-OFR inquiry or compliance issue that may result in serious consequences to your career before it is too late! We push back overzealous FLA-OFR examiners to assure a fair investigation and secure the best result possible under the circumstances. We will work hard to ensure that you have all of the information necessary to make a sound decision in your dealings with this self-regulatory organization.
Hear From Our Clients
At The Law Offices of Robert Wayne Pearce, P.A., we believe the ultimate barometer of our success is surpassing the expectation of our clients.
The following clients have direct knowledge of our firm's processes from the inside and experienced our fierce advocacy.
Hear From Our Clients
- “Robert Pearce is part of that unusual breed of lawyers that are able to create empathy with clients and thoroughly adopt their cause”
No half efforts here. He and his group of professionals are outstanding strategists that can execute with precise fervor and unyielding determination. Theirs is a huge wave of facts, research, precedents and preparation, that has impressed me in its thoroughness and creativity, and most importantly with the results. No stone goes unturned and no effort is ever spared. In my book, he and they are those of a very rare kind that one wants to keep for a very long time.- Ramon Flores-Esteves -
- “Just like the song from HAMILTON, it's so nice to have Bob Pearce on your side.”
Just like the song from HAMILTON, it's so nice to have Bob Pearce on your side. He is the consumate plaintiff's lawyer: smart. dedicated, fully able to try a case but a great negotiator in a mediation. He did a wonderful job for us, fully supporting us through the process and more than holding his own against a large national law firm.- Maurice Z. -
- "Mr. Pearce and his staff exceeded all of our expectations."
Mr. Pearce and his staff exceeded all of our expectations. We were able to reach a settlement that was of our complete satisfaction, all within a very smooth, professional and efficient process. Mr. Pearce is now not only our lawyer but our family friend. We highly recommend him and his team!- Severiano L. -
- "For the best fighting chance, Robert Pearce is the lawyer you want in your corner."
This law firm is the real deal. We were so lucky that they took our case as they have so much experience in securities and all the wrongdoing that happens in these investment companies where they mislead you and your money (as in our case) into schemes that are not what you think they are. Mr. Robert Pearce is one of the best lawyers around, a truly professional who will fight for you and will tell you as it is all the time. We could not have gone thru this experience if it was not for all the advice, guidance and support he and all of his staff and associates brought to the game. For the best fighting chance, Robert Pearce is the lawyer you want in your corner.- Astrid M. -
- "He never felt intimidated and his study of the case and perseverance prevailed at all times."
Attorney Robert Pearce was our lawyer in a case against a Brokerage Firm and I'm witness to his ability and intelligence to deal with lawyers from the most prominent law firm in New York which was the key to recovering much of our losses cheered by their negligence. He never felt intimidated and his study of the case and perseverance prevailed at all times.- Jose A. C. -
- "In the end, Bob and I had the last laugh when the arbitrators awarded me almost 6 million dollars."
No lawyer except Bob said I had a chance of winning. When UBS Lawyers laughingly offered me zero to settle the dispute, Bob became even more determined to prove everybody wrong. Bob was extremely prepared, and always a step ahead of the opposing attorneys throughout the arbitration. In the end, Bob and I had the last laugh when the arbitrators awarded me almost 6 million dollars.- J. Blanco -
- "Every meeting and phone call was made with dedication and desire to help our family every step of the way."
Robert's team is excellent. They are very competitive in what they do and they are very responsible. Every meeting and phone call was made with dedication and desire to help our family every step of the way. Their professionalism, responsibility and empathy assured us that we were in good hands. Recommend to everyone.- Mayra A. -