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Stockbroker Fraud Questions & Answers
1 Answer | Asked in Stockbroker Fraud for New York on
Q: My stockbroker was part of a Ponzi scheme and he subsequently filed for bankruptcy. Can I still recover money I lost

from him?

Alex Schmidt
Alex Schmidt
answered on Oct 29, 2018

Even if your stockbroker has filed for bankruptcy you may still be able to recover investment assets lost in connection with the Ponzi scheme. If your stockbroker was licensed with a registered broker dealer then a FINRA arbitration could be commenced against the broker dealer and recovery of your... View More

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: What agency would I complain to about the way my stockbroker is handling my account? I'm not sure if it's legal.
Alex Schmidt
Alex Schmidt
answered on Oct 25, 2018

If you feel your investment account is being mismanaged you can report this to Financial Industry Regulatory Authority or ("FINRA"). This self-regulatory organization or ("SRO") oversees brokerdealers and sets compliance rules by which they must act. FINRA is where customer... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: I'm trying to figure out if my "financial planner"

was actually qualified to give me advice on investing - do they have any kind of certification they have to have?

Alex Schmidt
Alex Schmidt
answered on Oct 12, 2018

If your "financial planner" is a stockbroker who sells and markets stocks, bonds or other securities products, the easiest way to assess their certifications is checking the FINRA platform Brokercheck. Simply type in the brokers name and you will see what certifications the broker or... View More

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: I asked for documentation/filings from the

company my broker had me invest in and after two months, nothing - is he required to give this to me?

Alex Schmidt
Alex Schmidt
answered on Oct 5, 2018

If you have the name of the company you can simply go onto the SEC platform known as EDGAR and enter the name of the company or its ticker. This SEC platform will contain a trove of data on the company at issue. As for the broker there is no regulation that I am aware of that mandates a stock... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: Do I have a claim for if there was also a general downturn in the market when I lost money?
Alex Schmidt
Alex Schmidt
answered on Sep 14, 2018

You absolutely may still have a stockbroker fraud claim if their was a market downturn. Much will depend on the violation that you are alleging occurred whether it be fraud, misrepresentation, unsuitability or any number of potential violations. Your investment losses and whether you have sustained... View More

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: I've heard the rules are changing in protecting

me against bad investments and what a broker has to tell me - is that true?

Alex Schmidt
Alex Schmidt
answered on Sep 14, 2018

There are rules in place protecting you against bad or unsuitable investments. FINRA suitability rules for instance require that any investment recommendation made by a broker to an investor must be in line with investors stated financial profile and objectives. What I think you might be... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: If the stockbroker didn't force you to buy the stock, but did talk it up

and then the investment didn't work out - can we still sue?

Alex Schmidt
Alex Schmidt
answered on Aug 23, 2018

As a former Series 7 and 66 stockbroker I can attest to having personally "talked up" many different securities. Whether there is a cause of action depends on what you mean by "talked up". If the stock broker mispresented the issue or provided false information concerning the... View More

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: How often are brokers supposed to contact clients? Is it mandated in any way?
Alex Schmidt
Alex Schmidt
answered on Aug 23, 2018

Whether a client needs to be contacted really depends on the context concerning the question. If the investment account is a non-discretionary account then the broker has to contact the client prior to each trade being entered. If the account is a managed account where the broker has received... View More

1 Answer | Asked in Real Estate Law, Stockbroker Fraud and Landlord - Tenant for New York on
Q: I need advice about deposits to hold apartments during application process and the proper documentation procedures.

I signed a contract before applying for an apartment. It stated what the rent would be and agents fee amount and deposit amount. It should be noted it specifically stated the credit check fee was nonrefundable, but did NOT say that the deposit was nonrefundable. Two days later, after determing the... View More

Elaine Shay
Elaine Shay
answered on Jun 9, 2018

The law varies between states but generally the terms of the contract (deposit agreement) control the rights of the parties. You state that the deposit agreement does not contain language stating the deposit would be nonrefundable but you haven't said it states the deposit would be... View More

1 Answer | Asked in Criminal Law and Stockbroker Fraud for Virginia on
Q: can a felon have his conviction removed from his records without having the crime dismissed?
Steve Miyares
Steve Miyares
answered on May 6, 2018

Not in Virginia. If you were convicted of the offense in Virginia, then the conviction is permanent and can not be removered or expunged from your criminal record.

0 Answers | Asked in Stockbroker Fraud for Illinois on
Q: My broker gave me information about my holdings that turned out to be false. If I hadn't relied on his word, I would

have made different financial decisions. Can I sue over that?

1 Answer | Asked in Stockbroker Fraud and Real Estate Law for Missouri on
Q: I was grossly misrepresented by my listing agent. I feel I am being taken advantage of. How can I canx

I was met by two realtors working together. They pumped me up like a car salesman as to how easy the sale would be and the price I was asking was almost guaranteed. Signed with them. 4 days later she wanted to drop the price. I agreed to on the 7th day. We dropped by 11k. She wanted to drop... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 23, 2018

If you feel that your broker committed a breach of duty you are free to hire an attorney and file suit. Contact a couple of attorneys, but unfortunately you might find it cost prohibitive. Some causes of action, such as Missouri's Merchandising Practices Act, however, allow a prevailing... View More

1 Answer | Asked in Stockbroker Fraud for Iowa on
Q: Is it realtor fraud when realtor overprices a home in favor of the seller due to relationship with seller?

Tax assessment for the year purchased was $50000 dollars under the amount being asked. When I offered less than asking and more than tax value I was told that if my offer was to be considered I had to give a serious offer. I was reluctant to make higher offer but feeling pressure to buy I raised... View More

Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

Your question is ridiculous. You don't claim "fraud" to argue a house is priced too high. If the price is too high, don't buy it.

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: If a stockbroker embezzled my money, is there any way for me to get it back in a court action?
Steve McCann
Steve McCann
answered on Apr 16, 2018

It is certainly possible, but the chances of recovery are dependent on very specific facts that are not provided here, such as any contracts signed and any representations made by your stockbroker. That being the case, I recommend you organize everything in your possession related to this matter,... View More

0 Answers | Asked in Banking and Stockbroker Fraud for California on
Q: Can I be sued for taking someone’s money and saying that I would invest for them when I don’t actually invest for them.

I am not a licensed stock broker. Two people gave me money after I told them I would invest for them but I never invested for them. Can they file some sort of legal action against me?

2 Answers | Asked in Real Estate Law and Stockbroker Fraud for Wisconsin on
Q: What do I do if sellar won't sign release of contract for home inspection failure?

Put In and had offer accepted. Walked through house again and found growths in closet ceiling and leaks in garage roof. We did not give them the earnest money because we do not have the money to fix roof and interior of house. We brought the issue to the owners attention and they admitted they knew... View More

William F Sulton
William F Sulton
answered on Apr 6, 2018

You could file a lawsuit for a declaration stating that the sale is null and void. But that seems unnecessary in this circumstance. You can probably just walk away from the deal. It happens everyday.

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1 Answer | Asked in Stockbroker Fraud and Real Estate Law for Colorado on
Q: Can a real estate broker in Colorado hire anyone (other than a land surveyor) to mark positions of property corners

so as to speed up the process of closing and circumvent the cost of a survey for their client.

Vincent Gallo
Vincent Gallo
answered on Apr 1, 2018

In New York only a Professional Land Surveyor may prepare a new survey and made corners.

1 Answer | Asked in Consumer Law, Banking and Stockbroker Fraud for Missouri on
Q: Predatory lending?

I was seeking a personal loan to consolidate debt. I contacted personal lending group and a few hours later a group called MJM Lending (located in Florida) called and stated they were a partner of Personal Lending Group. They told me to call Compass Bank and apply for a loan because they did not... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

You state that they are trying to charge you for something without investing time. What does your written contract state as to what is due?

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