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New York Stockbroker Fraud Questions & Answers
2 Answers | Asked in Stockbroker Fraud for New York on
Q: Do I need to hire an attorney to sue my broker or can I do it myself?
Barry E. Janay
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answered on Jul 20, 2017

You can do it yourself, but see this primer: https://www.avvo.com/legal-guides/ugc/abraham-lincoln-had-it-right---he-who-represents-himself-has-a-fool-for-a-client

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2 Answers | Asked in Stockbroker Fraud and Consumer Law for New York on
Q: Any recourse against a broker who lied about an expected timeframe and cost us thousands?

Attempted to rent a co-op in NYC. Their broker said he could definitely get us in within a week of submitting the application, citing inside relationships with the board of directors. It took over a month for 2 such board members to coordinate their schedules to meet with us. Instead of moving from... View More

Barry E. Janay
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answered on Jul 18, 2017

Fraudulent misrepresentation is difficult to prove, actual damages would be difficult to prove in any case since moving is always a disruption of daily life. You can try to put together a list of some damages / out-of-pocket expenses incurred that wouldn't have been incurred otherwise and if... View More

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1 Answer | Asked in Stockbroker Fraud for New York on
Q: Can I sue my broker or brokerage in court or do I need to go through arbitration?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

What does your contract say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Stockbroker Fraud for New York on
Q: What happens if my broker gives me information that is misleading or completely omitted from his investment

recommendations?

Barry E. Janay
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answered on Jun 20, 2017

Sounds like you may want to raise the issue with him and either file a FINRA request for mediation or arbitration. We're you damaged financially in any way? You don't have to answer on a public forum, feel free to email me privately to discuss.

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1 Answer | Asked in Banking, Stockbroker Fraud and Business Law for New York on
Q: MLO license withdrawn after 20 yrs. Under article 12 e NYS law ? Conn. renewal denied. Can MLO work in another state?

Top producer and branch manager. Made a wonderful living in the banking industry. Banking License withdrawn under article 12 e. What does that mean? Denied renewal of license to sell in Connecticut too. Poor Credit? Are you allowed to apply for MLO license in the state of NJ or any other... View More

Barry E. Janay
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answered on May 31, 2017

Your questions are very specific and require review of documents. I suggest you retain an attorney on a limited basis to advise you. If you like I can assist.

2 Answers | Asked in Stockbroker Fraud for New York on
Q: Are there monetary caps on the percentage my broker can take out of my stock earnings?
Barry E. Janay
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answered on May 16, 2017

Sorry, let me rephrase. An excessively high commission can be a percentage, but the amount of money is unlimited and usually tied to good performance

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2 Answers | Asked in Stockbroker Fraud for New York on
Q: If I feel like my broker is making trades that aren't in my best interest, can I request that my account be audited by a

neutral third party?

Joel Ewusiak
Joel Ewusiak
answered on May 1, 2017

Most likely, your current securities broker and brokerage firm will not send your account to a third party for an audit, if you make such a request. However, you may independently consult with another securities broker or lawyer to get an opinion on whether the trades are suitable in light of your... View More

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1 Answer | Asked in Stockbroker Fraud for New York on
Q: I told my broker not to trade a certain stock and they did anyway. They say it's no big deal because it made money but

I'm still irritated. Do I have any recourse?

Barry E. Janay
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answered on Mar 31, 2017

While this technically appears to be an unauthorized trade the fact that you weren't damaged means there isn't a good case to pursue anything. You probably should just consider finding another broker.

2 Answers | Asked in Stockbroker Fraud for New York on
Q: What kind of damages can I get if I win a case against my broker for breach of promise?
Barry E. Janay
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answered on Mar 8, 2017

The expectation measure of damages, basically the amount that you could have expected to receive had he fulfilled his promise. There's a lot more to proving damages than that, but this is the category of damages I would argue you would be entitled to.

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1 Answer | Asked in Divorce, Immigration Law, Stockbroker Fraud and Gov & Administrative Law for New York on
Q: What will happen and what should do ?

Hello

I was f1 visa student I got married in 2016 us citizen girl , we filled up the applications for the immigration and I got my ssn and the work authorization card ( work permit ) , and we still pending for the first interview , waiting when they will schedule our interview, I found her... View More

Christine Moccia
Christine Moccia
answered on Mar 13, 2017

You need to speak to a qualified immigration law attorney. I can advise you that if you want to seek a divorce, you have grounds regardless of any adultery. As far as the implications with respect to your status in this country, please see a qualified immigration attorney or contact a local legal... View More

2 Answers | Asked in Stockbroker Fraud for New York on
Q: Is there a good way of being able to tell the difference between stock broker fraud and normal investment losses?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

What kind of promises, guarantees, or warranties were provided to you? Was the broker licensed?More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

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1 Answer | Asked in Stockbroker Fraud for New York on
Q: I just noticed I'm paying a fee to a person that connected me up with my broker - is that legal?
Barry E. Janay
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answered on Jan 30, 2017

Possibly, would need to know a lot more details. This could be a case of buyer beware. Why do you think there may have been something fraudulent or illegal? How high was the fee?

1 Answer | Asked in Stockbroker Fraud for New York on
Q: Are there any laws on the books about selling stocks over the phone?
Barry E. Janay
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answered on Jan 9, 2017

Yes, many.

1 Answer | Asked in Real Estate Law, Stockbroker Fraud and Legal Malpractice for New York on
Q: If I purchased a brand new Condo here in Brooklyn, Ny and Closed on 8/31/16, who was responsible for not advising me

no C of O , temporary or perm. was issued for this building?

I feel I have been frauded and don't know what my recourse of action might be? It was a cash deal .

Michael David Siegel
Michael David Siegel
answered on Jan 2, 2017

Your lawyer should have done a title search for title insurance and that would have come up. It clearly violated the standard contract if that is what you used, but that claim did not likely survive closing. This is a big deal issue.

1 Answer | Asked in Stockbroker Fraud for New York on
Q: Is there a chart some place that tells me what "excessive" fees are?
Barry E. Janay
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answered on Dec 12, 2016

No chart, but here is the best guidance:

"Article III, Section 4 requires any NASD member that acts as an agent for its customer to charge only a 'fair commission or service charge, taking into consideration all relevant circumstances including market conditions with respect to...
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1 Answer | Asked in Stockbroker Fraud for New York on
Q: When buying stock, if the stock broker omitts a piece of information,for his own benefit how can this be punished?

Piece of information not given, if known could have changed the decision made before closing of contract or investing in the stock

Barry E. Janay
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answered on Dec 8, 2016

Depends on the piece of information. Depends on whether you gave the broker discretion over the account. Depends on whether you are a sophisticated or even an accredited investor. Depends on whether you could have researched the claims yourself and could have found out about his omission without... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: Are all brokers paid on commission? I've read this can be a problem.
Barry E. Janay
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answered on Nov 16, 2016

No, but most are.

1 Answer | Asked in Stockbroker Fraud for New York on
Q: My broker sold some stuff but never called me to confirm - now I have a huge tax bill. Is there anything I can do?
Barry E. Janay
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answered on Oct 26, 2016

Depends on whether he has discretionary authority on the account. A large tax bill certainly isn't a fun thing, but at least you made money, right?

1 Answer | Asked in Stockbroker Fraud for New York on
Q: I believe my mother lost a lot of money due to her broker's failure to diversify her portfolio.

Do we have a claim against the broker?

Barry E. Janay
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answered on Oct 10, 2016

Yes, undue concentration or lack of diversification can prove an unsuitability of investment claim against a brokerage. I would need to learn a lot more about the facts of your particular case however. Please feel free to privately email me so that we can discuss the merits of your claim in... View More

1 Answer | Asked in Stockbroker Fraud for New York on
Q: Do day traders have to get the same certification as other stock brokers?
Barry E. Janay
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answered on Sep 29, 2016

A broker is a specific license issued and regulated by FINRA. Anyone can be a "day trader" so long as they are not doing it for others, then they may have to register as an Investment Advisor.

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