Lawrence
R. Gelber has significant experience recovering
money lost through the
improper conduct of stockbrokers. While Mr. Gelber's practice in recent
years has
been geared to the defense of small and medium sized brokerage firms,
his years
of experience litigating against large brokerage firms can operate to
your advantage
in the effort to secure a substantial recovery for your losses.
Ironically,
it is precisely because Mr. Gelber has
extensive experience defending
small and medium sized brokerage firms that he intimately understands
the
best way to proceed on your behalf.
When you
invest in stocks or other securities, the
market risk is yours. However,
if that risk is increased through the actions of your broker, you may
be able to
recover money through the securities arbitration process.
If
you have lost more than $150,000.00, Mr. Gelber can
help you determine if the
loss was due to
broker misconduct and how best to proceed to help you
recover your
losses.
Broker Misconduct
The
following are some of the types of broker misconduct
than can form the
basis of a claim that
would enable you to recover money:
- Churning
- Unauthorized
trading
- Unsuitable
recommendations
- Excessive use of
margin
- Penny stock
violations
- Failure to
disclose important information
- Misrepresentations
made to get you to buy a stock
- Excessive
commissions and fees
- High pressure
sales tactics
- Front running
- Failure to execute
a trade instruction
- Selling an
unregistered security to you
- Selling anything
to you while not being registered in
your state
- Exceeding your
risk tolerance
- Theft of assets
- Phantom trading
- Forgery
Types of Claims
If a broker engages
in any misconduct, including the
types of misconduct
listed above, and if you have lost money, you can assert a wide variety
of
claims in an effort to recover the part of your losses attributable to
that
misconduct. Among the types of claims you can bring, in no particular
order,
are:
- Securities fraud
- Common law fraud
- Negligence
- Breach of Contract
- Breach of fiduciary duty
- Breach of duty of good faith and fair dealing
- Unjust enrichment
- Conversion
- Failure to supervise
- Violation of consumer protection laws (in some
states)
In
addition to your actual losses, you can also ask for
exemplary damages,
also called
punitive damages. In many states you can ask for an award
to
cover your
attorney fees as well.
Securities Arbitration
Since
the 1980s, the
dominant arena for resolving claims
and disputes
between customers and stockbrokers has been arbitration. The securities
industry in the United States is regulated through multiple agencies
and
organizations such as the SEC,
the securities
regulators of each
state, and
the various stock exchanges and associations, which are sometimes known
as Self-Regulatory Organizations, or SROs.
The
SROs provide
facilities for the arbitration of
disputes. Over the years one
SRO has stood out among the rest as the primary arena for the
arbitration of
disputes. Formerly known as the National Association of Securities
Dealers,
Inc., and currently known simply as NASD,
this SRO has offices throughout
the country to facilitate and handle the ever growing number of
securities
arbitrations filed every year.
Therefore,
unless
your claim has a particular
peculiarity that would suggest it
be arbitrated at one of the other SROs, such as the NYSE,
CBOE, MSRB,
NFA
or CFTC,
the great likelihood is that you would file your claim at NASD.
Depending on the contract with your brokerage firm, you may be able to
arbitrate the dispute at one of the several private arbitration
companies,
such as the AAA
or JAMS, but NASD is
the most likely place.
Arbitration
is less
formal than courtroom litigation. It
is conducted in front of
a panel, usually three, of ordinary business people, rather than a
judge and
a jury. The technical rules of evidence are considerably relaxed. And
while
there can be substantial fees attached to an arbitration claim, it is
generally
thought of as far less expensive than a full blown courthouse
litigation.
Securities
arbitration is also generally faster than
litigation, particularly in New
York. However,
successfully appealing an undesirable arbitration
verdict is
far more difficult
than appealing an unfavorable litigation verdict.
The word
"binding" in the
phrase "binding arbitration" is particularly apt.
Unlike
court cases, arbitration decisions are not generally publicly
available.
However, NASD now makes available on its web site, a database of
arbitration
decisions, which is searchable by any number or parameters, such as
party
name or attorney name.
Securities Mediation
Statistics suggest
that the majority of disputes between
customers and
stockbrokers are settled before there are any evidentiary hearings.
Frequently, skilled counsel can negotiate an acceptable settlement,
subject to your express approval, on your behalf. Sometimes, however,
the expectations of each of the parties are too high, and settlement,
though desirable, appears almost impossible.
In such instances, it
can be advantageous to engage in
non-binding securities
mediation. In mediation, the parties get to express their feelings and
present their claims to a neutral intermediary known as a mediator.
They
can do so in such a way that they reveal nothing to the other side,
thereby
preserving their secret trial strategies in the event a mediated
settlement
is not achieved.
The
mediator can present an impartial view of the
strengths and weaknesses
of each side's
case directly to the parties. The mediator's impartial
views
can then enable
the parties to evaluate their positions more
realistically.
This process has
been shown to increase settlements by a substantial
factor, ultimately
saving time, money and surprise rulings.
Securities Litigation
Certain types of
investments, such as private
placements, may be made in
a context where there is no contractual obligation to arbitrate a
dispute
arising out of such investment. In such circumstances, claims can be
filed
in either state of federal court. Such cases, if not settled or
dismissed on
motion, go through to a trial. The trial can be either a bench trial (a
single
judge and no jury) or a jury trial.
Securities litigation
is bound by strict rules of
evidence. It can involve very
substantial costs, particularly in connection with a process called
"discovery".
Discovery is the means through which each side can minimize the chance
of being taken by surprise at trial. This is accomplished by requesting
documents in advance, by submitting questions (known as
interrogatories)
in advance, and by taking depositions (also known as Examinations
Before
Trial or EBTs) in advance.
As with litigation,
arbitration also provides
opportunities for discovery, but
the opportunities are more narrowly framed. Generally, EBTs are not
available in arbitration.
Mr. Gelber is
experienced in all aspects of the dispute
resolution methods
discussed above. Because such claims are very fact specific,
it
is important that you discuss your case in as much detail as possible
with
your lawyer. For example, an investment that may be quite appropriate
for
one type of individual may be wholly inappropriate for another type of
individual.
Mr. Gelber has
experience arbitrating claims involving
stocks, bonds, mutual
funds, options, margin, limited partnerships, commodities, negotiable
instruments
and a host of investment strategies utilizing one or more of the
foregoing.
If you
have lost more than $150,000.00, please telephone
Mr. Gelber for a
confidential, free
consultation at (718) 638 2383, or e-mail to
GelberLaw@aol.com or Lawence@GelberLaw.net .
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