Lawrence R. Gelber provides aggressive, dedicated, cost-efficient
representation to brokerage firms and registered representatives in a wide
variety of circumstances, both civil and criminal.
Mr. Gelber will help you respond to 8210 inquiries from the NASD, attend
on the record interviews, prepare Wells submissions and vigorously
defend you in NASD administrative hearings. He will negotiate resolutions
with your local District Business Conduct Committee (DBCC) in an effort
minimize your exposure and expense.
Mr. Gelber will advise your firm in connection with standard NASD audits,
exit interviews, restriction letters, billing issues and a variety of other matters.
FINRA Sanctions Guidelines.
Mr. Gelber can assist in connection with SEC subpoenas and Wells
submissions. He provides firm and confident defense in connection with
SEC formal orders of investigation, and can guide you through the
complexities of the range of consequences related to the particular SEC
Mr. Gelber can help you formulate a strategy in connection with any
Notice of Intent to Revoke issued by any state regulators or
division. He can help you negotiate a resolution or provide vigorous defense
in the event negotiation is not possible at any evidentiary trial or hearing.
Arbitration defense is the central focus of Mr. Gelber's practice. He has
obtained notable victories, resulting in zero damages awarded, on behalf
of brokers and brokerage firms whose chances of victory were viewed as
slim, including the now defunct Investors Associates, Inc., and Royal
Hutton Securities, Inc., among many others. Mr. Gelber has noteworthy
experience defending against claims of: churning; unauthorized transactions;
failure to trade; unsuitability; margin violations; excessive commissions and
mark-ups; front-running; over concentration; abuse of discretion; penny stock
violations; failure to supervise; control person liability; options violations;
fraud; material omissions and a host of other claims.
In addition to customer disputes, Mr. Gelber handles arbitrations between
and among industry personnel, including claims relating to U-4s, U-5s,
forgivable loans, breach of agreements not to compete, raiding and related
Mr. Gelber is experienced in all aspects of securities litigation defense,
including class action defense. He can work out a focused defense strategy
with you, and then implement it, whether it be a motion to dismiss, aggressive
discovery, a motion for summary judgment or trial. Mr. Gelber has handled
numerous securities cases arising under the federal securities laws, including
the 1933 Securities Act, the 1934 Securities Exchange Act, and the Private
Securities Litigation Reform Act among other relevant federal statutes.
He has handled a wide range of issues, including market manipulation, fraud
on the market, unregistered securities, improper accounting, false and
misleading forms 10-Q and 10-K, as well as the issues commonly confronted
in arbitration, but brought instead in court.
Mr. Gelber has experience litigating matters in both federal and state courts.
In addition, Mr. Gelber has experience in expunging CRD records of
improperly placed negative information through the use of Orders to Show
Cause, and is thoroughly familiar with the processes involved in confirming
or vacating arbitration awards in court.
Mr. Gelber has strong negotiating skills and can help you develop a firm
understanding of the risks of going forward as measured against the cost
of a negotiated compromise. He can help you develop direct or structured
In recent years, the number of prosecutions for securities violations has
increased dramatically, both at a state and federal level. In connection with
this area, Mr. Gelber works in conjunction with a colleague, Michael Utilla, Esq.,
of Utilla & Associates. We can advise you with respect to your constitutional
rights, the applicability and usefulness of the Fifth Amendment, so-called
"Queen-for-a-day" agreements, arraignments, indictments, plea agreements,
federal sentencing guidelines, FBI tactics, probation department interviews,
as well as the corresponding New York State components of a Martin Act or
related state prosecution / investigation.
Mr. Utilla can be reached directly at (718) 852 9100.
Mr. Gelber will help your firm draft employee agreements, branch office
agreements and purchase agreements, and assist you with various aspects of
your business. He can advise you or your firm with respect to the preparation
of DRPs for CRD forms.
Mr. Gelber can help you draft or review your compliance procedures. He
has given compliance seminars at various brokerage firms and can assist you
with understanding the best way to comply with NASD Notices to Members.
He can help you develop harassment policies, review compliance with the
evolving money laundering rules, know-your-customer rules and Rule 3070
requirements, and provide written opinions regarding reporting obligations
in connection with a broad range of events and incidents.
I have recently authored a securities glossary: The
An Encyclopedic Dictionary of the Securities Industry ©, and
enjoy my Wikipedia article on Joseph Norman Dolley.
Please feel free to telephone or e-mail
me about your particular situation.
There is no charge for an initial telephone consultation.