Common Claims Against Brokers

Common claims against stockbrokers and investment professionals include the sale of unsuitable securities, excessive activity or churning, Misrepresentations or omissions of material fact in connection with the sale of securities, mutual fund fraud, annuity fraud, the failure to supervise, breach of fiduciary duty,unauthorized trading, and the fraudulent sale of preferred securities.

In addition, FINRA, or the Financial Industry Regulatory Authority, has stated that certain types of conduct in the securities industry are prohibited, including:
 

• Recommending to a customer the purchase or sale of a security that is unsuitable given the customer's age, financial situation, investment objective, and investment experience. Investment in a particular type of security may be unsuitable or the amount or frequency of transactions may be excessive and therefore unsuitable for a given customer.
• Purchasing or selling securities in a customer's account without first contacting the customer and the customer did not specifically authorize the sale or purchase, unless the broker has received from the customer written discretionary authority to effect transactions in the account or the broker was given discretion as to price and time.
• Switching a customer from one mutual fund to another when there is no legitimate investment purpose underlying the switch.
• Misrepresenting or failing to disclose material facts concerning an investment. Examples of information that may be considered material and that should be accurately presented to customers include: the risks of investing in a particular security; the charges or fees involved; company financial information; and technical or analytical information, such as bond ratings.
• Removing funds or securities from a customer's account without the customer's prior authorization.
• Charging a customer excessive markups, markdowns, or commissions on the purchase or sale of securities.
• Guaranteeing customers that they will not lose money on a particular securities transaction, making specific price predictions, or agreeing to share in any losses in the customer's account.
• Private securities transactions between a broker and a customer that may violate NASD rules, particularly where such transactions are done without the knowledge and permission of the sales representative's firm.
• Trading for a firm's account in preference to a customer by trading ahead of a customer limit order, absent a valid exception.
• Failure by a market maker to display a customer limit order in its published quotes, absent a valid exception.
• Failing to use reasonable diligence to see that a customer's order is executed at the best possible price, given prevailing market conditions.
• Purchasing or selling a security while in possession of material, non-public information regarding an issuer.
• Using any manipulative, deceptive, or other fraudulent device or contrivance to effect any transaction in, or induce the purchase or sale of, any security.

If you believe that you may have been the victim of the sale of unsuitable securities, excessive activity or churning, omissions or misrepresentations of material fact in connection with the sale of securities, mutual fund fraud, annuity fraud, the failure to supervise, breach of fiduciary duty, unauthorized trading, and the fraudulent sale of preferred securities, or other prohibited conduct by your broker, contact us for a free evaluation of your claim.