Florida Securities Loss, Stock Broker Fraud, Mismanagement & Churning AttorneyOur Goal - To Help Investors Recover Their Stock & Investment Related Losses “These are dangerous times for seniors. They need education, they need protection." North American Securities Administrators Administration, September 4, 2003 Securities & investment fraud lawyer Gregory Tendrich is dedicated to helping you recover your losses from securities (stock) and investment fraud, churning, mismanagement and misconduct. From his office in Boca Raton, Florida, the lawyer serves clients throughout the State of Florida primarily in Dade, Broward and Palm Beach county, including Miami, Ft. Lauderdale, West Palm Beach, and the Florida Keys and serves all other cities in between. While most stock brokers, Certified Financial Planners (CFP), Registered Investment Advisors (RIA), Trust officers and other investment and financial advisors are honest in dealing with their clients, many are not. Many stock brokers, financial planners, investment advisors and trust officers see senior citizens, widows and inexperienced investors as easy and vulnerable targets. The North American Securities Administrators Association (NASAA) in September 2003 warned: “State securities regulators are deeply concerned that a perfect storm for investment fraud is brewing and our nation’s 35 million seniors are at risk.” These individuals, some of whom work for large stock brokerage firms, banks and trust companies, misrepresent and hype stocks, bonds, auction rate securities, mutual funds, fixed and variable annuities; execute unauthorized trades, or simply sell stocks, bonds, fixed and variable annuities, limited partnerships, CD's, promissory notes, mutual funds, hedge funds, unit investment trusts, auction rate securities and other types of investments that are inappropriate for a client considering their age, risk tolerance and investment objectives. Some brokers outright lie or steal from their clients. Other claims typically arises from unauthorized trading, mutual fund switching and "break point" violations, excessive buying and/or selling of one or more stocks (churning), switching from fixed annuities to variable annuities and/or the frequent buying and selling of different fixed or variable annuities that cause harsh penalties (surrender charges) and additional large commissions to be incurred. Recently, we have seen many claims involving Fannie Mae (FNM) and Freddie Mac (FRE) preferred stock, and auction rate securities and securities with sub-prime mortgage components that were sold to clients as safe, secure, conservative and liquid investment alternatives to CD's and money market accounts. Similarily, many individuals were placed in mutual funds that were sold as safe, conservative, income funds that have incurred drastic and devestating losses. These funds include: -
Schwab YieldPlus Fund Select Shares (SWYSX) -
Schwab YieldPlus Funds Investor Shares (SWYPX) -
Regions Morgan Keegan Select High Income (MKHIX, RHICX, and RHIIX) -
Regions Morgan Keegan Select Intermediate Bond Fund (MKIBX, RIBCX, and RIBIX) -
RMK High Income Fund (RMH) -
RMK Strategic Income Fund (RSF) -
RMK Advantage Income Fund (RMA) -
RMK Multi-Sector High Income Fund (RHY) We have also seen an increase in cases involving Ponzi schemes, the most notable being Bernard Madoff and just recently Arthur G. Nadel and Scoop Managment, Inc. (Viking Fund, Valhalla Fund and Scoop Fund). If you had any dealings, either directly or indirectly through an outside advisor, with Madoff or Nadel and their various companies and funds, you may have a claim to recover your losses. CALL US IMMEDIATELY AS YOU MAY BE ABLE TO RECOVER YOUR LOSSES IN THESE INVESTMENTS. One of the latest techniques to obtain an account is through "free lunch" seminars. If you attend one of these seminars, think long and hard before you make any changes or switch your account from one broker to another. Losses typically are in a variety of different types of accounts, including individual, joint tenant, JTWROS, trust, corporate, UGMA, UTMA, Charitable Remainder Trusts, Individual Retirement accounts (IRA), Roth IRA accountsand custodial accounts. Do I sue my broker? Possible claims include: If you have sustained stock market or other investment related losses as a result of one or more of these actions and are considering suing your stock broker, registered investment advisor, trust officer, bank officer, or other financial advisor, attorney Gregory Tendrich may be able to assist you in recovering those losses.
Most investors are unaware that the paperwork they sign upon opening a brokerage account requires them to resolve most, if not all, of their claims, not in court, but in arbitration, typically before the Financial Industry Regulatory Authority (FINRA) that was created in July 2007 with the consolidation of the NASD and the NYSE, and the American Arbitration Association (AAA). Depending on the size of your claim, your case will usually be decided by one or three arbitrators. Since 1992, Mr. Tendrich has limited his practice to respresenting individuals in arbitration and has appeared in hundreds of cases. Let his knowledge and experience of the arbitration process work for you! Besides representing parties in the arbitration process, attorney Gregory Tendrich is also a certified arbitrator for FINRA, the organization where most securities disputes are heard. Mr. Tendrich is also a Florida Supreme Court Certified County Court Mediator. Mr. Tendrich spent a decade as an in-house lawyer for several regional and national brokerage firms, defending these firms against claims brought by former clients of the firm. During his years as an in-house attorney, Mr. Tendrich also successfully passed the Series 7 examination, the very examination stock brokers must take and pass prior to becoming registered in the securities industry. This experience gives him a unique perspective on how to best pursue your potential claim. Trust your instincts. If you note any suspicious activity in your brokerage or trust accounts or feel that you have been mislead or have received improper investment advise, contact Mr. Tendrich immediately. He works on a contingency basis and offers a free initial consultation to discuss the specific issues affecting your investment portfolio. Breach of Fiduciary Duty: This claim comes from common law as opposed to a specific statute. Brokers occupy positions of trust and confidence with their customers; therefore they owe them the highest duty of loyalty and fidelity. Investment activity that violates that duty may entitle you to bring a breach of fiduciary duty claim. Conflict Of Interest: Conflict of interest claims have recently received a great deal of media attention. They occur when a large securities firm conducts both investment banking activities and stock analysis and brokerage. Securities analysts may be tempted or persuaded to give a particular stock a strong evaluation if the company is a client on the investment banking side of the business. Similarly, lower ratings may be given to competitors of clients. In either event, investor losses linked to this conduct have the potential for recovery under a conflict of interest theory. Churning: Excessive trading on a client's account is called churning. Sometimes stockbrokers trade excessively because they want to boost their own commission. Clients lose money due to unsound timing of trades as well as the added broker fees and commissions. Failure to Diversify: Brokers who put all of their clients' assets in a single stock or industry may be subject to a claim for failure to diversify. Brokers are supposed to lessen some the risks of being in the market by keeping their clients monies invested in a variety of securities vehicles. Failure to Supervise: When management at a brokerage firms fails to properly monitor trading activity by its brokers and investor losses occur because of wrongdoing, investors may be able to assert a failure to supervise claim against the firm. Ineptitude Or Malpractice: In general, malpractice refers to a situation in which a professional harms a victim by providing substandard services -- meaning that another equally trained professional might have avoided the harm caused to the victim. Brokerage malpractice refers to cases in which stockbrokers or analysts issue unfounded, incorrect, deceptive, or otherwise misleading advice to their clients. As a result, the client may make poor investment choices and lose significant amounts of money. A securities firm that employs a stockbroker guilty of malpractice may also have legal responsibility for investor losses. Omission of Facts: This form of securities fraud occurs when a company or broker intentionally misleads investors about material facts regarding a security by failing to disclose important information regarding the security, mutual fund, annuity or offering. Trading Without Permission/ Unauthorized Trading: Brokers must make their clients aware of their activities. They are not allowed to make trades on a client's account against the client's will or without their knowledge or permission. Unsuitability: Broker's who make investment recommendations that are inappropriate to the known objectives and background of a particular investor may be subject to claims for losses based on unsuitability. Misrepresentation: Giving out wrong information or concealing true information. Misrepresentations may exists in a company's public filings and papers or when a broker or brokerage firm publicly supports a stock while privately admitting that it is a risk or a bad buy. Exploitation of the Elderly & Disabled Many states have specific statutes making it a crime and calling for enhanced penalties and fines where one knowingly, by deception or intimidation, obtains funds, assets or property and takes advantage of an elderly or disabled person. Fraud Intentional deception in order to secure an unlawful gain or unfair advantage. Theft In its simplest form theft is the taking of one's property without that individual's knowledge or consent. Prudent Investor Violations Typically observed in the Trust setting, one who assumes the role of Trustee or Fiduciary is required to make investments and act in the best interests of the Grantor and beneficiaries and has a duty to invest and manage investment assets as a prudent investor. The Trustee is also typically obligated to exercise reasonable care and caution, diversify the investments and to continually review the investment portfolio. Free Initial Consultation: Contact Florida investment and stock broker fraud lawyer Gregory Tendrich for a free evaluation of your case. Stock broker fraud lawyer Gregory Tendrich serves clients throughout Florida, primarily in Dade, Broward and Palm Beach counties, including Boca Raton, Boynton Beach, Daytona Beach, Destin, Delray Beach, Ft. Lauderdale, Ft. Myers, Ft. Walton, Gainesville, Hialeah, Jacksonville, Jupiter, Key West, Lakeland, Miami, Naples, Orlando, Panama City Beach, Pensacola, Pompano Beach, Port St. Lucie, St. Augustine, St. Petersburg, Sarasota, Spring Hill, Sunrise, Tallahassee, Tampa, Tarpon Springs, Vero Beach, Wellington, and Weston. The Law Office of Gregory Tendrich, P.A. 4651 North Federal Highway Boca Raton, Florida 33431 Telephone: (561) 417-8777 Fax: (561) 417-8700 E-mail: 10drich@bellsouth.net The hiring of a lawyer is an important decision and should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience or view our Attorney Profile page. |