Van Elswyk Law represents individual investors throughout the Sarasota area in securities fraud claims. If you have suffered investment losses due to the misconduct of an investment advisor or broker-dealer, it takes an experienced securities fraud attorney to protect your rights and interests.
Brice Van Elswyk is well-versed in the rules governing the securities industry established by the Financial Industry Regulatory Authority (FINRA) and works to protect his clients in FINRA arbitration proceedings.
From securities fraud and misrepresentation to unsuitable investments and fiduciary breaches, you need the aggressive representation Van Elswyk Law provides. Contact Van Elswyk Law today to schedule a consultation.
Representing Victims of Securities Fraud in Sarasota
Attorney Van Elswyk has the skills and experience to recoup your losses from various types of securities fraud, including:
- Breach of Fiduciary Responsibility / Negligence – Investment professionals who fail to manage an investor’s account in a reasonably prudent manner or violate industry rules and regulations may be liable for violating their fiduciary responsibility or negligence.
- Unsuitable investment advice – Stockbrokers and investment advisors must base their recommendations on the client’s financial resources, investment objectives, risk tolerance, and other factors such as the client’s level of investment sophistication. Some investment products, such as structured products, “best of” notes, principal-protected notes, and even some exchange-traded funds (“ETF”) are not suitable for all investors. Van Elswyk Law can help if your broker or advisor made unsuitable recommendations or invested unsuitable investments that resulted in losses.
- Excessive trading/churning – Churning is a common securities violation that occurs when a broker makes frequent trades in a customer’s account only to generate commissions and disregards the client’s financial resources or investment objectives.
- Unauthorized trading – Unless a customer gives prior written discretion or trading authorization, brokers cannot execute a trade without the customer’s consent.
- Misrepresentation – An investment advisor or stockbroker who misrepresents or omits a material fact about an investment, such as claiming it investment has little or no risk when the actual risk is substantial, can be held liable for the investor’s losses.
- Over-concentration – This type of securities fraud occurs when a stockbroker or investment advisor fails to diversify the client’s portfolio by over-concentrating in a single investment or industry and causes the investor losses.
- Violations of Regulation Best Interest (REG BI) – Under this FINRA rule, broker-dealers and investment advisors have a fiduciary duty to act in the client’s best interest at all times. An investment professional who puts their financial interests ahead of a client’s, for example, by selling certain securities to receive a higher commission instead of better-performing investments, may be liable for the investor’s losses.
- Failure to supervise – FINRA-member firms have a duty to supervise their brokers and investment advisors to ensure their activities adhere to securities laws and industry.
If you have suffered investment losses due to the misconduct of a stockbroker or investment advisor, trust Van Elswyk Law to guide you through the FINRA arbitration process and recover your losses.
Why Choose Van Elswyk Law?
Although most investment professionals adhere to the highest ethical standards, securities fraud does occur, resulting in investor losses. With over 15 years of experience in investments, investment banking, and asset management, Brice Van Elswyk has comprehensive knowledge of the applicable FINRA rules and state and federal securities laws.
Investors typically enter into brokerage agreements that contain a mandatory arbitration clause. FINRA arbitration is an alternative to litigation that is less expensive and time-consuming than going to court. In short, the parties select a neutral third-party arbitrator to resolve the dispute.
Claims involving $50,000 to $100,000 are typically heard by one arbitrator, while disputes involving over $100,000 in damages are heard by a panel of arbitrators. Notably, you must file a FINRA arbitration claim within 6 years of the alleged misconduct. Also, you cannot file a lawsuit during the arbitration process, and the arbitrator’s decision is binding.
FINRA’s arbitration rules only permit an appeal under limited circumstances, so working with an experienced securities fraud attorney is essential. Attorney Van Elswyk has extensive experience representing clients in arbitration proceedings and will work strategically by:
- Conducting discovery to obtain evidence supporting your claim
- Determining the extent of your investment losses
- Filing a FINRA dispute/arbitration claim
- Representing you during the arbitration hearing
Investment advisors and stockbrokers who engage in securities fraud cause investor losses and undermine the integrity of the financial markets. You can trust Van Elswyk Law to hold them accountable, protect your rights, and help you recoup your investment losses.
Contact Our Experienced Sarasota Securities Fraud Attorney
If you have been the victim of securities fraud, you need the informed representation Van Elswyk Law provides. Contact our Nokomis office today to get started working on your claim with our securities fraud lawyer.
Van Elswyk Law helps clients with securities fraud claims in Sarasota, Bradenton, Charlotte County, Hillsborough County, and Manatee County.