| Your Legal Rights |
|
If you have experienced investment fraud, you may have a right to recover you money and damages. Specialist securities attorneys can fight to recover your monies on your behalf. |
|
| Arbitration |
|
Disputes between clients and brokers are usually not resolved in the courts, but though arbitration. Arbitration is s a process in which one or more independent arbitrators hear evidence from the parties to a dispute as opposed to taking the dispute to a government court and having a judge decide. Arbitrators are independent and chose by consent of the parties to resolve the dispute. Arbitration is generally a much faster and less expensive means of resolving a dispute than using a civil court.
|
|
| Why do disputes with brokers usually involve arbitration instead of going through the court systems? |
|
Disputes between customers and their brokers are generally subject to arbitration because most brokerage firms use arbitration agreements as a condition to establishing a brokerage account. When you create an account at a brokerage, the contract will invariably contain an arbitration clause that requires as a condition of opening or maintaining an account that you agree to use arbitration to resolve disputes with your broker, rather than sue through the courts.
The agreement will say something such as:
"I agree to settle by arbitration any controversy between myself and [the brokerage firm or its agents] relating to the Account Agreement, my Account, or account transactions, or in any way arising from my relationship with [the brokerage firm or its agents] as provided in... the Account Agreement." |
|
| Will arbitration provide fair compensation? |
|
| In general, an investment fraud case will receive speedier treatment in arbitration hearings and the compensation will be similar to that if the case had been handled by a state or federal court. These sample cases show that large settlements are available through the arbitration process. |
|
| Firms Named |
| Refco LLC, Capital Insight Brokerage |
| Party unknown |
| Prescott Ball & Turben |
| Pompano-Windy City Partners , East Wind Associates |
| Kidder Peabody |
|
| Total Award (in millions) |
| $43.0 |
| $40.9 |
| $38.2 |
| $26.0 |
| $21.5 |
|
| Date |
| June 30, 2001 |
| June 4, 1999 |
| May 2, 1990 |
| March 14, 1991 |
| Oct. 16, 1998 |
|
|
|
| Legal Help |
|
The attorneys representing your broker will be experts in securities litigation. We can help you locate attorneys with a high degree of expertise and experience in large stockbroker fraud cases. They've helped people in similar circumstances to your and can best represent your interests.
Steps attorneys take to protect your interests in the event of investment fraud:
1. study the losses in your brokerage accout.
2. evaluate the losses relative to the overall market conditions.
3. analyze the trading activity in your account and the commissions charged.
4. evaluate what recommendations your brokers made to see if they reflected his self interest and if they were suitable to you.
5. Attorneys will then proceed with these findings and develop a case including the use of expert witnesses and analysis of state, federal and professional regulations. |
| |
 |
| |
| • send a free inquiry and find legal help |