Has your financial representative really represented your best interests? 



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               RESOURCES:

Check your broker with Finra Broker Check


We can also help you analyze whether you have been the victim of any of the following :

1031 Exchanges/TIC Fraud

Real Estate Private Placement Fraud

Churning

Misrepresentaion

Unsuitable Investments

Lack of Diversification

Breach of Fiduciary Duty

Unauthorized Trading

Excessive use of Margin

Fraudulent stock Research

Conflicts of Interests

Failure to Minimize Losses


San Diego Securities Attorneys - San Diego FINRA Arbitration Lawyers

Have you lost a significant amount of money in the market due to an investment advisor's negligence or fraud? Were your investments unsuitable for your goals or needs? Was your account subject to excessive trading or "churning" activity? Was there a over-concentration or lack of diversification in your portfolio that resulted in large or disproportionate losses? If so you may have a claim and a means to recover your losses and other damages. 

THE GOULD FIRM is experienced with FINRA arbitration and mediation procedure and can pursue any agent, broker, or financial advisor who may be to blame.  We represent high net worth investors and average wage earners who seek to recover significant losses caused by those who put their own financial interests ahead of their client’s.

While some investors lose money simply through downturns in the market or because of risky investments they knowingly choose to partake in, other investors lose money, or fail to realize their rightful gains, because of the negligent or fraudulent actions of their stockbroker or investment advisor. Your financial advisors have an obligation to deal fairly with you, the customer.  According to the law they owe a “fiduciary” duty which carries the highest duty of care and loyalty. Many industry professionals in today’s economy put their own financial interests ahead of their client’s causing substantial financial harm to their clients.  Many advisors even resort to high pressure sales tactics, selling questionable and risky "pyramid" schemes and convince the investor to purchase other types of unsuitable investments.

In making an investment recommendation, a broker must make recommendations that are consistent with the customer's risk tolerance, needs and investment objectives. A broker has a duty to know his client, and only recommend investments and trading strategies that are suitable for that client. An investment may be unsuitable if a customer does not have the financial ability to incur the risk associated with a particular investment; if the investment was not in line with the investor's financial needs; or if the customer did not know or understand the risks associated with certain investments. A broker has a duty to understand the risk tolerance of an investor, the tax considerations for the client, the client's prior experiences and appetite for risk, not only the level of desired return. It is the duty of a broker to make only suitable recommendations. When a broker breaches those duties and makes unsuitable recommendations, we may be able to recover your losses or other damages suffered.

Another problem area for agents and brokers arises from a over-concentration, or lack of diversification. If a broker concentrates your portfolio in any individual investment, or type of investment, then the risk of loss with your portfolio is dramatically increased. A broker who does not diversify his client's portfolio is potentially liable should that investment decline in value. Some investors lose money not by a advisor's negligence but rather, by outright greed or fraud.

One type of fraud involves something known in the industry as “churning”. Churning occurs when a broker engages in excessive trading for the sake of generating commissions. Many times he the broker will sell the winners to show a small profit, and keep the losers. To establish that your broker has churned your account, one needs to show a pattern of trading activity in your account that was excessive. If a broker is buying and selling securities in your account to generate commissions that seem excessive to you, there is a strong possibility that your account is being churned. If this activity resulted in losses to your account you may have a claim against your advisor. Another type of fraud is actual fraud or a knowing and intentional misrepresentation of the investment or key component.  This occurs when a false disclosure is communicated to the investor regarding an investment which causes the client to lose money as a result. An agent or broker has a duty to fully and truthfully disclose to you, the client, all of the risks associated with an investment and all material terms a prudent investor would want to be made aware of.

THE GOULD FIRM is familiar with investment products and strategies, securities industry standards and operations, and FINRA arbitration and mediation procedures.   While not everyone who has suffered investment losses has an actionable case, there are many instances when recovery of losses or consequential damages is possible. You need an aggressive attorney who has your interests in mind when going up against the attorneys for the financial industry. If you have suffered significant losses due to investment fraud or negligence, please us today to discuss your situation and your legal options.