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Common Law Fraud (Scams) & Misrepresentations and Omissions under Federal Securities Laws

You might have a claim if your broker engaged in fraud, misrepresentations, and omissions. Frauds (lying and deceit), swindles and scams represent violations of specific rules created by state and federal government bodies to protect investors like yourself. If you notice all your investments act differently from the general market or how they were described to you, your broker likely engaged in common law fraud and misrepresentations and omissions under federal securities law. A New York investment fraud law firm like Malecki Law can review how the investments were sold to you at no cost. These concerns often involve specific lies a broker has told you or omissions of key facts by a broker making the balance of the information you have received untrue. Sometimes that takes place involving purported or expected initial public offerings, known as IPOs. It is important not to be misled or dazzled by such promises or so invest if you are not ready for speculation. Public offerings require great scrutiny and must be transparent and truthful. Other times, long traded stocks, bonds, and private equity investments can be misrepresented. Some brokers engage in theft or Ponzi schemes. In these situations, you may have a case.

Protecting Investors

FINRA aims to protect investors like you, by implementing many tools to carry out this mission. FINRA’s key topic, Protecting Investors from Misconduct provides information on tools, including heightened supervision, sanctions guidelines, statutory disqualification applications, qualification examination waiver guidelines, and restricted firm obligations.

In order to protect investors like yourself, FINRA has implemented heightened supervision requirements for associated persons that have engaged in misconduct. Your brokerage firm should determine whether an associated person, such as your broker, should be placed on heightened supervision, by considering their individual circumstances, including customer-related regulatory actions, disciplinary actions, and criminal matters. It is likely that your brokerage firm failed to detect your broker’s misconduct. It cannot be stated strongly enough that getting help from investment fraud attorneys in New York at Malecki Law is infinitely better than trying to “do it yourself.”

If it is determined that the associated person must be placed on heightened supervision, the firm should develop an adequate heightened supervision plan. For example, if the associated person’s historical misconduct was related to a particular product, the firm should examine the product and implement necessary supervision to limit future risks related to that specific product. The possibility that your brokerage firm was aware that your broker needed heightened supervision yet failed to place him or her on adequate supervision, could have resulted in your portfolio’s losses. Malecki Law’s experienced investment fraud lawyers in New York will review your broker’s background and your products in a free consultation.

FINRA revised its Sanctions Guidelines to provide more stringent sanctions that can be imposed on an associated person. Adjudicators can take into account customer arbitrations that had adverse results, when determining sanctions. For example, an associated person who engaged in a pattern of harm, can face more severe sanctions.

Public Offerings

Firms must comply with certain FINRA rules in order to engage in a public offering, including the following three requirements: (i) file documents and information related to the public offerings, (ii) avoid unfair terms, and (iii) have additional requirements for offerings that have a conflict of interest. If you notice your investments declined after a public offering, your brokerage firm may not have complied with the relevant public offering rules. A New York investment fraud law firm like Malecki Law can review your potential case.

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Testimonials From Former Clients
I highly recommend Jenice and her team at Malecki Law. I had a challenging, and lengthly case. Jenice was professional, very knowledgeable, and a pleasure to work with. She managed to make the process far less stressful during a very difficult time. They care about their clients, and it definitely shows. Mario
Jenice is truly a miracle worker and one of the top securities lawyers. She handled a very difficult case for us, displaying her legal knowledge, intelligence, and savviness throughout the process. I cannot recommend her enough. The quality of work from her team rivals that of corporate law firms. She was always available, extremely professional, and made sure to know all the details of the case. We were very fortunate to have been referred to Jenice and highly recommend her for any securities related legal issues. Nathan A.
An excellent professional who represented us in trial regarding a bank fraud, an unexpected and difficult time. A professional that worked hard, persevering and who stood toe to toe against firms that had a team of excellent lawyers backing them up. Her unflinching determination really stands out, it makes you feel you have someone who really cares about trying to recover what you lost from the people that wronged you. Salomon Levi
It is difficult to thank you in words when gratitude comes from the heart, so I will try to link feelings with writing. It is essential for us to mention your excellence as a professional, your aptitude on legal fields, and your unavoidable persistence. All of these virtues that elevate the profession you exercise in such an admirable way, go hand in hand with your sense of ethics, your human warmth and the transparency in your actions. To sum up, thank you for being a listening ear and for having the right word while transmitting information about the legal process. Having you as our representative during such an adverse situation was a privilege and enough reason for our eternal gratitude. Angeles Aparain
To say that my securities litigation was complex would be a severe understatement. With multiple parties involved and spanning many years, trying to understand the issues was daunting to say the least. Jenice and her team broke down the transactions by segment and by party uncovering every hidden expense. In the end, I was more than happy and could not thank Jenice and her team enough. I would not hesitate to recommend Jenice to anyone. She is highly professional, incredibly knowledgeable, well connected to industry experts, has a tireless work ethic and is so pleasant and easy to communicate with. Five stars for sure! Andrew Loughrane