What Can Investors Do if There Is Unauthorized Trading, Churning or the Like? - Transcript
Unauthorized trading, churning, and overconcentration are serious forms of broker misconduct that can result in significant financial losses for investors. These cases are highly technical and require an in-depth understanding of securities laws and practices. At Malecki Law, we work to protect investors from being taken advantage of by brokerage firms and ensure their claims are pursued effectively from the very start.
What Are Unauthorized Trading, Churning, and Overconcentration?Each of these forms of misconduct involves a breach of an advisor’s fiduciary duty or a broker’s failure to act with your best interests in mind, as well as a violation of relevant industry standards:
- Unauthorized Trading: When a broker places trades in your account without your prior approval, it constitutes unauthorized trading. This violates your right to control your investments and can lead to unnecessary risks or losses.
- Churning: Churning occurs when a broker engages in excessive trading in your account solely to generate commissions or fees. This practice erodes your investment’s value without providing meaningful financial benefits.
- Overconcentration: Overconcentration involves placing a significant portion of your portfolio into a single investment or asset class, exposing you to heightened risk. A diversified portfolio is essential to managing risk, and brokers are expected to avoid creating an unbalanced investment strategy or exposing your accounts to overconcentration.
If you suspect any of these actions have occurred, it’s essential to act quickly. These cases often involve complex evidence and legal arguments, making it vital to seek experienced legal representation early in the process.
Why Do You Need a Securities Lawyer?Attempting to address claims of unauthorized trading, churning, or overconcentration on your own can put you at a significant disadvantage. Brokerage firms often employ sophisticated legal teams skilled in using “lawyer speak” to shift blame or minimize liability. They may try to exploit your lack of familiarity with industry terms and legal processes to corner you into making admissions that weaken your case.
A securities lawyer acts as your advocate, ensuring your rights are protected and your claims are presented effectively. Key reasons to hire an experienced securities lawyer include:
- Navigating Complex Regulations: Securities laws and FINRA rules are intricate and require specialized knowledge.
- Preventing Costly Mistakes: Early missteps in how claims are framed or evidence is presented can harm your case.
- Leveling the Playing Field: A lawyer ensures that brokerage firms cannot take advantage of you during arbitration or litigation.
At Malecki Law, we have decades of experience representing investors in cases involving unauthorized trading, churning, and overconcentration. Our team ensures that your claims are handled properly from the very beginning.
What Steps Should Investors Take?If you suspect unauthorized trading, churning, or overconcentration in your account, take the following steps:
- Gather Documentation: Collect account statements, trade confirmations, and any communications with your broker. These documents are crucial for proving your case.
- Stop Contacting the Firm: Avoid direct communication with the brokerage firm to prevent unintentional admissions that could be used against you.
- Consult a Securities Lawyer: Engage an experienced securities lawyer immediately to review your case and advise you on the best course of action.
- File a Complaint: Your lawyer can help you file a complaint with FINRA or pursue arbitration, depending on the circumstances.
Acting quickly is essential, as delays can result in lost evidence or missed deadlines. At Malecki Law, we work with clients from the earliest stages of their claims, ensuring they are prepared to confront brokerage firms and recover their losses.
Do You Suspect Unauthorized Trading or Churning in Your Account?If you’ve experienced unauthorized trading, excessive fees from churning, or heightened risks from overconcentration, Malecki Law is here to help. Our attorneys have the experience and knowledge needed to handle these highly technical cases and protect your financial future.
Call us today at 212-943-1233 to speak with a New York securities law attorney. You can also complete our confidential online contact form and we will promptly get back to you. We represent investors in New York, throughout the United States, and across the globe.
Transcript:
If fear has been unauthorized trading churning or over concentration these are very highly technical cases and there is a way to try these cases and firms if you reach out to them on your own are likely going to take advantage of your lay speak as I would put it and use their lawyer speak to try to Corner you into making some admissions to make their defense stronger it is very important to understand that lawyers speak one language and lay people speak another and you really need the help of an experienced Securities lawyer to handle these cases from the very earliest point before mistakes are made.