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Articles Tagged with securities arbitration lawyer

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Investment fraud lawyers are currently investigating claims on behalf of investors who suffered significant losses as a result of their investment in Winex Investments LLC. Winex Investments is a foreign currency investment. In many cases, broker-dealers may have improperly recommended Winex Investments to their clients. Furthermore, securities arbitration lawyers believe some broker-dealers misrepresented the risks associated with Winex.

Winex Investments, LLC Investors Could Recover Losses

Recent anxiety about the devaluation of the dollar and rising U.S. government debt has made some investors turn to foreign currency investing. However, because this type of investment is relatively unknown to many investors, it is essential that the risks are adequately disclosed before any decisions are made. Trading in foreign currency involves the purchasing of debt of foreign countries. Exchange-traded funds, or ETFs, can either buy options and future contracts or purchase the currencies directly.

Prior to recommending an investment to a client, brokers and firms are required to perform the necessary due diligence to establish whether the investment is suitable for the client, given their age, investment objectives and risk tolerance. Financial Industry Regulatory Authority rules have established that firms have an obligation to fully disclose all the risks of a given investment when making recommendations. Furthermore, brokerage firms must, before approving an investment’s sale to a customer, conduct a reasonable investigation of the securities and issuer.

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Securities arbitration lawyers are currently investigating claims on behalf of investors who suffered significant losses as a result of their investment in TIC, or tenants-in-common, investments with a full-service brokerage firm. The securities industry has watched as TICs have become more common as a result of the IRS rules amendment in 2003, allowing an avoidance in capital gains taxes to investors who invested their property sale proceeds into TIC investments.

TIC Investor Losses Could be Recovered in FINRA Arbitration

According to stock fraud lawyers, following the crash of the real estate market, many TIC investors, as fractional owners in a single property, saw a significant decline in the value of their investment. However, because of the sales practices of some FINRA registered brokerage firms, some of these investors may be able to recover losses through securities arbitration. These products were often represented as “guaranteed” and/or “safe” investments that would return between 7 and 12 percent each year. However, in many cases, investors were not properly advised on the risks associated with TIC investments.

A Financial Industry Regulatory Authority panel has already ordered one firm, LPL Financial, to reimburse investor losses amounting to $1.4 million in Braintree Park LLC and Heron Cove LLC. These two TICs were sponsored by Direct Invest LLC.

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Investment fraud lawyers are encouraging investors who suffered significant losses as a result of their investment in Lehman Brothers 100% Principal Protection Notes to thoroughly explore all their options for recovering losses. These notes, which have also been called “Principal Protected” notes, are not the only Lehman Brothers structured products being investigated by securities arbitration lawyers. Auto-call Notes and Return Optimization Notes are also being investigated on behalf of investors who suffered losses in these Lehman Brothers products.

Lehman Brothers PPN Investors to Explore Every Option

While many investors have filed claims in Lehman’s bankruptcy proceedings, it now appears that these individuals will receive only about 20 cents on the dollar for their investment losses. Investors must consider alternate methods of loss recovery, including filing a Financial Industry Regulatory Authority securities arbitration claim. Furthermore, investors will have to determine if any statute of limitations issues exist relating to their case.

Despite the fact that a class action lawsuit related to these notes has been filed, investors should be aware that they may only recover a nominal amount as a part of a class action lawsuit. It may, therefore, be in investors’ best interest to acquire a securities arbitration lawyer to file an arbitration claim on their behalf.

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In a recent 4-1 vote, SEC commissioners decided to invite public comment related to a proposal for how to put an end to decades of limits imposed on startups and private funds in their pursuit of investors. Together with the mutual fund industry and investor protection groups, stock fraud lawyers look upon the new JOBS Act with criticism. The Act will essentially, as part of an effort to increase fledgling companies’ funding options, end the advertising ban on hedge funds. Reportedly, hedge funds will possibly be able to conduct wide advertising campaigns, as opposed to the current strategy of closed-door solicitation to individual investors.

JOBS Act for Hedge Fund Advertising Faces Criticism from Investor-Protection Groups

According to securities arbitration lawyers, concern related to the JOBS Act comes from the possibility that a restriction-free lift of the ban could result in some private funds exposing investors to misleading advertisements. Securities laws have previously only allowed firms to solicit non-public securities to “accredited” investors, who were usually wealthy, frequent investors. Furthermore, these investors would have needed an existing relationship with the firm. 

While individuals who qualify for the investments will still need to have over $1 million in assets or a minimum income of $200,000 a year, a lack of advertising restrictions would still expose individuals for which these investments are unsuitable to misleading solicitation. Furthermore, those individuals may not have the investment sophistication required to understand the risks of these products. According to stock fraud lawyers, this could be a situation that leaves investors susceptible to securities fraud.

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Investment fraud lawyers are currently investigating potential claims on behalf of the investors of Western Financial Planning Corp., based in San Diego. Reportedly, Western Financial Planning has been accused by the Securities and Exchange Commission of running a real estate investment scam. The alleged scam raised around $50 million from hundreds of investors around the nation.

Louis V. Schooler and Western Financial Planning Accused of Investment Scam by SEC

Early this month, a temporary asset freeze against the financial planning firm and Louis V. Schooler, the firm’s owner, was obtained by the SEC. Securities arbitration lawyers say the SEC’s allegations state that Schooler and Western Financial sold units in partnerships, organized by Western, for the purchase of vacant land located in Nevada. Reportedly, the land would then be held to be sold at a later date for a profit.

According to the SEC’s claims, Western neglected to tell investors that they (the investors) would be paying outrageous mark-ups on the land. Investment fraud lawyers say that in some cases, mark-ups amounted to over five times the fair market value of the land. Furthermore, allegations state that Schooler failed to tell investors that the initial land purchase was financed by mortgages, which later encumbered the property.

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Stock fraud lawyers are currently investigating claims on behalf of investors of Icon Leasing Fund Eleven investors. A recent announcement stated that investors will not be able to withdraw their money from Icon for another seven years longer than originally agreed. ICON Leasing Fund Eleven LLC participates in the purchasing and leasing of various types of equipment to third parties in Europe, Canada and the United States. Based in New York and founded in 2004, Icon also provides equipment and other financing.

Icon Leasing Fund Eleven Investors may have Securities Arbitration Claim

Like any private placement, the high risks associated with Icon Leasing Fund Eleven investments are only appropriate for sophisticated, high-net-worth investors. However, according to securities arbitration lawyers, the commissions offered to brokers and brokerage firms for this investment were high enough that some broker-dealers recommended this investment to clients for whom it was unsuitable without adequately disclosing the risks associated with the investment. Furthermore, stock fraud lawyers say information that is now available indicates that many of the firms selling the product did not adequately perform the necessary due diligence.

The following investments made up the bulk of Icon Leasing Fund Eleven’s portfolio as of March 21, 2012:

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Securities arbitration lawyers are currently investigating claims on behalf of investors who suffered significant losses as a result of their investment in eight of the biggest non-traded REITs, including Dividend Capital Total Realty Trust Inc. According to a recent analysis, over the last seven years, eight of the biggest REITs have lost 37 percent of their equity value, or around $11.3 billion.

Dividend Capital REIT and Seven Other Non-Traded REITs Suffer Significant Losses

In July, Dividend Capital Total Realty Trust Inc. revised its per share value to $6.69, down from its March value of $8.45 per share. The Dividend Capital REIT raised $1.8 billion at a $10 per share price. Dividend Capital REIT president, Guy Arnold, failed to return calls seeking comment on the REIT’s performance. For more information about the Dividend Capital REIT, see the previous blog post, “Dividend Capital REIT Restructuring Could be a Sign of Trouble.”

Another non-traded REIT, CNL Lifestyle Properties Inc., experienced a share price drop to $7.31. The CNL Lifestyle Properties REIT raised $2.7 billion at a $10 per share price, according to investment fraud lawyers.

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Securities arbitration lawyers currently are investigating claims on behalf of investors who suffered significant losses in various mutual fund investments. A number of mutual funds experienced a gross underperformance in the 2011 market. Investors of these mutual funds have lost a large portion of their investments.

Mutual Fund Investors Could Recover Losses

According to stock fraud lawyers, Financial Industry Regulatory Authority rules have established that brokers and firms have an obligation to fully disclose all the risks of a given investment when making recommendations, and those recommendations must be suitable for the individual investor receiving the recommendation given their age, investment objectives, and risk tolerance. If a broker or adviser makes a recommendation that is unsuitable for their client, the broker or brokerage firm can be held responsible for the investor’s losses in Financial Industry Regulatory Authority arbitration.

The following is a list of mutual funds currently being investigated by securities arbitration lawyers:

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Investment fraud lawyers are currently investigating claims on behalf of individuals who invested with Lewis J. Hunter, a former broker in Michigan. A cease-and-desist and administrative proceedings order was recently instituted by the Securities and Exchange Commission against Hunter, who allegedly misappropriated money from his brokerage customers and, in turn, used the funds to pay personal expenses. The amount of money allegedly misappropriated is estimated to be around $300,000.

Victims of Lewis J. Hunter’s Fraud Could Recover Losses

The SEC’s Division of Enforcement’s allegations of misappropriation of funds state that Hunter promised guaranteed returns in both domestic and foreign bank investments while registered with HD Vest Investment Securities Inc. Further, the SEC’s claims allege that Hunter paid personal and business expenses with the funds and made false and misleading representations to conceal his actions from his clients. Reportedly, these misrepresentations included fabricating bank documents.

Based on the SEC’s allegations, securities arbitration lawyers believe that Hunter was a registered representative for HD Vest Investment Securities Inc. from November 15, 2006 through October 19, 2011. HD Vest Investment Securities is headquartered in Texas and is a registered broker-dealer. While registered there, Hunter reportedly became a partner in National Business Concepts LLC, purportedly in bookkeeping, accounting, business consulting, management and tax preparation.

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As a significant number of gas prepayment bonds ratings have been downgraded by Moody’s Investors Service, stock fraud lawyers are advising investors to be cautious regarding their investments in these bonds. As a result of downgrades in Goldman Sachs Group Inc., Citigroup Inc., JPMorgan Chase & Co., Credit Agricole Corporate & Investment Bank, Merrill Lynch & Co., BNP Paribas, Morgan Stanley, Royal Bank of Canada and Societe Generale, numerous bonds became subject to review and subsequent downgrades.

Investors Beware as Gas Prepayment Bonds Downgraded by Moody

Securities arbitration lawyers say this situation is similar in some ways to what happened when, after Lehman declared bankruptcy, Series 2008A of Main Street Natural Gas Inc. Gas Project Revenue Bonds were downgraded. In the case of the Lehman bonds, the bonds were not guaranteed by Lehman Brothers, though certain payment obligations of the gas supplier were guaranteed.

The following is a list of gas prepayment bonds that have been affected by downgrades:

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