FINRA arbitration is often the only form of litigation available to anyone with a securities dispute against a firm. The vast majority of companies that enable customers to trade and invest in the US are FINRA members, and entering arbitration rather than litigating through the conventional court system is typically built into the membership agreement.
Essentially, as soon as someone opens an account with a FINRA member firm, they legally commit to resolving disputes with FINRA’s oversight.
This may sound unfair, and it is easy to assume that FINRA would be more likely to side with its members rather than the member’s customers. However, the organization has a reputation to uphold, and it takes regulatory breaches extremely seriously.
Of course, financial institutions generally have sufficient resources to defend themselves aggressively, so investors that wish to pursue them need to have the same level of aggression on their side. The best way to ensure this is the case is to speak to a Miami FINRA arbitration lawyer from Zamansky LLC.
Call Zamansky LLC for Full Support During Brokerage Firm Litigation
Securities arbitration can be a daunting prospect for those that have never experienced it before. The very fact that investors need to make a case to the Financial Industry Regulatory Authority (FINRA) rather than pursuing finance firms through conventional litigation methods can lead to confusion and apprehension.
That’s why the Zamansky LLC team is standing by to help. As financial litigation specialists, we know exactly what to expect from securities disputes and have the utmost confidence in our cases, no matter the size and reputation of the other party and whether we are making that case in front of three arbitrators or fewer.
We pass that confidence on to our clients, who quickly understand that they have entered arbitration or FINRA mediation with every chance of success.
If you have suffered financial losses due to a breach of fiduciary duty or, indeed, any other illegal or unethical activity, arbitration from the Financial Industry Regulatory Authority could be the best possible way to put things right. Crucially, the Zamansky LLC team will support you at every stage of any securities disputes.
It all begins with an initial discussion, enabling us to understand you and your case and ensuring you can find out more about how we can help with your unique circumstances. If you need a Miami FINRA lawyer, call our Miami office now at 212-742-1414.
Why You Might Consider Litigation Against a Broker or Brokerage Firm
Generally speaking, you have a case against a broker or brokerage firm, or indeed any financial institution, if you have a real belief that you suffered losses as a result of the actions of those who advise you or manage your funds. Naturally, losses are part of investing, and very few investors get everything right. As such, the simple act of incurring financial losses is not grounds for seeking FINRA arbitration.
Some cases are clearly driven by investment fraud. This is a broad term that can lead to all manner of securities disputes and typically involves brokerage firms, finance professionals, and institutions deliberately acting dishonestly.
Ponzi schemes rank among the best-known and most egregious forms of investment fraud, but they are one of many examples, and investors should always do their research and seek trusted advice when considering investing in securities. Unfortunately, even the best due diligence cannot avoid every potentially fraudulent investment, but that is what FINRA arbitration is there for.
Breach of Fiduciary Duty or Negligence
While investment fraud is often the result of a deliberate effort to mislead investors, there is not necessarily any need to prove intent in order for someone to launch a FINRA arbitration case.
Both negligence and any breach of fiduciary duty can be intentional or accidental, but they can both result in a strong case for anyone seeking to approach the Financial Industry Regulatory Authority.
Something as simple as failing to take action on the basis of the latest information that a client could expect a broker to be aware of can fall into both of these categories. Subsequently, pleas of ignorance or a lack of time will not be looked upon kindly during the FINRA arbitration process.
Churning is another example of how a broker or brokerage firm might encourage investors to seek FINRA arbitration. It is both illegal and unethical and sees someone trusted by a client carrying out an unnecessarily excessive number of trades, usually with the goal of generating additional commissions.
The best way for investors to avoid churning is to take an active interest in their financial portfolio. Even if they rely on a broker or financial advisor to directly manage their portfolio, they should at least pay attention to account statements so as to identify any unusual activity before it results in severe losses.
Unlawful or Unethical Activities
Unfortunately, while the US financial markets are among the most tightly regulated in the world, it is impossible to identify those breaches until they happen. It is not uncommon for unethical or outright illegal activities in the securities industry to continue for months or even years before being identified.
The cases above may be classified as unlawful, unethical, or both, but it is vital to remember that this list is by no means exhaustive. If you feel that you have a case against a brokerage firm or other financial institution, there is never any harm in finding out for sure – especially when Zamansky LLC offers a no-obligation consultation.
Contact us today for a free case evaluation at 212-742-1414.
Some of Our Previous Successes with the Financial Industry Regulatory Authority
It could be argued that the FINRA arbitration process is something that is difficult to understand without having seen it for yourself, and our securities fraud lawyers have lived through it many times. Crucially, we are more than happy to share all the knowledge and expertise gathered throughout these cases to ensure our clients can reach a mutually acceptable resolution with those responsible for their losses.
Our previous cases have seen us support clients in claims against various institutions, from smaller investment firms to some of the largest brokerage firms in the world.
UBS Yield Enhancement Strategy Losses
The UBS Yield Enhancement Strategy (YES) became increasingly popular among large investment firms and saw brokerage firms selling calls or put options to increase returns for investor clients. Crucially, while this strategy works well in stable or consistent markets, any kind of market turbulence can quickly wipe out profits and potentially even leave investors exposed to extreme risk.
The strategy became even riskier due to the involvement of UBS’s “iron condor” structure. This enabled brokers and broker-dealers to purchase multiple uncovered options, which were only ever a period of market turbulence away from putting investors at severe risk.
Zamansky LLC was among the first law firms to aid clients in recovering their YES losses caused by increased volatility between 2018 and 2020. UBS was found to have sold the YES strategy as a safe option to increase profits, but the market volatility was such that it became increasingly unlikely, if not impossible, that investor clients would ever regain their losses on the open market.
Of course, when clients are misled, the open market is not the only option for recovering those losses.
A FINRA arbitration proceeding in December 2020 saw one investor awarded $90,000 in compensation from UBS. Two further cases in the Spring of 2021 saw investors receive $371,000 and almost $1 million in restitution following a FINRA arbitration hearing.
It was not only individual investors that took UBS to task over their actions, either. The US Securities and Exchange Commission also reached a landmark agreement with UBS over the Yield Enhancement Strategy, resulting in the firm paying almost $25 million in disgorgement, pre-judgment interest, and civil penalties.
Most securities matters of this nature involve a statute of limitations of six years, so there may still be time to claim. Investors that have suffered losses may wish to file a UBS YES lawsuit, and we will support you throughout FINRA arbitration to ensure you receive a settlement commensurate with your losses and exposure.
If you have suffered UBS Yield Enhancement Strategy losses, you should contact our Miami FINRA attorney at the earliest opportunity at 212-742-1414.
GWG Holdings L Bonds Fraud
GWG Holdings Inc. (GWG) shocked the financial world in January 2022 when it defaulted on L bond interest payments. Reputable broker-dealers across the United States had previously sold these bonds as being safe and ideal for the risk-averse, including those that had already retired.
As the default suggests, this was not the case. Every bond loss lawyer at our law firm was already aware of the risks and had already started investigating the cause of the upcoming default. It left investors facing substantial losses and little hope of recovering those investment losses in the market, but we had already identified the fact that they were not a suitable investment vehicle for even the moderately risk-averse.
Fortunately, investors that lost out had the option of FINRA arbitration.
Investors continue to work with Zamansky LLC to recover their losses thanks not only to our excellent service but also due to our in-depth knowledge of the circumstances around the case. Having already identified issues with GWG itself and the broker-dealer Emerson Equity LLC as potentially carrying out misselling and other misconduct, we were well-positioned to support investors in their litigation.
The GWG case also highlights the fact that Finra arbitration can do more than just help investors to recover losses. GWG Holdings filed for Chapter 11 bankruptcy in April 2022, ensuring that it will never again be able to breach securities laws and cause financial losses for investors.
Of course, that also means that investors that suffered financial losses and wish to undertake FINRA arbitration to recover them should act as quickly as possible. Call our team for a free case evaluation today at 212-742-1414.
Why Zamansky LLC is the Best Choice to Support Your Case
If you are looking for a FINRA arbitration lawyer in Miami or a specialist bond loss lawyer, it is worth taking the time to make the right choice. At Zamansky LLC, we are immensely proud of the reputation that our law firm has cultivated for putting clients first, doing everything we can to ensure they put forth the strongest possible case and, ultimately, achieve the outcome they desire after the arbitration process begins.
Remember, it costs nothing but a few moments of your time to find out if you have a case, as the initial consultation with our team is completely free and without any obligation.
Beyond that, there are a number of key reasons why we believe that we are the ideal choice for any investor seeking to resolve securities disputes through FINRA arbitrations.
Local Knowledge and Expertise
If you need a Miami FINRA arbitration attorney, why not work with one that not only provides first-class legal advice but also understands the local area and can meet you in person?
Our head office is in the heart of Wall Street, ensuring we have our finger on the pulse of the latest developments in the securities industry. Our other office is located in Miami, ensuring we can help individual investors across Florida to get what they deserve from brokerage firms.
It also means that we can aggressively prosecute brokerage firms and other financial institutions on behalf of our clients, no matter where either the brokerage firm or the client is physically located.
Extensive Experience Working With the Financial Industry Regulatory Authority (FINRA)
As professionals that have been involved in securities matters for more than six decades collectively, it is fair to say that we have a broad understanding of what FINRA arbitration entails.
We have helped individual investors with securities disputes through arbitration and FINRA mediation to ensure that any brokerage firm that is guilty of negligence, investment fraud, or other misconduct must compensate investors accordingly.
Of course, experience is nothing without a track record of success, and we know what it takes to win. That’s why we take on the majority of our cases involving securities matters on a contingency basis.
An Excellent Track Record
Our FINRA arbitration attorneys in Miami are open and honest from the initial consultation. We understand that our clients have enough to think about when considering litigation without being treated with anything other than respect and honesty. As such, we will work diligently to gather all the facts surrounding your case and inform you of exactly what you can expect from the arbitration process.
The Personal Touch
Investment losses never make for a pleasant experience, but if they come about due to the actions of someone else and are completely beyond your control, you need support from someone that understands your situation.
While parts of every case will be “by the book” – the FINRA arbitration process remains the same in every case, for example – our team prides itself on taking the time to listen and understand during the initial consultation, ensuring we can put together a strategy that perfectly suits your needs.
If You Are Considering Securities Arbitration, Call Zamansky LLC Today
Putting forward a case in front of an arbitration panel can be a daunting prospect and one that requires a combination of legal expertise and personal support. That is exactly what our securities fraud lawyers seek to provide.
We will stand alongside you at every step of the way, from the initial discussion about your case all the way to standing in front of the FINRA arbitration panel. We will work with you throughout to ensure we can ultimately add your litigation to our list of successful FINRA arbitration cases!
The initial phone call involves a no-obligation consultation, and it comes at no cost, so whether you are confident that brokerage firms or other financial institutions have caused your losses directly or you would like to speak to a qualified professional about your concerns, we are standing by to help.
Call our Miami offices today at 212-742-1414 to discover exactly how we can support you through the FINRA arbitration process and help you to find a mutually acceptable resolution.