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What Evidence Do You Need to File a Securities Arbitration Claim?

July 16, 2021 Blog

If you are a victim of securities fraud, there are several types of evidence you can use to prove your claim against your broker or advisor. This includes evidence you have in your possession already, evidence your securities fraud attorney can seek to obtain from your broker or advisor through the discovery process, and evidence your attorney can seek to obtain through other means.

Types of Evidence Investors Can Present in Securities Arbitration

When you have a claim against your broker or advisor, the more documentation you can present in securities arbitration, the better. Some of the key pieces of evidence you may currently have in your possession include:

  • Your contract with your brokerage firm or investment advisory firm
  • Your account statements from before, during and after the suspected fraud
  • Disclosures, letters, notices and other formal communications you received from your broker or advisor
  • Emails, text messages, voicemails and other correspondence from your broker or advisor
  • Documentation of your education and employment background

Some examples of additional evidence your securities fraud attorney may be able to obtain through the discovery process include:

  • Internal communications between your broker or advisor and his or her supervisor or other firm personnel
  • Internal memoranda and other documents circulated within the brokerage firm or investment advisory firm
  • Your broker’s or advisor’s communications with third parties related to the investment recommendations you were provided
  • Prospectuses, research papers and other documents pertaining to the investments your broker or advisor recommended

Your securities fraud attorney may be able to collect various other pieces of evidence as well. For example, your attorney can review your broker’s or advisor’s disciplinary history—and use any relevant disciplinary action to help prove that your broker or advisor has engaged in prohibited conduct in the past. Your attorney can also determine if your broker or advisor is the subject of an ongoing federal securities fraud investigation. In many cases, it will be necessary to provide expert analysis of investors’ losses, and your attorney can engage an expert to prepare a report and testify at your securities arbitration hearing if necessary.

There are many additional forms of evidence that can be used to prove stockbroker negligence or investment advisor fraud. Once you engage a securities fraud attorney to represent you, your attorney will examine the facts of your case and determine what specific types of evidence are needed. Your attorney will need any information you are able to provide. So, in addition to collecting the documents listed above, it will be helpful for you to take notes detailing why you believe you are a victim of investment fraud as well.

Talk to a Securities Fraud Attorney About Filing for Arbitration

The securities fraud attorneys at Zamansky LLC have decades of experience helping investors recover their fraud losses through arbitration with the Financial Industry Regulatory Authority (FINRA). If you have a claim, we can help you collect the evidence needed to prove your legal rights. To get started with a free and confidential consultation, call 212-742-1414 or tell us how we can reach you online now.