FAQ: Common Answers to Questions

Why retain Mathews Giberson LLP?

The Florida based attorneys at Mathews Giberson LLP are knowledgeable in evaluating potential claims due to stock broker misconduct. Utilize the experience of a former federal prosecutor to litigate your case and pursue a recovery.

What are the typical claims for stockbroker misconduct?

Some of the more common securities liability issues include: the placement of unauthorized transactions, the recommendation of unsuitable transactions, over-concentration of certain positions in an account, churning, annuity switching, failure to execute trades, excessive or unsuitable use of margin, selling away, theft from an account, negligent retirement advice, misrepresentations or omissions regarding investments, recommendation of variable annuities, forged documents, options fraud, unsuitable welfare benefit plans, abuse of a vulnerable adult, whistleblower, or negligent investment strategy.

What are some of the red flags that indicate fraudulent conduct?

Suspicious acts include: unauthorized transactions, large losses in unsuitable investments, over-concentration, failure to follow instructions, misrepresentation or omission in the purchase or sale of investments, forged documents and theft from an account. By no means is this list all inclusive. If you have questions about transactions in your brokerage account please contact the Florida securities attorneys at Mathews Giberson LLP to discuss it further.

Why arbitrate a securities claim?

Most brokerage agreements contain pre-dispute arbitration agreements that require the investors to arbitrate their disputes with their stockbrokers.

What are the advantages to arbitration?

Arbitration is generally more efficient and less costly than a court proceeding.

When should I file an arbitration claim?

Arbitration claims should be filed as soon as possible. If a claim is not filed in a timely manner the claim could be barred. Certain statute of limitations may apply to your case. Contact the Florida securities attorneys at Mathews Giberson LLP to discuss your case as soon as you can.

Can a FINRA Award be appealed?

Once a securities dispute is resolved through an arbitration proceeding, an arbitration award is final and binding. There are very limited grounds for appealing an arbitration award.

Can I still engage in Mediation?

Yes, you can still elect to participate in mediation even though a FINRA arbitration has been filed.

What is the advantage to Mediation?

Mediation is the opportunity to discuss your case with an unbiased third party who will assist the parties (Claimant and Respondent) reach a settlement. It is an opportunity for the parties to control the outcome rather than having a panel of arbitrators determine the outcome.

How long will it take to arbitrate my claim?

Typically, a majority of cases are resolved in 12-18 months (or sooner if the case is settled).

Are there fees associated with filing an arbitration claim?

Yes, FINRA charges a filing fee on a sliding scale based upon the amount of losses. In addition, the arbitrator receives fees for certain appearances and there are other costs as well.

Is there a minimum amount of damages that are appropriate to litigate?

Generally, investor losses of $100,000 or more are appropriate for the Florida securities attorneys at Mathews Giberson LLP to represent a client on a contingency-fee basis, however, in certain circumstances we are willing to entertain smaller claims. In no way should this discourage you from seeking alternative counsel.

How can I begin?

Call the Florida securities attorneys at Mathews Giberson LLP to discuss the facts and circumstances concerning your investment loss. Please be advised that Mathews Giberson LLP cannot represent any parties unless they receive a signed retainer agreement from the Firm. Contact us immediately.

Disclaimer:The answers provided in this section (or on this page) are for informational purposes only and do not constitute legal advice. If you believe you may have a claim, seek an attorney’s advice immediately.

Please contact us at 954-463-1929 to discuss your particular needs. We look forward to hearing from you.