ahmadlara49's Space http://ahmadlara49.posterous.com Most recent posts at ahmadlara49's Space posterous.com Thu, 19 Jan 2012 20:50:00 -0800 Four Common Violations by Securities Brokers and Authorized Agents http://ahmadlara49.posterous.com/four-common-violations-by-securities-brokers http://ahmadlara49.posterous.com/four-common-violations-by-securities-brokers It is really an unfortunate proven fact that securities fraud is rampant within the financial services industry exposing unsuspecting investors to major losses. In case you are involved with a securities arbitration proceeding or if perhaps you are feeling you're victim of securities fraud, speak with a seasoned securities fraud attorney to explore your choices.

Below are four of the very most common violations by securities brokers:

1. Broker Recommended Unsuitable Products in Violation of the Suitability Standard

Under Section 10(b) with the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, brokers may recommend just those securities and investment strategies which can be suited to their potential customers. See 15 U.S.C. 78j(b), and 17 C.F.R. 240.10b-5. To get a recommendation to be considered suitable, an agent dealer must, look at a client's investment objectives, carefully study the proposed investments, and clearly explain the hazards from the proposed investment towards the client. See FINRA Rule 2310. Brokers or advisers will often market financial loans as safe investments if the goods are actually very risky using a real risk of loss. Such risky items are often not consistent with a client's allocation objectives. Furthermore, brokers and advisers often don't carefully study the proposed investments just before recommending these to clients. These along with other such failures strongly support a finding that unsuitable products were recommended towards the client violating the suitability standard.

2. Broker Involved in Misrepresentations, Omissions and Common Law Fraud

Similarly, under section 10(b) of the Securities Exchange Act and Rule 10b-5, an agent might not misrepresent or neglect to disclose material facts within the sale or recommendation of your investment. The most popular law fraud doctrine offers a similar protection for investors under state guiidelines and usually provides that the broker dealer should never knowingly make misrepresentations or omissions of the material fact where a trader relied for the investor's detriment. Frequently, senior managers will instruct their brokers to convince clients to buy and hold risky funds without the proper disclosure to clients. Such actions point to fraud, misrepresentation or omission violating Rule 10b-5 as well as the common law fraud doctrine.

3. Broker Engaged in Excessive and Unnecessary Trading ("Churning")

It really is well settled that brokers may not take part in transactions that are excessive because with the nature from the customer account to be able to gain additional commissions. To be able to prove that such churning has occurred, a claimant must demonstrate that the respondent had power over the account in question, that excessive trading did in reality occur understanding that the respondent had the intent to deceive, manipulate or defraud. See generally Carras v. Burns, 516 F.2d 251, 258 (4th Cir. 1973). The intent element can be shown by evidence of a high turnover ratio that is inconsistent the customer's stated interests. See generally Mihara v. Dean Witter & Co., 619 F.2d 814, 820 (9th Cir. 1980). With non-discretionary accounts, the control element could be met where the client routinely follows the recommendations of the broker. Id. A red light is where you find a number of "in-and-out" trades in seemingly comparable equity securities causing a turnover ratio which can be unusual for a typical client account.

4. Broker Breached their Fiduciary Duty

In most cases, brokers have a duty to behave with all the highest level of honesty and loyalty plus the most effective interest of the clients regarding matters inside the scope of the broker-dealer relationship. See for instance Leib v. Merrill Lynch, Pierce Fenner and Smith, 461 F. Supp. 951, 953 (1978). These duties include recommending securities only after careful study of risks, adequately informing your client concerning risks a part of each transaction, and refraining from misrepresenting or omitting any fact material towards the recommended transaction. Id. A fiduciary duty to provide ongoing review, analysis and support with regards to investment recommendations may also arise if there is certainly greater than an arms-length relationship between the registered rep as well as the client. Id.

Disclaimer: The information with this website has been ready for informational purposes only and cannot be construed as legal counsel. The material posted on this internet site is not meant to create, and receipt than it doesn't constitute, a lawyer-client relationship, and readers must not do something about it without first discussing with counsel.

For more info about FINRA Investment Arbitration Lawyers just refer to our sites for FINRA Investment Arbitration Attorney.

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Sun, 15 Jan 2012 23:02:00 -0800 Four Typical Violations by Securities Brokers and Subscribed Representatives http://ahmadlara49.posterous.com/four-typical-violations-by-securities-brokers http://ahmadlara49.posterous.com/four-typical-violations-by-securities-brokers It's an unfortunate proven fact that securities fraud is rampant within the financial services industry exposing unsuspecting investors to major losses. If you are associated with a securities arbitration proceeding or if perhaps you're feeling you are the victim of securities fraud, talk to a seasoned securities fraud attorney to discover your options.

Listed here are four of the very most common violations by securities brokers:

1. Broker Recommended Unsuitable Products in Violation of the Suitability Standard

Under Section 10(b) with the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, brokers may recommend solely those securities and investment strategies which can be suitable for their potential customers. See 15 U.S.C. 78j(b), and 17 C.F.R. 240.10b-5. For any recommendation to be considered suitable, a broker dealer must, look at a client's investment objectives, carefully study the proposed investments, and clearly explain the risks associated with the proposed investment for the client. See FINRA Rule 2310. Brokers or advisers will often market financial products as safe investments if the items are in reality very risky using a real risk of loss. Such risky goods are often not in keeping with a client's allocation objectives. Furthermore, brokers and advisers often do not carefully study the proposed investments just before recommending them to clients. These along with other such failures strongly support a finding that unsuitable products were recommended to the client in violation of the suitability standard.

2. Broker Involved in Misrepresentations, Omissions and customary Law Fraud

Similarly, under section 10(b) of the Securities Exchange Act and Rule 10b-5, a broker might not misrepresent or fail to disclose material facts within the sale or recommendation of the investment. The most popular law fraud doctrine offers a similar protection for investors under state law and generally provides that the broker dealer mustn't knowingly make misrepresentations or omissions of your material fact upon which an angel investor relied towards the investor's detriment. Frequently, senior managers will instruct their brokers to convince clients to purchase and hold risky funds with no proper disclosure to clients. Such actions point out fraud, misrepresentation or omission violating Rule 10b-5 as well as the common law fraud doctrine.

3. Broker Engaged in Excessive and Unnecessary Trading ("Churning")

It is well settled that brokers may not engage in transactions that are excessive in view with the nature of the customer account to be able to gain additional commissions. In order to prove that such churning has occurred, a claimant must demonstrate that the respondent had control of the account in question, that excessive trading did in fact occur and that the respondent had the intent to deceive, manipulate or defraud. See generally Carras v. Burns, 516 F.2d 251, 258 (4th Cir. 1973). The intent element could be shown by evidence of a top turnover ratio that is inconsistent the customer's stated interests. See generally Mihara v. Dean Witter & Co., 619 F.2d 814, 820 (9th Cir. 1980). With non-discretionary accounts, the control element could be met where the client routinely follows counsel from the broker. Id. A red flag is how you find a number of "in-and-out" trades in seemingly comparable equity securities resulting in a turnover ratio which is unusual to get a typical client account.

4. Broker Breached their Fiduciary Duty

Generally speaking, brokers use a duty to behave with the highest level of honesty and loyalty and in the most effective interest of their clients regarding matters within the scope of the broker-dealer relationship. See for example Leib v. Merrill Lynch, Pierce Fenner and Smith, 461 F. Supp. 951, 953 (1978). These duties include recommending securities only after research of risks, adequately informing the customer concerning risks involved with each transaction, and refraining from misrepresenting or omitting any fact material for the recommended transaction. Id. A fiduciary duty to offer ongoing review, analysis and support with regards to investment recommendations may also arise in instances where there's greater than an arms-length relationship involving the registered rep and the client. Id.

Disclaimer: The content of this website may be ready for informational purposes only and should not be construed as legal services. The material posted on this internet site just isn't meant to create, and receipt from it doesn't constitute, a lawyer-client relationship, and readers shouldn't do something about it without first discussing with counsel.

For more info about FINRA Investment Arbitration Lawyers just refer to our sites for FINRA Investment Arbitration Attorney.

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Sat, 07 Jan 2012 23:20:00 -0800 Texas Truck Accident Lawyer - May i Help You? http://ahmadlara49.posterous.com/texas-truck-accident-lawyer-may-i-help-you http://ahmadlara49.posterous.com/texas-truck-accident-lawyer-may-i-help-you Texas truck accident happen more often than you almost certainly realize. It's rarely a fairly sight whenever a truck crashes into a smaller vehicle. Typically, the driving force from the smaller vehicle are at fault. Car drivers often jump into lanes with trucks, without signaling or realizing how close they may be to the truck. However, an accident having a truck might not be the car driver's fault. In the event it describes your accident, maybe you need a texas truck accident lawyer.

Causes of Contacting a Texas Truck Accident Attorney

1. A truck driver ran you off course and totaled your car. Surely you will need help investing in repairs or finding a new car. When the truck driver has insurance, which may take care of your expenses. Even though he does have insurance, you might still desire to contact a lawyer. The truck driver's insurance provider might balk at providing you with the cash you actually deserve. In the event the truck driver doesn't have insurance, you will want a accident attorney that will help you sue the motive force for damages.

2. A truck driver crashed in your car and you're seriously hurt. Injuries may cause a myriad of problems. You might lose your work, will not be able to be effective or are afflicted by painful, permanent damages. In this case, you will likely wish to sue even if insurance coverage is involved. So your insurance should cover your medical expenses.

The truck driver's insurance should cover your automobile and perhaps a few of your medical damages also. However, what are the results if neither of you have insurance? This is when you certainly contact a lawyer. You will need help getting that which you are owed.

3. The truck driver is suing you however it wasn't your fault. This is a common case of your word from the truck driver's word. You will need a lawyer to help you navigate the minefield. This kind of case will most likely involve contacting witnesses and police officers. It could get yourself a little dirty of all time throughout. However, should you are really innocent, you've got no provocke worry.

If you are lucky, you will never have to face these situations. However, if the worse does happen a minimum of you'll know how to proceed. Contact a texas truck accident lawyer for help at the earliest opportunity. Request recommendations from family and friends. Look for a texas accident lawyer you could trust, and something that produces you feel comfortable. Like my pages on Facebook http://www.facebook.com/profile.php?id=100003234962888.

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Thu, 05 Jan 2012 18:34:00 -0800 FINRA Form 211 and Getting Your Trading http://ahmadlara49.posterous.com/finra-form-211-and-getting-your-trading http://ahmadlara49.posterous.com/finra-form-211-and-getting-your-trading To obtain your trading, regardless of how you became public, you have to get the stock quoted on the Pink Sheets, OTCBB markets or over a stock exchange. For small companies this means getting the trading around the Pink Sheets or OTCBB.

To have a trading market you will need one or more market makers. Forex trading maker should be a broker-dealer who is a member of FINRA and registered with all the SEC.

To start trading, one market maker must file a Form 211 using the Financial Industry Regulatory Authority, FINRA, and create a market in your stock.

A FINRA rule says that market makers are not meant to charge any fee for filing an application 211. We polled every one of the market makers from Pink Sheets this past year and all of them but one wanted a $10,000 "due diligence" fee or some such to file the Form 211. Due to the expense and time involved, and also the likelihood that filing for a dishonest clients are a bad reflection in it, we could hardly blame them for thinking of doing homework. Besides that, we believe an industry maker needs to be ready to file a questionnaire 211 whether it believed that substantial business would develop in trading the stock. Market makers generate income mainly on volume.

FINRA processes the proper execution 211 as well as there be adequate non-affiliated shareholders with free trading stock to make trading inside the stock possible. They don't want this stock being concentrated using some hands.

You will need to document in more detail how this stock was offered and sold and prove that this is at full compliance with the securities laws and rules of the SEC and also the states. This stock has to bought inside a real transaction for investment rather than just gifted towards the shareholders.

You will have to prove that the company is not just a shell as defined in Rule 144. You'll have to reveal that you are in a genuine business with assets and a minimum of be described as a development stage company.

You will need to create a shareholder list from the transfer agent clearly showing free trading stock and an opinion of your securities lawyer that stock is certainly free trading stock and not restricted FINRA may stop the proper execution 211 if you have any experience of unsavory characters or if there's anything else they don't agree to.

If FINRA doesn't approve your Form 211, there is a to appeal to the SEC. We might expect that these appeal is likely to be unsuccessful.

For more info FINRA Investment Arbitration Lawyers and FINRA Investment Arbitration Attorney just click the links

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Mon, 26 Dec 2011 06:38:00 -0800 Finding the Right Divorce Lawyer or Family Lawyer http://ahmadlara49.posterous.com/finding-the-right-divorce-lawyer-or-family-la http://ahmadlara49.posterous.com/finding-the-right-divorce-lawyer-or-family-la Discovering the right houston divorce lawyer or houston family Lawyer. Going through a divorce may be an extremely stressful process for parties and the children which are involved. There are variety of issues being addressed when experiencing a divorce, including division of property to custody agreements. It may get difficult when there are additional assets involved like a family business that should be divided. Deciding on the best houston houston divorce lawyer will help ease the whole process of a divorce making things seem less complicated.

Houston divorce law change from state to state therefore it is far better to consult a lawyer who specializes in family law. You would like to ensure your family lawyer gets the experience that is necessary. Additionally it is crucial that you take a look at lawyer and make sure she or he is an expert in handling cases associated with infant custody, supporting your children, spousal support, division of property, property valuation, business valuation, professional practice valuation, and division of retirements and investments. Also, post divorce problems that may arise for example modification of child support, custody, spousal support, or dividing assets not disclosed from the other party inside the original houston divorce case. Along with expertise, you would like to pick a houston family lawyer that's compassionate, personable, plus an effective communicator. The process of a houston divorce lasts a long time, it is essential that you simply keep a good relationship with your lawyer.

There is no doubt that the divorce is both financially and emotionally draining on parties which are involved. An alternative to the standard court process is collaborative divorce. On this process, the parties along with their lawyers discuss methods to amicably resolve their case without relating to the courts. This can save a lot of money and diminish emotional distress for both parties involved and the children.

It's important that you locate a family law attorney who specializes in divorce cases, including divorce, custody and division of property, and also the attorneys who specializes in handling divorce cases. In addition to these services guarantee the lawyer offers context of litigation, collaborative divorce, and mediation, at the appropriate interval, employ financial planners, accountants, appraisers, mental health persons, as well as other visitors to assist you in the method.

Family law offices have used the entire process of collaborative divorce to eliminate divorce cases. You must do some research to get the best family law attorney who provides an attorney for your local city.

houston family attorney - houston divorce lawyer - attorneys child support in houston

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