If you have experience with investing, you already understand that the process comes with inherent risks that you must be ready to face. That said, sometimes your loss of investments is not your fault and instead is due to issues like broker misconduct, excessive or unauthorized trading, Ponzi schemes, and more. When this is the case, working with an Arizona investment loss recovery lawyer can help you understand your options for recovering losses. The attorneys at The Rosenberger + Kawabata help Arizona investors recover money lost due to broker misconduct, Ponzi schemes, and unauthorized trading.
If you believe you’ve been the victim of fraud or misconduct, you can attempt to recover investment losses through arbitration, litigation, or regulatory channels.
Arbitration is a traditional form of resolving a private dispute without getting the court involved. Typically, arbitration is administered by a private organization that sets the rules for how the process is to be conducted. An arbitrator makes a decision at the end of the hearing that is subject only to a limited court review, making arbitration an adjudicatory, binding process as opposed to advisory.
Litigation refers to the process of resolving disputes through the court. This includes filing a case, formally exchanging information, and going to trial and an appeal when applicable. This process also deals with the administrative or regulatory steps that a plaintiff must take to establish the case
Recovering investment losses through regulatory channels involves seeking restitution from the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). The SEC exists to protect investors and ensure market integrity. FINRA operates under the SEC to handle the regulation of broker-dealers. As of 2023, FINRA has 638,392 representatives and processes $546 billion market events daily. They also issued $88.4 million in fines.
Investment fraud comes in all shapes and sizes, so it can be challenging to identify when it’s happening to you. Here are some types of fraud that you can be on the lookout for to protect yourself from potential investment loss:
At the end of 2024, an Arizona man was charged with defrauding over 50 people in an investment fraud scheme. By portraying himself as a successful investor, the man collected more than $5.6 million through a fraudulent business called Legacy Investors Group Inc. He then proceeded to use the victims’ money on things like credit card payments, gambling, living expenses, and luxury vehicles.
FBI Phoenix also issued a warning to the public in 2022 about an increase in email account compromise fraud. The FBI’s Internet Crime Complaint Center reported a loss of nearly $2.4 billion nationally. Arizona accounted for more than $22 million of those losses.
These are just a few situations that occur every day across the country, highlighting the importance of having good representation when you fall victim to investment fraud.
Investors can have a hard time identifying the true cause of their financial or investment setbacks, often attributing their misfortune to shifts in the market or their own mistakes. The harsh reality is your broker or financial advisor could be the culprit. If you suspect your trusted broker is mismanaging your funds, an Arizona investment loss recovery lawyer can help you investigate and guide you toward the path to recovery.
By working with an Arizona investment loss recovery lawyer, you can explore legal avenues to obtain key pieces of evidence that bolster your case and can help you recover the appropriate damages. Moreover, these types of attorneys have experience dealing with complex financial cases and understand important regulations – like Financial Industry Regulatory Authority (FINRA) rules.
The Financial Industry Regulatory Authority (FINRA) is a non-governmental, self-regulatory organization that is responsible for supervising its member broker-dealers. With oversight from the Securities and Exchange Commission (SEC), FINRA supervises its member firms and has accomplished actions such as writing and enforcing rules, identifying potential misconduct, and empowering investors with knowledge among other tasks.
Under Arizona law, all licensed residential contractors are required to provide financial protection to homeowners. This financial protection is called the Arizona Recovery Fund. This fund is available to claimants who own residential property and either occupy or intend to occupy it. Claimants cannot be laborers, subcontractors, suppliers, or commercial entities.
Depending on the nature of your investment and whether any fraud or misconduct occurred, you can take different avenues to get your money back from an investment. Typically, this involves reviewing the investment terms, contacting the investment entity, investigating for potential fraud or misconduct, and pursuing legal action.
You can search for abandoned or lost investment funds on the Arizona Department of Revenue’s Unclaimed Property database or contact the lender directly if you invested through a hard money loan.
If you suspect you’ve been a victim of breach of contract, fraud, negligence, or some other form of misconduct, you have grounds to sue for loss of investment in Arizona. Depending on your specific situation, you may be able to sue brokers, financial advisors, individuals, or third parties. It’s important to prove the loss of money or assets, wrongdoing on the defendant’s part, causation that links the defendant to your loss, and damages you are owed.
If you’ve experienced wrongful investment loss or some other form of fraud or misconduct, it’s wise to get in touch with an Arizona investment loss recovery lawyer to help you recover what you are owed.
At Rosenberger + Kawabata, we’re committed to ensuring our clients are treated with respect by holding the responsible parties accountable for their misconduct. Contact our offices to set up an appointment with our skilled attorneys today.