Florida Investment Fraud Attorneys

Investment Fraud Team Lead
Founding Attorney
Renowned as a retirement paradise, Florida’s wealth management industry thrives. However, that economic strength and potential also draws in those who want to exploit investors. If you believe that a broker, an investment advisor, or another industry professional misled you, you have rights and may be able to pursue recovery for your losses.
Oberheiden Law Group represents victims of investment fraud, including those located in Florida. We have meeting locations in South Florida—including in Miami and West Palm Beach—to the Florida panhandle. We are committed to enforcing the rights of Florida investors and committed to helping investors seek recovery for lossses caused by misconduct in the financial services industry.
What is Investment Fraud?
Investment fraud comes in many forms, but it generally occurs when someone engages in a deceptive act involving an investment or a security. Here are some common examples of investment fraud:
- Churning. Traditionally, securities brokers earn money through commissions, meaning they receive a percentage of the trades executed on client accounts. A churning scheme exploits this payment structure by engaging in excessive trading. However, you may notice your broker charges a flat fee or a fee based on the amount in your brokerage account. A reverse churning scheme is a modern type of investment fraud where brokers avoid trading on certain accounts and charge high management fees for essentially no work on their part.
- Ponzi Schemes. In this scheme, investors are duped into believing the fraudster is running a reputable business and delivering on a promised rate of return. However, the fraudster is actually paying older investors whenever they receive payments from new investors.
- Unauthorized Trading. Securities brokers must adhere to industry regulations to execute a trade and act within the scope of their authority. Clients generally have two types of brokerage accounts: non-discretionary and discretionary accounts. In non-discretionary accounts, a broker makes trades with the client’s consent. In discretionary accounts, a broker does not need consent for every transaction within an approved scope of authority but may need approval for certain atypical transactions. In both types of accounts, a broker commits an investment fraud when they either trade without the consent of the client or trade beyond the scope of their approved authority.
- Unsuitable Investments. Under SEC rules, securities brokers must act in the “best interest” of their client. Further, Financial Industry Regulatory Authority (FINRA) rules specify that brokers must have a reasonable basis that a recommended investment is suitable for a customer. Additionally, investment advisors also owe a duty to give suitable advice to their client. For example, an unsuitable investment recommendation may be when a broker or advisor recommends a risky stock to a risk-adverse client saving for retirement.
How Investment Fraud Cases Work
Each investment fraud case looks different. Different types of fraud involve certain agencies, laws, rules, and/or regulations. For example, FINRA registers broker-dealer firms and brokers, but not investment advisors, which fall under the SEC’s purview. Therefore, FINRA rules generally do not apply to registered investment advisors. However, there may be instances where a professional is dual-licensed. This is only one example of the complexity of financial services laws, rules, and regulations, making it critical to consult an experienced attorney knowledgeable in these distinctions.
When you choose to retain an experienced Oberheiden Law Group attorney, your case may go through different stages:
- Case Evaluation. Oberheiden Law Group attorneys start with an evaluation of the case, analyzing the types of investment fraud at issue. Our investment fraud attorneys thoroughly review investment documentation, including any account statements and correspondence.
- Fact Gathering. With the help of our financial experts, our attorneys want to root out facts for your case. Our team benefits from the expertise of former IRS and FBI agents. This process varies depending on the type of claim. For example, an unsuitability claim may involve a review of your financial profile, the investment you were recommended, and what information the broker had about the investment at the time they recommended it. We may also investigate the broker, the broker-dealer firm, and other associated persons for similar current or past fraud claims.
- Filing a Claim. After collecting information on your case, you may choose to file a complaint. Oftentimes, clients at broker-dealer or investment advisory firms sign agreements containing forced arbitration clauses, meaning that any dispute about the services must be resolved through arbitration. This clause may ultimately decide your claim’s forum for you. Our attorneys at Oberheiden Law Group have experience representing clients in arbitration forums. If arbitration is not forced, you may choose to file a claim in state or federal court.
- Discovery. After filing a claim, you should expect some additional fact-gathering. Using discovery tools, either party can request further information about facts relevant to the dispute. At this stage, Oberheiden Law Group attorneys may request and analyze internal documents, such as policy documents, prospectuses, suitability analyses, or other types of documents relevant to your claim.
- Negotiation. Waiting for a trial or hearing is both time-intensive and costly. Our investment fraud attorneys engage in settlement negotiations on your behalf to try to resolve matters before they escalate. Negotiation may occur at any point in the legal process, such as when a complaint is filed or during discovery.
- Litigation and Arbitration Representation. Regardless of the forum, Oberheiden Law Group attorneys are experienced in representing clients before juries, judges, and arbitration panels. Our Florida investment fraud attorneys advocate to pursue favourable resolutions for our investment fraud clients.
Get Your Free Consultation with a Florida Investment Fraud Lawyer
At Oberheiden Law Group, our securities fraud lawyers represent clients across Florida who have suffered investment losses due to brokerage firm misconduct, stockbroker fraud, or breach of fiduciary duty. Whether your claim involves a stock brokerage firm, securities dealers, or violations of securities and exchange commission rules, our attorneys are dedicated to helping you pursue recovery for investment losses and protect your investor rights. We understand how brokerage firm negligence can devastate your financial goals, and we provide strategic legal representation on a contingency fee basis—clients do not owe fees unless compensation is obtained. Our Florida investment fraud attorneys frequently handle disputes in securities arbitration forums, where we represent investors against major firms and advisors who have failed to act in good faith or prioritize client interests.
Our experienced attorneys have extensive experience guiding clients through the arbitration process and litigation involving fiduciary duty violations, mismanagement, and fraud. We carefully evaluate each client’s financial history and investment documentation to identify misconduct and pursue claims under federal and state securities laws. When brokerage firms, securities dealers, or advisors fail to act prudently, we hold them accountable. We work diligently to pursue outcomes consistent with your financial goals and help you regain confidence in the financial system. Our securities fraud lawyers understand that every case is unique, and our mission is to help you move forward after financial loss. Contact Oberheiden Law Group today for legal counsel and a free consultation with Florida investment fraud attorneys about your investment fraud claim.
Investment fraud can be detrimental to someone’s life savings or financial future, and filing a legal action can potentially recoup that financial loss. Contact Oberheiden Law Group today for a case consultation. Message us through our website or give us a call at 866-781-9539.
Further Information About Our Investment Fraud Services
- Broker Fraud & Misconduct Lawyers
- Ponzi Scheme Fraud Lawyers
- Florida Investment Fraud Lawyer
- FINRA Arbitration Attorney
- FINRA Arbitration Awards
- Securities Fraud – SEC Defense Lawyer
Geographic Locations of Our Investment Fraud Services
Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.