“Excessive Compensation Often Leads to Misconduct”
As one colleague recently pointed out, as a general matter, the investment products that are most prone to fraud, are the same investment products that offer the highest compensation. The stockbroker may be recommending the purchase of these securities to further their own pecuniary interest at the expense of the investor. These are often complex investment products, and often the investor does not even know, or is otherwise unaware of the compensation received as a result of these transactions.
For example, variable annuities may offer compensation in excess of 6-7% of a customer’s initial investment.
Similarly, non-traded Real Estate Investment Trusts or REITs offer may compensation in excess of 12% of a customer’s initial investment. Municipal bonds and corporate debt securities can be sold as principal, and notwithstanding a spread between the bid and what a seller is paid, and the offer, what a buyer is charged, current rules allow for the undisclosed mark-up of these transactions.
The same is true of Unit Investment Trusts, which may be inventoried and sold as principal, once again with undisclosed mark-ups of as much as 5%. Moreover, these same securities can be bought and sold with astounding frequency.
Similarly, structured products, including exchange linked notes, reverse convertible notes, and bond funds are frequently the investment products most associated with misconduct, because once again, in addition to the relatively larger commissions associated with the sale of these products by the broker, the brokerage firm generally earns significant compensation, and even significant on-going compensation in connection with the underwriting and affiliated management of these investments. Simple greed is often exacerbated by the failure to conduct due diligence, or a fundamental lack of understanding of the risks and characteristics of the securities being recommended, or “reasonable basis suitability.”
Most often they are taught the selling points on how to sell these securities to investors, but often do not understand the underlying mechanics of these often complex investments.
Common Defective Financial Products
A non-exhaustive list of the securities or investment products we see most often include:
Real Estate Investment Trusts (REITs)
Retail Bank Customer Referrals
Reverse Convertible Securities
Penny Stocks – Low Priced Securities
Variable Interest Rate Structured Products
Guiliano Law Group
Our practice is limited to the representation of investors in connection with claims against stockbrokers and investment professionals. We accept representation on a contingent fee basis, meaning there is no cost to you unless we make a recovery for you. There is never any charge for a consultation or an evaluation of your claim. For more information, contact us at (877) SEC-ATTY.
OUR PRACTICE AREAS
FINRA Arbitration
The litigation of individual and group investor claims against securities broker-dealers and investment professionals adjuducated in arbitration before the Financial Industry Regulatory Authority.
Defective Financial Products
Alternative Investments, Promissory Notes, Structured Products, High Yield Bond Funds, Non-Marketable Real Estate Investment Trusts, Inverse and Leveraged ETFs, the Failure to Conduct Due Diligence.
Unsuitable Investments
Speculative or High Risk Investment Recommendations, Unsuitable Investment Strategies, Low Priced Securities, Customer Specific Unsuitability, Inappropriate Investment Recommendations.
Stockbroker Misconduct
Breach of Fiduciary Duty, Churing, Unauthorized Trading, Fraud, Stockbroker Theft, Ponzi Schemes, the Sale of Unapprovied investments.
OUR PRACTICE AREAS
FINRA Arbitration
The litigation of individual and group investor claims against securities broker-dealers and investment professionals adjuducated in arbitration before the Financial Industry Regulatory Authority.
Defective Financial Products
Alternative Investments, Promissory Notes, Structured Products, High Yield Bond Funds, Non-Marketable Real Estate Investment Trusts, Inverse and Leveraged ETFs, the Failure to Conduct Due Diligence.
Unsuitable Investments
Speculative or High Risk Investment Recommendations, Unsuitable Investment Strategies, Low Priced Securities, Customer Specific Unsuitability, Inappropriate Investment Recommendations.
Stockbroker Misconduct
Breach of Fiduciary Duty, Churing, Unauthorized Trading, Fraud, Stockbroker Theft, Ponzi Schemes, the Sale of Unapprovied investments.
OUR PRACTICE AREAS
FINRA Arbitration
The litigation of individual and group investor claims against securities broker-dealers and investment professionals adjuducated in arbitration before the Financial Industry Regulatory Authority.
Defective Financial Products
Alternative Investments, Promissory Notes, Structured Products, High Yield Bond Funds, Non-Marketable Real Estate Investment Trusts, Inverse and Leveraged ETFs, the Failure to Conduct Due Diligence.
Unsuitable Investments
Speculative or High Risk Investment Recommendations, Unsuitable Investment Strategies, Low Priced Securities, Customer Specific Unsuitability, Inappropriate Investment Recommendations.
Stockbroker Misconduct
Breach of Fiduciary Duty, Churing, Unauthorized Trading, Fraud, Stockbroker Theft, Ponzi Schemes, the Sale of Unapprovied investments.
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