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Meet Our Lawyers

Maddox Hargett & Caruso, P.C., represents investors who have sustained losses due to misconduct or fraud by stockbrokers, brokerage firms, insurance companies and other financial advisors. The firm includes a former State Securities Commissioner (Mark E. Maddox), a former broker (Thomas A. Hargett), and a former General Counsel to a national brokerage company (Steven B. Caruso).

To justify the hundreds of work-hours each case requires, MHC typically seeks engagements with investor clients who have lost $75,000 or more due to professional misconduct, negligence or fraud on the part of their investment advisor.

“It can be tempting in this business to settle cases too easily and cheaply, and not fight the fight. We try hard to strike a balance.” Mark Maddox

Mark E. Maddox

email: mmaddox@mhclaw.com
phone: 317.598.2043 fax: 317.598.2050

Mark Maddox

Mark E. Maddox is the founder of Maddox Hargett & Caruso, P.C. Since 1991, Mr. Maddox has concentrated his practice in securities law, representing hundreds of investors in disputes with stockbrokers and their firms.

From 1989 to 1991, Mr. Maddox served as the Securities Commissioner for the State of Indiana, eventually becoming the Chairperson of the International Enforcement Committee of the North American Securities Administrators Association. In 1991, Mr. Maddox left his employment with the State of Indiana and opened a private practice that represents investors in securities arbitration, litigation and regulation. Today the law firm Maddox founded, Maddox Hargett & Caruso, P.C., is one of the country's largest and most active firms representing aggrieved investors.

Maddox has also continued to work vigorously on consumers' behalf in the public arena. He served as president of the Public Investors Arbitration Bar Association (PIABA) on two occasions, in 1998 and 2000, and served on PIABA's board of directors for eight years, from 1994 to 2002. Mr. Maddox remains active in PIABA and has – as a voice for aggrieved investors – served on the NASD National Arbitration and Mediation Committee from 1996 through 1998, and again from 2002 through 2005. In 2004, Maddox became the first member of the investor bar to be appointed Chairman of this NASD rule making committee – a win for investors.

Mr. Maddox is a member of the Non-Industry Arbitration Panels of the New York Stock Exchange and the National Association of Securities Dealers Regulation, Inc. Maddox is also a member of the Indianapolis Bar Association, the Chicago Bar Association, the Indiana State Bar Association where he is a past Chair of the Securities Law Sub-Committee, and the American Bar Association where he has been active on the State Regulation of Securities Committee. Maddox has lectured for Continuing Legal Education on Securities Law, led securities-related seminars, and been published extensively on securities related topics. Mr. Maddox was admitted to practice before the Supreme Court of the United States in February of 1995. During his tenure as Securities Commissioner, Mr. Maddox also served on the Indiana Governor's Initiative on Economic Development Policy Panel. A native of Richmond, Indiana, Maddox earned his bachelor's degree at Indiana's Wabash College and his law degree at Vanderbilt University School of Law. He worked as an attorney at Ice Miller Donadio & Ryan in Indianapolis before being tapped for Indiana State Securities Commissioner.


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“Bad brokers think they can get away with it. We need to change the odds.” Tom Hargett

Thomas A. Hargett

email: tahargett@mhclaw.com
phone: 317.598.2052 fax: 317.598.2050

Thomas Hargett

Thomas A. Hargett graduated from Indiana University in 1980 with a Bachelor of Science degree in Business Administration. In 1983, Mr. Hargett graduated from Northwestern University, J.L. Kellogg Graduate School of Management, receiving a MBA with concentrations in finance and marketing. Mr. Hargett graduated from Indiana University School of Law, Indianapolis in 1994. Mr. Hargett's legal practice concentrates on providing representation to investors in securities arbitration and litigation..

Prior to Mr. Hargett's law school training, he was employed in various capacities in the securities industry: as an institutional fixed-income broker; a retail broker; a wholesale broker of limited partnerships, fixed annuities and variable rate annuities; a market-maker on the Chicago Board of Options Exchange; and a national sales manager for a mutual fund company.

In October 2002, Mr. Hargett represented a group of investors from Marion, Ohio, against Prudential Securities, Inc. After a five week jury trial the Marion investors were awarded $261,740,994. This award included $250,000,000 in punitive damages and has been reported to be the largest jury verdict in the history of Ohio and the largest securities class action verdict in history.

In addition to being a member of the Arbitration Panels at the National Association of Securities Dealers Regulation, Mr. Hargett is also a member of Public Investors Arbitration Bar Association where he has served on the Federal Legislation Committee. He belongs to the American Bar Association, the Indiana State Bar Association, and the Indianapolis Bar Association. Mr. Hargett is admitted to the Indiana State Bar and the United States Federal District Courts for both the Northern and Southern Districts of Indiana and the United States Court of Appeals for the Second Circuit.

Mr. Hargett has been a speaker and lecturer on securities related seminars and has been published on security related topics.


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“We believe that arbitrators should be properly classified and that there should be zero conflicts, either real or apparent.” Steven Caruso

Steven B. Caruso

email: sbcaruso@aol.com
phone: 212.837.7908 fax: 212.837.7998

Steven Caruso

Steven B. Caruso, the Resident Partner in the New York City office of Maddox Hargett & Caruso, P.C., earned his J.D. degree from the Hofstra University School of Law in 1980 after graduating from American University. Mr. Caruso is admitted to the New York State Bar, the United States Supreme Court, the United States Court of Appeals for the Second Circuit, the United States Federal District Courts for both the Southern and Eastern Districts of New York, and the United States Tax Court.

In October of 2002, Mr. Caruso was elected to the Public Investors Arbitration Bar Association Board of Directors, and just completed his term as President. The Public Investors Arbitration Bar Association is a national organization of lawyers who represent investors in securities arbitration and litigation.

Prior to his association with the firm, Mr. Caruso was associated with several brokerage firms in the securities industry and was engaged in the private practice of securities law, which concentrated on providing representation in securities arbitration and litigation matters. His prior securities-related positions include having served as General Counsel for a national brokerage firm with approximately 500 institutional and retail account executives in 15 branch offices; Managing Director of Corporate Finance and Investment Banking for a national brokerage firm with approximately 900 institutional and retail account executives in 33 branch offices; and Chairman of the Board of Directors of an Underwriter of an open-ended investment management company.

Mr. Caruso is a member of the New York City Bar Association, the American Bar Association (Section of Business Law, Securities Law Litigation Subcommittee), Public Investors Arbitration Bar Association, and previously served as a National Association of Securities Dealers arbitrator. Mr. Caruso has been a frequent speaker on numerous issues relating to the securities law and, in November of 1999, participated on the panel on Suitability Obligations in On-Line Investing that was hosted by the North American Securities Administrators Association in Washington, D.C. Mr. Caruso is the author of “Arbitrator Training in the Securities Dispute Arena,” The Review of Securities & Commodities Regulation (January 2005), “Discovery Objections Which are Irrelevant, Unduly Burdensome and are Reasonably Calculated to Lead to the Concealment of Admissible Evidence,” New York State Bar Association, Securities Arbitration (October 2004), “Model Arbitrator Instructions: Luxury or Emerging Necessity,” Practising Law Institute*, Securities Arbitration (August 2004), “Ethical Considerations in Settlement Agreements,” Association of the Bar of the City of New York (June 2004), “Examination of the Adverse Broker: Unimpeachable Questions With an Internet Twist,” Practising Law Institute, Securities Arbitration (August 2001) and “On-Line Trading: The New Frontier,” Practising Law Institute, Securities Arbitration (July 1999). Mr. Caruso is also the author of “NASD Arbitration Discovery Procedures: Knowing your Customer From the Securities Professional Perspective,” which was published by the American Bar Association, Section of Litigation, Committee on Securities Litigation, in conjunction with the annual meeting of the American Bar Association in August of 1995.

*The Practising Law Institute (PLI) is a renowned national provider of continuing legal education founded in 1933.


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Thomas K. Caldwell

email: tkcaldwell@mhclaw.com
phone: 317.598.2054 fax: 317.598.2050

Thomas K. Caldwell graduated from Indiana University School of Law, Indianapolis in 1989 after receiving a Bachelor of Arts degree from Michigan State University in 1986.

From 1989 to 1991, Mr. Caldwell served as a law clerk to the Honorable Lawrence P. Zatkoff, U.S. District Court Judge for the Eastern District of Michigan. In 1992 and 1993, Mr. Caldwell served as a deputy attorney general for the State of Indiana representing the Indiana Department of Revenue and the Indiana State Board of Tax Commissioners in the Indiana Tax Court. From 1994 to 2001, Mr. Caldwell worked in private practice as a civil litigator prior to joining Maddox Hargett & Caruso, P.C.

Mr. Caldwell is a member of the Indianapolis Bar Association and is admitted to the Indiana State Bar and the State Bar of Michigan.


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Keith L. Griffin

email: klgriffin@mhclaw.com
phone: 317.598.2049 fax: 317.598.2050

Keith L. Griffin graduated from Indiana University School of Law-Bloomington in 2000 after receiving a Bachelor of Arts degree at Indiana University in 1996. Mr. Griffin concentrates his practice on representing investors in securities arbitration and litigation.

Before joining Maddox Hargett & Caruso in 2003, Mr. Griffin served as Deputy Commissioner/Enforcement Attorney for the Indiana Secretary of State, Securities Division. While with the Securities Division, Mr. Griffin represented the state on behalf of investors who were the victims of fraudulent investment schemes. Mr. Griffin also served as the lead attorney representing the State of Indiana in the $1.4 billion analyst conflict of interests global settlement reached with the nation's largest broker-dealers.

Read Keith's Blog


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Barbara Quinn Smith

email: bqsesq@aol.com
phone: 440.605.7297 fax: 440.646.1615

Barbara Quinn Smith graduated from Case Western Reserve University School of Law in 1991 after receiving a Bachelor of Arts degree from John Carroll University in 1987. Prior to joining Maddox Hargett & Caruso, Ms. Smith spent several years with a prominent Ohio plaintiff's class action firm, where her practice was concentrated on class litigation and complex commercial litigation. She has participated as class counsel in a number of class actions in both state and federal courts. A member of the Ohio State Bar Association, Ms. Smith is admitted to practice in Ohio, the United States District Court for the Northern District of Ohio, and the United States Sixth Circuit Court of Appeals.


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You Can Help

Serve your country. Be an arbitrator.

What other advantages are there to being an arbitrator? Besides the financial remuneration, arbitrators provide an invaluable service to the securities industry as people from all walks of life rely on their service. Arbitrators typically serve as the last line of defense to guard the American public against dishonest and unethical stockbrokers and brokerage firms. Qualified arbitrators are desperately needed at FINRA, the Financial Industry Regulatory Authority, formed in July 2007, when the NASD and NYSE merged their regulatory agencies.


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“No broker should offer financial plans unless he or she personally is a registered investment advisor.” SmartMoney April 2007


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Facts That Matter

Did your advisor gloss over the details?

Omission or misrepresentation of key facts about an investment can be grounds for a complaint. Examples of an omission might be if a broker fails to disclose to an investor that the individual company he is recommending lost money in the previous three years or the brokerage firm is charging the customer an undisclosed commission or markup. If a broker told an investor that the stock being recommended had a new drug pending before the Food and Drug Administration and that was not the case, that would at a minimum be a misrepresentation.


Fact File

Did You Know?

Firms often pay higher commissions for the sale of riskier investments.

Most well known investment firms budget millions of dollars annually to pay their attorneys and damaged investors through arbitration awards.

The overwhelming majority of investment abuses are never reported.


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Don't Keep Silent

Overlooked transgressions.
Unmeasured losses.

Securities abuses are grossly under reported. Cases that are actually filed against brokers, insurance agents and investment advisers are, truly, the tip of a very large iceberg. Harmed investors often feel embarrassed about their supposed gullibility or the degree of trust they placed in their broker. Or, investors assume they are simply the victim of the market and nothing can be done. If every investor who suspected abuse or misconduct were to pursue the matter, the brokerage industry would find itself under closer scrutiny.


“It can be tempting in this business to settle cases too easily and cheaply, and not fight the fight. We try hard to strike a balance.”
Mark Maddox


Critical Decisions

Two occasions when an attorney's experience really matters.

As they seek to recover losses through dispute resolution, harmed investors must make certain judgment calls. One is deciding which legal option to pursue. (See Your Legal Options.) Another comes partway through the process, when many claimants must choose whether or not to accept a settlement offer. (See Mediation and Settlements in Lieu of Arbitration.)

“I agree that all controversies that may arise between us concerning any order or transaction, or the continuation, performance or breach of this or any other agreement between us, shall be determined by arbitration before a panel of arbitrators selected by the Financial Industry Regulatory Authority (FINRA), as I may designate, pursuant to the rules of the organization in existence at the time of the submission to arbitration. I understand that a judgment upon the arbitration award may be entered in any court of competent jurisdiction.”

These can be tough decisions. It is a great help to work with experienced attorneys who authentically represent your interests. At Maddox Hargett & Caruso, we are experienced in all forms of investor dispute resolution. We can give you a clear picture of what it might be like to take your case to arbitration, and a realistic assessment of your chances for recovering money. We can tell you, in detail, what transpires in mediation, jury trials and class action lawsuits. And when a settlement offer is extended, we can help you decide – based on our experience representing more than 1000 investors – whether it's an offer you should accept.


Accountability

Who regulates investment advisers and financial planners?

Brokers must register with the NASD and be licensed by the states in which they do business. Financial planners, money managers and other advisers must be licensed as “investment advisers” by their states, or, if they have $25 million or more under management, by the SEC. Even accountants and lawyers who provide financial advice must be licensed as investment advisers by securities regulators, unless the advice is “incidental” to their main business.


Signed Agreements

Most brokerage firms require that their clients sign an agreement to arbitrate - instead of filing suite - should disputes arise. Also, the rules of the Financial Industry Regulatory Authority (FINRA), former known as the NASD (National Association of Securities Dealers) and NYSE (New York Stock Exchange) require that members and member firms (i.e. brokers and their companies) submit their disputes with customers to arbitration.

As a general rule, a defrauded investor has the ability to recover any and all damages that would be available to them in state of federal court litigation through the arbitration process. The rules of arbitration do not require an investor to obtain legal counsel when pursuing a broker or brokerage firm in arbitration. However, most parties to a securities arbitration do retain legal counsel, and virtually every major brokerage diem has, or will hire an attorney with knowledge of the arbitration process.