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Home > Recovering Your Money > What You Can Do Now

What You Can Do Now

Let's be honest. Legal conflicts are stressful, even in a best-case scenario. People who have suffered large financial losses often feel embarrassed and anxious about the situation and don't want others to know – not even their spouse and family members. That's understandable, but most of the time it's best to address these problems head on, and communicate with the people close to you. We understand you probably don't like conflict, and that you just want to get on with your life. But don't you owe it to yourself and your family to try and recover what is yours? Every investment loss victim who steps forward sends a message to Wall Street, and contributes to our efforts to curb the widespread problem of securities fraud and misconduct that affects ordinary people like you. If you feel you may have been wronged, perhaps you owe it to yourself, and your community, to at least speak with a professional.

“Every investment loss victim who steps forward sends a message to Wall Street.” Tom Hargett

The professionals at Maddox Hargett & Caruso are available every step of the way to the investors they represent. Not only do we bring significant resources to the effort to recoup your money, we also do what we can to help you cope with the anxiety the situation creates. The professionals handling your case will respectfully answer any question. It is our policy to be responsive, empathetic, and at the same time, realistic about the possibility of recovering your money.

Why You Shouldn't Delay

Certain time limits may affect your ability to bring an action against a broker or a brokerage company. Statutes of limitations or time bars may vary depending on the claims and change from state to state; therefore it is important to consult an attorney promptly upon learning that you may have an action against your broker or your brokerage company.

First Steps

Logic says if someone steals, squanders or loses someone else's money, they should pay it back. Simple enough. Unfortunately, fraudulent brokers don't abide by logic. Their victims often are forced to turn to the legal system in an effort to recoup what's been lost through negligence or fraud. It's important to understand that securities cases are complicated, can be time consuming – most take over a year – and are often stressful. If you believe you have been wronged by an investment, securities or insurance broker, the first step is to do a little soul-searching. Determine whether you want to fight to recoup your losses. The next step is to contact an attorney who has experience in the securities area. Maddox Hargett & Caruso, P.C. can help. To reach us, click here.

How do I know who is at fault?

It's not unusual for an investor to go weeks, months or even years before they realize their money hasn't been appropriately invested. Often investors place enormous trust in their broker, don't read or understand their monthly or quarterly statements, and are afraid to ask questions. But if you've experienced unexplained, large losses in your investment account that you can't understand or don't make sense, then you may be a victim of negligence or fraud, and should contact an experienced attorney or another financial expert to review your account. Experienced securities attorneys will be able to quickly determine whether you're a victim and can then provide guidance on your legal options and an appropriate course of action.

Documents You'll Need

A paper trail is your best friend during arbitration, and it provides the evidence you'll need to file a Statement of Claim. Gather all the paperwork you have related to your investments, including copies of e-mails or other correspondence, documented dates of phone calls, and notes about meetings or conversations you've had with your investment broker. If possible, create a timeline of events, which will help your attorney prepare the Statement of Claim to take your case to arbitration, putting you one step closer to possibly recovering your losses.


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Protect Yourself

Should I try to resolve the matter directly with my investment firm, before I hire an attorney?

No. Contrary to what regulatory agencies and brokerage firms may tell you, investors almost always decrease their chances for recovery when they try to deal with a brokerage firm on their own. One ploy commonly used by these firms is to at first be very cordial and sound concerned. The firm's compliance or legal department will ask the investor to submit their complaint, in writing, for further consideration. Yet regardless of the complaint's validity, the overwhelming majority of the time the brokerage firm will reject the investor's request for remuneration — not surprising. And now, the brokerage firm has the investor locked into a written statement. If the investor later decides to pursue arbitration, the brokerage firm's attorneys will hammer the investor if the story told at the hearing deviates one iota from the letter the investor wrote earlier. Therefore, it is in the investor's best interest to contact an experienced securities arbitration attorney at the first hint that there might be a problem with the broker's actions.


Woman in Thought

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.