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Breach of Fiduciary Duty

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Breach of Fiduciary Duty

When you invest, in addition to your financial assets, you place a lot of trust in a brokerage firm, fiduciary, or financial advisor. The expectation is that they have your best interests in mind. The stockbroker must give sound advice based on your financial goals and act in your best interests regarding your investment. This is the basis of the fiduciary relationship between broker and investor, and certain ethical and moral obligations are placed on the fiduciary to ensure that your investment is in safe hands.

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Unfortunately, some fiduciaries may take advantage of you as a client, using the financial assets that you’ve placed in their hands for their own benefit and financial gain. A fiduciary’s actions regarding your investment must be free of personal bias, without conflicts of self-interest. This means a fiduciary may not use your principal investment for financial gain. The fiduciary must make investment recommendations based on your personal financial goals rather than what will most benefit the brokerage firm.

This also applies to corporate assets, corporate property, and corporate opportunities. A fiduciary may not use any of your business assets for financial gain. If a fiduciary does get involved with misusing corporate funds for their benefit, this may also result in fraud, based on the specific actions of the fiduciary. This is why it is crucial to ensure that all corporate decisions regarding investments are considered and agreed upon by the Board of Directors or executive board of the company in question.

It may be difficult to prove that fraud is involved, as it would be necessary to prove that the intent was criminal. Breach of fiduciary duty, however, is much more straightforward to prove in a court of law. The only proof that is necessary to win a breach of fiduciary duty case is that the broker was in a fiduciary position and broke the trust instilled into that position by taking advantage for their financial gain.

 

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Nevada FINRA Arbitration Attorneys

The FINRA arbitration lawyers of De Castroverde Law Group can help represent your interests in the following types of investment loss cases:

Experienced FINRA Arbitration and Investment Loss Attorneys in Las Vegas and Reno

If you believe that your personal or corporate investments are being taken advantage of by a fiduciary that may be abusing their power, contact De Castroverde Law firm today. We have an advanced group of attorneys devoted to your best interests and we will help you file an arbitration claim against the brokerage firm or financial advisor you believe has deceived you.

Losing your principal investment based on the corrupt actions of a brokerage firm can be devastating and has the potential to make or break your entire business. You deserve to recover your personal or corporate assets, as well as hold the brokerage firm responsible for their inappropriate and fraudulent actions.

De Castroverde Law firm has a group of experienced FINRA arbitration and investment loss attorneys who will make sure that your business and finances can recover if you’ve suffered from a breach of fiduciary duty.

How Can a FINRA Attorney Help Me?

When companies do not follow the standard set of rules and regulations laid out by FINRA, investors may suffer the consequences and this is where De Castroverde Law comes in to help you protect and recover your rightful financial assets.

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  • Blue check mark IconWe have an advanced group of attorneys devoted to your best interests and we will help you file an arbitration claim against the brokerage firm or financial advisor you believe has deceived you.
  • Blue check mark IconAny arbitration case based on the rules and regulations of FINRA should only be handled by the most experienced arbitration attorneys.
  • Blue check mark IconWe understand how frustrating and complicated the stock market is, and losing vital resources from your business or personal finances can be a devastating blow.
  • Blue check mark IconWe are ready to take your case to court under the FINRA regulations to hold your stockbroker or financial advisor accountable, to recover your assets, and to make sure that these brokers do not take advantage of another investor like you.

Frequently Asked Questions

  • What is FINRA?

    FINRA, although authorized by Congress, is not a part of the United States government. Rather, it is a non-profit organization with the authority to oversee such financial activities as:

    1. Ensuring compliance of industry firms;
    2. Educating potential investors;
    3. Maintaining transparency in the stock market;
    4. Writing and enforcing a standard set of rules with which the financial industry is required to comply.

    FINRA is a crucial part of keeping the marketplace fair and well-regulated, while providing basic protections for investors who are trusting the stock market with hard-earned savings in the hopes of a rewarding return on investment. Because FINRA is a non-profit, this also comes at no cost to the taxpayers, while maintaining a high ethical standard for businesses to follow.

  • What is considered unsuitable investment advice?

    As an investor, your stockbroker is required to ensure that you understand the exact risks you will be taking, as well as how the investment fits in with your portfolio and long-term financial goals overall. A brokerage firm, as well as financial advisors must take into consideration, all of the above factors when dispensing financial advice.

    One of the core regulations of FINRA states that a stockbroker must have a reasonable basis for recommending that a financial transaction or investment strategy is sound and suitable, based on the best interests of the investor.

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Great experience. I have had two cases with them and they are very quick to respond with any questions. They notify me about everything that is going on with my case. They made it super easy and took a load off my back. I will be using them for all my future legal needs.Andrea G.

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