Legal Question in Securities Law in New York

I am going through a divorce, myself and my soon to be ex had invested a lot of money, we used a financial planner who invested through a company for us. The planner is a friend of my wife, when I requested copoies of all records, I was informed by the planner that my name was on nothing, I know I signed multiple documents. The other day I receved a letter addressed to both me and my wife from the company the planner used asking if we have any info changes, it had my net-worth and me listed as the secondary investor .... my wifes net-worth ws the same as mine ..... This proves that the planner lied and denied my records existed, I have been advised to file a law suit against my wife and the planner, is this the right course of action, thanks, Patrick

Asked on 9/26/10, 6:29 am

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Patrick, that would likely end up being your best course of action, however there are a few sties you coukd potentiallybtake beforehand to potentially avoid the cost of litigation.

First, make secondary contact with the broker, regardless of being a friend of hers or not his license may be in potential jeopardy, as well as potential jail time. Inform him you will be hiring an attorney if he does not comply. Gauge his response.

Then, hire an attorney to follow up with communications.

If no action, then follow through with a suit.

This should all occur reasonably quickly, and you should keep all records of net worth as it stands now. You may also want to consider hiring an attorney to attempt to freeze the account so Funds can't be withdrawn.

If you need to retain the services of counsel contact us at 212-405-2234

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Answered on 10/01/10, 6:51 am

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