Legal Question in Securities Law in North Carolina

Stock Market

I loss about 300,000.00 in the stock market from 2001-2008. My risk level was changed by the holding company. How can I investigate this info and can I get get my money back if this is true?

Thank you

Asked on 2/10/09, 3:24 pm

3 Answers from Attorneys

Nicholas Guiliano Arbitration, Securities & Investment Fraud Lawyer

Re: Stock Market

Well, first the notion that you have these losses from as early as 2001 is problematic, since you have a duty and responsibility to read your statements and you should have known of these losses and taken some form of action earlier than 2008.

The real question is whether the investments in your account were "suitable" for you, in terms of risk, based upon your age, income, education, overall financial condition, and expressed investment objectives or risk tolerance.

If your risk tolerance was changed, when did you first learn of this change, and did this change result of any purchases of speculative securities, or option, on your own intiative?

Generally firms have no duty to provide on going investment advice, but that will depend on whether you are paying a fee for management, and who is the firm.

It will also depend on the nature and cause of your damages or losses.

You should have someone look at your case, who specializes in this area of the law. Most practioners who do this work take cases nationally, even in North Carolina, and they also work on a contingent fee.

In order to have your case evaluated, you would need to provide that person with your statements, and also complete, typically, a new client questionnaire to learn about you and your underlying suitability.

If you want to know more about these claims, information is on our website that you may find useful at

Good luck!

Nicholas Guiliano

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Answered on 2/11/09, 10:26 am

Mark Tepper Mark A. Tepper P.A.

Re: Stock Market

The answers you received were informative but neglected to mention that claims are eligible for arbitration within 6 years of the occurrence of the event giving rise to the claim. People who represent themselves generally do not do well in arbitration. I recommend that you hire an attorney who spends at least 50% of his time on these types of cases. You can certainly telephone us for a no-cost consultation.

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Answered on 2/11/09, 11:59 am
Warren Markowitz Warren R. Markowitz, Esq

Re: Stock Market

I suggest that you contact an attorney that is familiar with Securities Arbitrations and discuss the events with him/her.

You should have records of the transactions, i.e. confirmations, the account agreements you executed when opening the account(s) and specific information relating to the losses that you claim.

If you wish to discuss this, I can be reached via email or telephone.

Good Luck.

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Answered on 2/10/09, 3:52 pm

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