Show Me the Money: What You Can Actually Recover in Investment Fraud Cases

When your broker or financial advisor screws up, your first question is probably: “Can I get my money back?” The answer depends on several factors, including the type of misconduct, the strength of your case, and the financial condition of the wrongdoer.

Let me explain what types of damages you might be able to recover and how they’re calculated.

Types of Recoverable Damages

Out-of-pocket losses – This is the money you actually lost due to the misconduct. For example, if you invested $100,000 and it’s now worth $60,000 due to unsuitable recommendations, your out-of-pocket loss is $40,000.

Lost opportunity costs – This is what you could have earned if your money had been invested properly. If a suitable investment would have grown to $120,000 during the same period, you might be able to recover the difference.

Interest – You can often recover interest on your losses from the time they occurred until you’re paid back.

Costs and fees – In some cases, you can recover attorney fees, expert witness costs, and other litigation expenses.

How Damages Are Calculated

The “but for” test – What would have happened “but for” the broker’s misconduct? This involves comparing your actual results to what would have happened with suitable investments.

Market benchmarks – Your damages might be calculated by comparing your returns to appropriate market indices or benchmarks.

Specific alternative investments – If your broker should have recommended specific alternative investments, damages might be based on how those would have performed.

Factors That Affect Your Recovery

Causation – You need to prove that the broker’s misconduct actually caused your losses, not just market conditions.

Mitigation – You have a duty to minimize your losses once you discover the misconduct. Continuing to hold unsuitable investments after you know they’re wrong can reduce your recovery.

Comparative fault – If you contributed to your losses through your own actions, your recovery might be reduced.

Statute of limitations – Waiting too long to file your claim can eliminate or reduce your recovery.

What You Usually CAN’T Recover

Punitive damages – These are rare in FINRA arbitration, though they’re sometimes available in court.

Pain and suffering – Investment cases typically don’t include emotional distress damages.

Consequential damages – Indirect losses (like having to sell your house) are usually not recoverable.

Speculative profits – You can’t recover profits from investments you never made.

The Reality Check

Here’s the hard truth: even if you win your case, you might not recover 100% of your losses. Several factors can reduce your actual recovery:

The wrongdoer’s ability to pay – You can’t get blood from a stone. If your broker doesn’t have money or assets, even a large arbitration award might be worthless.

Settlement negotiations – Most cases settle for less than the full amount of damages to avoid the uncertainty of arbitration.

Legal costs – Attorney fees and expenses reduce your net recovery, even in contingency fee cases.

Time value of money – Getting your money back years later isn’t the same as having it today.

Maximizing Your Recovery

Act quickly – The sooner you discover and address misconduct, the better your chances of recovery.

Document everything – Keep detailed records of all communications, statements, and losses.

Stop the bleeding – Don’t continue to follow bad advice once you realize there’s a problem.

Get professional help – Experienced attorneys know how to calculate and prove damages effectively.

Consider all responsible parties – Sometimes multiple parties (broker, firm, supervisor) can be held liable.

Special Considerations for Different Types of Cases

Churning cases – Damages often include excessive fees and lost opportunity costs from frequent trading.

Unsuitable investment cases – Recovery typically involves the difference between what you lost and what you would have made in suitable investments.

Unauthorized trading cases – You might be able to recover the full amount of unauthorized losses.

Ponzi scheme cases – Recovery depends on how much money is available and where you stand in line with other victims.

The Role of Expert Witnesses

Calculating damages in investment cases often requires expert testimony from:
– Economists who can calculate lost opportunity costs
– Investment professionals who can identify suitable alternatives
– Accountants who can analyze financial records and tax consequences

These experts can be expensive, but they’re often essential for proving significant damages.

Settlement vs. Arbitration

Most investment fraud cases settle before going to arbitration. Settlement offers several advantages:
– Certainty of recovery
– Faster resolution
– Lower legal costs
– Privacy

But settlements typically involve compromises. You might recover 60-80% of your damages through settlement rather than risk getting nothing at arbitration.

Tax Implications

Investment fraud recoveries can have complex tax consequences:
– Some recoveries might be taxable as income
– Others might be treated as return of capital
– You might be able to claim theft loss deductions
– Timing of recovery can affect which tax year is involved

Consult with a tax professional about the implications of any recovery.

Insurance and Other Recovery Sources

Sometimes there are additional sources of recovery beyond the individual wrongdoer:
– SIPC insurance for brokerage firm failures
– Errors and omissions insurance carried by investment advisors
– Fidelity bonds that cover employee theft
– Firm liability for supervisory failures

Managing Expectations

While significant recoveries are possible in investment fraud cases, it’s important to have realistic expectations:
– Not all losses are recoverable
– Legal proceedings take time and money
– The wrongdoer might not have sufficient assets
– Settlement might be better than the uncertainty of arbitration

The Bottom Line

Recovery in investment fraud cases depends on many factors, but significant damages are often possible if you have a strong case and act quickly. The key is understanding what you can realistically recover and making informed decisions about how to proceed.

Don’t let the complexity of damage calculations discourage you from pursuing valid claims. An experienced securities attorney like Robert Wayne Pearce can help you understand what your case might be worth and develop strategies to maximize your recovery.

Remember: while you might not get back every penny you lost, holding wrongdoers accountable and recovering what you can is often better than doing nothing at all.

Workplace Accident Attorneys – Personal Injury Law

If you have been injured on the job, you may be aware that you have a valid workers’ compensation claim to cover medical expenses and replace lost wages when you are unable to return to work. What you may not realize is that you and your employer’s workers’ compensation insurer are now entering into a potentially adversarial relationship. 

You need full, fair compensation to cover your expenses and make up for the time that you have to take off work. The insurer, on the other hand, will seek to prevent the payout of claims that the company considers avoidable. 

Therefore, you will need to be prepared to stay vigilant and document evidence of your good faith efforts to get well and return to work if possible, as quickly as possible. More here

Medical Benefits 
An attorney on your side can help ensure that you receive full compensation for medical treatment:

Medical bills quickly add up. Document evidence that you are seeking treatment promptly and complying with your doctor’s advice.

You may think that you cannot get medical treatment because you don’t have sufficient health insurance. Few doctors, however, will treat you until they are reassured that they will be paid by a workers’ comp insurer. 

The insurance company may seemingly circumvent requirements that they pay for medical treatment by refusing to authorize treatment — essentially stopping you from being treated. 

I have more than 30 years of experience handling workers’ compensation claims on behalf of injured employees. I am well versed in the best strategies for ensuring that you get the medical treatment that you need, can see the doctors that you prefer, and can document your efforts to reach maximum recovery through compliance with medical treatment plans. 

Weekly Benefits When You Are Unable to Work

If you have not signed agreements and had an Award entered by the Workers’ Compensation Commission, you also need to demonstrate to the Workers’ Compensation Commission that you are making a good faith effort to go back to work if possible. The insurer may allege that you are voluntarily working at less than full capacity or that you have failed to market yourself in search of another job that would pay close to what you were earning before your accident. Marketing your job capacity is a very difficult and complex area and you need to understand what is required of you to market your remaining work capacity.

I have helped many workers’ compensation claimants keep the wolves from the door and continue receiving the benefits they were entitled to receive. If you were denied compensation on the basis that you should be able to work, contact me to schedule a consultation. Check this website

Contact Me, Work Injury Lawyer Today

For more than 30 years, I have made personalized service to my clients the highest priority. Once I become your workers’ compensation attorney, I will effectively be “on-call” to answer your questions and concerns as they arise. 

Just as I work hard to keep myself up to date on changes to workers’ compensation laws, I work just as hard to keep my clients informed, and to refine strategies as needed to maximize clients’ chances at success. 

Auto Accident Lawyers – Personal Injury Lawyers

Auto Accident Lawyers keep up a pretty brisk trade. If you’re in need of a car accident lawyer, be sure to ask the right questions and choose a accident lawyer with experience, a good reputation, and your best interests at heart.

Unfortunately, it’s only after you’ve had an auto accident in that you really need to consider whether or not the best people who could help you are possibly auto accident lawyers.

By then, you are at the least flustered and upset. At the worst, you may be seriously injured and struggling to cope with the aftermath of a serious car accident.
A good accident lawyer will always be prepared to accommodate you when it comes to understanding the laws that relate to your auto accident.

When I say “auto,” I’m referring to all kinds of vehicles that are designed to carry passengers, particularly those with four wheels that are powered by an internal combustion engine.

But, of course, there are motorcycle accident lawyers, too, if that happens to be your particular circumstance. You would be better off seeking an accident attorney who specializes in motorcycle accidents to get the best possible outcome.

Regardless of your method of transportation, these accident lawyers should be able to give you legal advice so that you can get the just compensation you deserve.

They can figure out on how to deal with your auto crash claims and advise you correctly. A professional accident attorney should be an expert when it comes to dealing with the law regarding a crash, whether a car accident, motor vehicle accident, or other types of vehicle.

Your lawyer can help you get a clear idea in your mind about the basic laws relating to the fault and liability in your car accident.

Having said that, you’ll understand that if you’ve been involved in an automobile accident in , an insurance adjuster and a car accident lawyer are the most wanted people in these cases.

According to the National Highway Traffic and Administration, the most common causes of automobile accidents are:

Disregarding the traffic laws

Ignoring the driving limits (ex. Over-speeding)

Intoxicated with alcohol and/or drugs while driving

Defective vehicles

Faulty road design and construction

Incorrect highway signs

If You Are In An Auto Accident…

What will you do if you’re in and you end up in a car accident? Will you run away, or face the people in authority to investigate the situation?

As tempting as it may be to flee the scene, it’s best to face it and seek the soonest medical assistance no matter how minor the accident may seem.

Noting down the plate number of the vehicle involved as well as some other important information (name, addresses, phone number, and other contact details) about the person responsible in the accident is as important as the first mentioned medical assistance.

In addition, pictures of the incident will surely serve as good evidence to help resolve the issue of who’s responsible and who’s not in the accident.

Even when you’re the one who caused the accident, it is still the duty of your lawyer to lower the degree of damages you’ll suffer and preventing the accident to file as result of negligence.

Witness’s narratives are much needed documents for the investigation. They will help your accident attorney who will fight on your behalf to make his case.

With his knowledge and expertise of car accident law, he could truly help you lighten your burden while facing the consequences in an accident.

So, if you don’t want to ask help from the auto accident lawyers, then be a law abiding person, and be responsible and cautious while driving.

It may not only prevent you from getting in an accident, it also may save lives, including yours! More information here @ https://caraccidentattorneysa.com/car-accident-lawyers-in-el-paso/