Failure to Supervise
Hire a reputable investment loss lawyer at Patil Law after you’ve suffered a significant investment loss caused by your brokerage firm’s failure to supervise.
While it is true that even the most experienced investors take heavy hits, there are instances where these are not merely the result of normal market fluctuations, but rather the consequence of your investment firm’s wrongdoing.
Patil Law’s founder, Chetan Patil, has over 15 years of extensive experience in diverse, complex financial transactions across the country. To date, the law firm has recovered over $25 million on behalf of its clients. Feel free to browse through the firm’s impeccable track record.
Chetan specializes in litigations, trials, arbitrations, and appeals of complex securities, Financial Industry Regulatory Authority (FINRA) cases, and financial and business disputes, with an emphasis on securities, financial services, and financial regulatory law.
Why Choose Patil Law?
Patil Law’s clients will benefit from the depth and breadth of Chetan’s legal experience and judgment. He has handled and overseen over a thousand litigation and arbitration cases nationwide in federal and state courts and arbitration forums.
As a testament to their deep care and commitment, Chetan and his team of legal experts travel extensively for their clients all around the country.
They have represented defrauded investors, family trusts, family offices, public and private companies of all kinds, including banks and other financial institutions, broker-dealers, registered investment advisors, advisory firms, and securities brokers.
We operate on a contingency fee basis, which means we only get paid if we secure a favorable settlement or verdict for our clients. Call Patil Law now at (800) 950-6553 or send us a message through our secure and confidential online form. Our compassionate team of professionals is always on standby to provide urgent assistance.
Holding Your Brokerage Firm Accountable For ‘Failure To Supervise’
Brokerage firms have a responsibility to oversee their employees and ensure that they are acting in the best interests of their clients. Unfortunately, some firms neglect this crucial duty, allowing rogue brokers to engage in misconduct unchecked, leaving investors vulnerable to financial ruin.
Brokerage Firms’ Responsibility Under FINRA’s Rules
FINRA imposes an obligation on brokerage firms to “establish and maintain a system to supervise the activities of each registered representative, registered principal, and other associated person that is reasonably designed to achieve compliance with applicable securities laws and regulations.”
This was formerly governed by the National Association of Securities Dealers (NASD) Rule 3010. However, FINRA Rules 3110 and 3170 have superseded this.
FINRA Rule 3110 (Supervision)
Rule 3110 (a) replaced Rule 3010 in detailing the responsibilities of a brokerage firm. Essentially, the rule strengthens FINRA’s requirement for its member firms to establish and maintain a supervisory system to ensure compliance with securities laws, regulations, and FINRA rules.
This system must include:
- Written procedures
- The designation of appropriately registered principals with supervisory responsibilities, and
- The registration and designation of branch offices and offices of supervisory jurisdiction (OSJs).
Additionally, each registered person must be assigned to a qualified supervisor who is responsible for overseeing their activities. The member firm must also make reasonable efforts to ensure that all supervisory personnel are competent to carry out their assigned responsibilities, either through experience or training.
FINRA further mandates that each registered representative and principal participate in an annual compliance interview or meeting to discuss relevant compliance matters.
FINRA Rule 3170 (Taping Rule)
Another rule that your brokerage firm should follow, when applicable, is FINRA Rule 3170 (Tape Recording of Registered Persons by Certain Firms). This rule, commonly referred to as the “Taping Rule,” requires certain firms to install taping systems to record all telephone conversations between their registered persons and existing and potential customers, review those recordings and file reports with FINRA.
The Taping Rule is designed to prevent fraudulent and improper practices in the sale or marketing of financial products and behavior that may otherwise cause customer harm.
As such, the rule applies to member firms with a significant number of registered persons who previously worked for firms that have been expelled from FINRA membership or have had their registrations revoked for inappropriate sales practices. Firms that become subject to these requirements are called “taping firms.”
Amendments and Supplementary Materials to FINRA’s Rules
It might be incredibly challenging for the average investor to stay up-to-date and fully understand the implications of updating and amending rules. For example, FINRA has recently announced new supplementary materials to Rule 3110 (Supervision).
At Patil Law, we pride ourselves on our deep knowledge of the ever-evolving regulatory landscape and our ability to navigate complex legal matters with skill and compassion.
We understand that dealing with stock market losses and potential misconduct can have the potential to derail your finances, which is why we’re here to provide the guidance and support you need.
Examples of Failure To Supervise
The investment loss lawyers at Patil Law have extensive experience in handling a wide range of ‘failure to supervise’ cases involving brokerage firms. Our team has successfully represented clients in scenarios such as:
Lack of Proper Training and Education
Brokerage firms have a responsibility to provide their brokers with adequate training and education to ensure they understand and comply with industry regulations and best practices. If a firm fails to properly train its brokers, leading to incidents of misconduct or non-compliance, the firm may be held liable for failure to supervise.
For example, if a broker recommends unsuitable investments or engages in unauthorized trading due to a lack of proper training, and the firm fails to provide the necessary education, the firm may face failure to supervise claims in addition to misconduct allegations.
Ignoring Red Flags or Suspicious Activities
Brokerage firms have computerized supervisory systems that generate exception reports to highlight potential issues, such as high turnover rates in client accounts. When management consistently disregards these reports and fails to investigate or take action, it can constitute a failure to supervise.
For instance, if a broker engages in excessive trading (churning) to generate commissions, and the compliance department fails to address the issue despite the presence of red flags, the firm may be liable for failure to supervise in addition to churning and unsuitability.
Inadequate Product Suitability Oversight
Compliance personnel have the ability to analyze the products and securities recommended by financial advisors to their clients. If an advisor recommends the same product to nearly all their clients, regardless of their individual needs, age, investment objectives, and risk tolerance, it should raise concerns.
A diverse client base typically requires a variety of investment strategies and products. When a compliance department neglects to investigate and address such patterns, it can be a clear case of failure to supervise, particularly if the recommended product is later revealed to be fraudulent or causes significant losses to clients.
Can A Lawyer Help Recover Your Investment Losses?
A skilled financial securities lawyer can help you take proactive steps to recoup your investment losses and hold those responsible accountable for their actions.
Watching your hard-earned investments disappear due to your brokerage firm’s carelessness and recklessness can be an emotionally devastating experience. Such a betrayal can leave you feeling helpless and unsure of where to turn.
You don’t have to face this difficult situation alone. At Patil Law, we can comprehensively discuss your legal options so you can make an informed and empowered decision.
Filing a Lawsuit Against Your Brokerage Firm
Recovering assets lost to investment fraud can be challenging, but it’s important to remember that there are legitimate avenues available to explore. While the road may be difficult, individuals who have fallen victim to financial fraud have the right to seek justice and recoup their losses.
One potential course of action is to file a civil lawsuit. This process involves engaging the services of experienced attorneys who specialize in handling financial fraud cases. These legal professionals can provide invaluable guidance and counsel, helping clients through the legal system and determining the most appropriate remedies based on the specific circumstances of their case.
It’s important to approach the decision to file a civil lawsuit with a clear understanding of the potential challenges involved. Legal proceedings can be time-consuming and costly, and even in cases where a judgment is awarded in favor of the plaintiff, collecting on that judgment may present additional hurdles.
FINRA Arbitration
Aside from filing a civil lawsuit against your brokerage firm, you may also choose to proceed with an arbitration claim or request mediation through the Financial Industry Regulatory Authority (FINRA).
The latter deals with a dispute involving the business activities of a brokerage firm or one of its brokers, and the parties seek monetary or other relief. Generally, to be considered for arbitration or mediation, the alleged act that gave rise to the claim must have taken place within the past six years.
However, if arbitrators see that an ongoing situation is causing the dispute, it can still be submitted. For instance, if a customer bought stock 10 years ago and there are claims of ongoing fraud from the time of purchase until six years before filing, it can still be accommodated.
Call A Top-Rated Investment Loss Lawyer Now
Consult with a reputable investment loss lawyer at Patil Law if you have suffered financial damage from your brokerage firm. Remember, you have the right to expect a high level of diligence from your trusted advisors when it comes to protecting your investments and ensuring that your stockbroker is acting in your best interests. Don’t let their misconduct go unchallenged.
At Patil Law, we are committed to holding brokerage firms accountable when they neglect their duties and cause harm to innocent and hardworking investors. We have access to vast resources and a formidable network of legal and financial professionals who can build your case and fight for your rights.
If you or a loved one has experienced significant losses due to your brokerage firm’s failure to supervise, call us now at (800) 950-6553 for a free consultation or send us a message through our secure and confidential online form.