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Recent Banking Headlines Serve as a Reminder to Protect Against Unsuitable Broker Recommendations

May 8, 2023

Recent Banking Headlines Serve as a Reminder to Protect Against Unsuitable Broker Recommendations

Over-Concentration is Unsuitable for Retirees

Do you have concerns over the impact of unsuitable investment recommendations from your Broker or Brokerage firm on your investment or retirement portfolios? Recently, regional banks Silicon Valley Bank, First Republic and Signature Bank have failed or were sold to prevent failure.  Many investors lost most, if not all of their investments in these banks as a result.  Did your broker recommend an over-concentration of these securities in your account?  If so, you may have a claim for loss recovery from your brokerage firm.  Recovery is most likely if these securities represented a large, over-concentrated position in your portfolio.

Recently, brokers have made unsuitable recommendations of an option strategy combined with margin account borrowing.  In this strategy, the broker recommends that the investor incur margin debt to buy securities and write covered calls.  Since this strategy involves leverage (borrowed money) it is dangerous and volatile and unsuitable for most investors.  If your broker has recommended margin and or options, and you have suffered losses, those losses may be recoverable in a FINRA arbitration.

Over-concentration in one sector can be an unsuitable recommendation from your broker.  This is particularly true in riskier sectors, like tech, oil and gas, and biotech.  Stocks like Amazon, Facebook, Tesla and Snap, while popular names, are volatile stocks. If you have an over-concentration of these securities that were recommended by your broker, there may be a path to loss recovery.

Free Case Evaluation

The Mark Tepper Law Firm is offering retirees and investors a FREE CASE EVALUATION to determine if your broker’s recommendations were unsuitable for your investment and retirement needs. To start the process, send an email to Attorney Mark A. Tepper at askmark@marktepper.com, or telephone him at 954-704-2310.

FINRA Rules on Suitability

FINRA (the Financial Industry Regulatory Authority) has warned investors about the risks associated with over-concentration of securities and the use of margin and options strategies, which can lead to significant losses.

FINRA Rule 2111 requires brokerage firms to ensure that recommended investments or investment strategies are suitable for their clients based on their investment profile. Over-concentration in one sector can be an unsuitable allocation, and brokerage firms should consider their clients’ overall portfolio risk to avoid this situation.

FINRA has issued Investor Alerts warning investors about the risks associated with using margin and over-concentration. These alerts emphasize that margin trading and over-concentration are not suitable for all investors.

The Mark Tepper Law Firm is offering retirees and investors a FREE CASE EVALUATION to determine if your broker’s recommendations were unsuitable for your investment and retirement needs. To start the process, send an email to Attorney Mark A. Tepper at askmark@marktepper.com, or telephone him at 954-704-2310.

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Contact with this website does not constitute creation of an attorney-client relationship. An attorney-client relationship will occur only after the client and the law firm, sign an Agreement, confirming the nature and scope of representation. Investors take action. If you are an investor whose investment or retirement funds have been lost due to stockbroker fraud, investment fraud, or other deceptive or misleading practices, you may have a case against your stockbroker or financial firm for investment fraud recovery.

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Securities fraud, also known as stock fraud and investment fraud, is a practice in violation of the securities laws that induces investors to make purchase or sale decisions on the basis of untrue or misleading information, which can result in losses. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This website may contain attorney advertising and is a form of law firm advertising. Prior results do not guarantee a similar outcome. Each case is different and is judged on its own merits.

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Investors can also obtain more information about, and the disciplinary record of, any FINRA-registered Broker or Brokerage firm, using FINRA's Broker Check.
Broker Check is a free service for investors and can be found at www.finra.org/brokercheck.

A stockbroker fraud securities lawyer can help you take action in seeking recovery of your investment losses. The Mark A. Tepper securities law firm represents the interests of investors who have suffered stock losses as a result of fraudulent practices or stock broker fraud. Free consultation on stock fraud from Fort Lauderdale, Florida Securities Lawyer. located in Ft. Lauderdale, and serving investors in Florida including Aventura, Boca Raton, Delray Beach, Fort Lauderdale, Hallandale, Hollywood, Jacksonville, Key Biscayne, Miami, Naples, Orlando, Palm Beach, Parkland, Pembroke Pines, Pompano Beach, Tampa and Vero Beach.

LEGAL TIPS FOR INVESTORS FROM THE MARK A. TEPPER LAW FIRM

• If it sounds too good to be true, it probably is.
• Don’t sign a new account agreement unless you understand it.
• Hang up on cold callers, especially those calling with “the opportunity of a lifetime.”
• Ignore high pressure sales tactics such as “if you don’t act now.”
• Save all promotional materials, in the event of a dispute over how the investment was described.
• Get it in writing. Don’t rely on verbal representations which may be convenient for the broker to forget during a dispute.
• Do not blame yourself. Brokers have a duty to recommend only suitable investments.
• Generally, the higher the investment return, the greater the risk.

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