Articles Posted in Unsuitable Investment Recommendations

Retirement Fraud, Mismanagement and Breach of Fiduciary Duty Litigation and FINRA Arbitration Attorney
Russell L. Forkey

Senior and Retirement Fraud, Misrepresentation and Breach of Fiduciary Duty Litigation and FINRA Arbitration Attorney: Commission Charges Indiana Resident with Conducting Ponzi Scheme Targeting Retirement Savings of Investors The Securities and Exchange Commission (“Commission”) recently charged a Noblesville, Ind., resident and his company with defrauding investors in a Ponzi scheme that targeted retirement savings. The…

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High Yield – Junk Bond – Florida Investment Loss Litigation and FINRA Arbitration Attorney
Russell L. Forkey

High Yield – Junk Bond Investment Loss – Florida Litigation and FINRA Arbitration Attorney: A High Yield or Junk Bond is a bond with a credit rating of BB or lower by a recognized rating agency such as Fitch Ratings, Moody’s Investors Services, Morningstar Rating System and others. Although the term Junk Bond is commonly…

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Sales Practice Violations – Discretionary Trading Without Authorization, Unauthorized Trading, Unsuitable and Excessive Trading and Churning – South Florida FINRA Arbitration and Litigation Attorney
Russell L. Forkey

Securities and Exchange Commission Sustains FINRA Disciplinary Action against Registered Representative and Supervisor The Securities and Exchange Commission has sustained disciplinary action by the Financial Industry Regulatory Authority (“FINRA”) against William J. Murphy and Carl M. Birkelbach, formerly associated with member firm Birkelbach Investment Securities, Inc. In its opinion, the Commission sustained FINRA’s finding of…

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Naked Option and Covered Option – Florida Securities Fraud, Misrepresentation, Breach of Fiduciary Duty FINRA Arbitration and Litigation Attorney
Russell L. Forkey

Naked Option – Florida Breach of Fiduciary Duty, Negligent Supervision and Mismanagement FINRA Arbitration and Litigation Attorney: A Naked Option is an option for which the buyer or seller has no underlying security position. A writer of a naked Call Option, therefore does not own a Long Position in the stock on which the call…

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Fixed-Income Investment – Florida Fixed-Income Abuse FINRA Arbitration and Litigation Attorney
Russell L. Forkey

Fixed-Income Abuse, Fraud and Misrepresentation, Florida FINRA Arbitration and Litigation Attorney: A fixed-income investment refers to a security or other type of investment that pays a fixed return. Types of investments that generally fall within this category are government, corporate, or municipal bonds, which pay a fixed rate of interest until maturity, and to preferred…

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Investment Strategy – Florida Common Stock and Bond FINRA Arbitration and Litigation Attorney
Russell L. Forkey

Investment Strategy – Florida Common Stock and Bond FINRA Arbitration and Litigation Attorney: An “Investment Strategy” is nothing more than a plan to allocate assets among various investment classes such as stocks, bonds, cash or cash equivalents, commodities and real estate. An investment strategy should be based on an investor’s outlook on such things as…

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Joshua Constantin and Windham Securities, Inc. – South Florida Securities and Investment Fraud and Mismanagement FINRA Arbitration and Litigation Attorney
Russell L. Forkey

Securities and Exchange Commission v. Joshua Constantin, Brian Solomon, and Windham Securities, Inc. and Relief Defendants Constantin Resource Group, Inc. and Domestic Applications Corp.,, Civil Action No. 1:11-cv-4642 (MHD) (filed July 6, 2011) Court Finds Brokerage Firm and Two Former Executives Liable for Over $2.74 Million in a Fraudulent Misappropriation Case The Securities and Exchange…

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RBC Capital Markets Corporation nka RBC Capital Markets, LLC. – Delray Beach, Florida Closed – End Fund Unsuitable Recommendation FINRA Arbitration and Litigation Attorney
Russell L. Forkey

RBC Capital Markets Corporation nkn RBC Capital Markets, LLC, New York, New York: The Financial Industry Regulatory Authority, Inc. (FINRA) is a self-regulatory authority assigned the responsibility, by the Securities and Exchange Commission, to license, regulate and discipline securities broker/dealers and their employees, including account executives. In the event that FINRA elects to institute and…

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Should You Risk Your Home to Buy Securities or to Purchase Other Investments? South Florida Elder, Senior and Retirement Financial Abuse and Exploitation FINRA Arbitration and Litigation Attorney
Russell L. Forkey

South Florida Senior, Elder and Retirement Financial Abuse and Exploitation FINRA Arbitration, Litigation and Probate Estate Attorney: Should you risk your home to invest in stocks, bonds, mutual funds or other investments? In our opinion, the answer is no. Over the years, in our representing investors, those individuals that have been impacted the most by…

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High Pressure Sales of Annuities to Seniors and Others – Florida Variable and Fixed Annuity Fraud, Misrepresentation and Twisting FINRA Arbitration and Litigation Attorney
Russell L. Forkey

South Florida Variable and Fixed Annuity Fraud, Misrepresentation, Breach of Fiduciary Duty and Twisting FINRA Arbitration and Litigation Attorney: We recently were presented with the following factual situation. A single 82 year old, long retired woman received a “cold call” from a mortgage broker, who, after repeated telephone calls and visits to the woman’s home,…

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