Investor''s Guide to Loss Recovery - Rights, Mediation, Arbitration, and Other Strategies

Informationen zum Autor LOUIS L. STRANEY spent twenty-four years as a senior manager in the financial services industry, including a four-year tenure at the director level with Smith Barney. In 2007, he created Arbitration Insight, LLC, through which he currently provides expert witness and consulting services for securities- and commodities-related disputes. He has published articles in law journals and a self-study course on securities fraud for the Association of Certified Fraud Examiners (ACFE), where he provides training and is a regular speaker at U.S. and international conferences and events. Klappentext New financial regulations are impacting the options available to investors looking to recover assets. To date, the only reliable resources on securities arbitration have been either sensationalized accounts of how to sue Wall Street, or legal references, which provide no practical application. Filled with expert guidance showing investors how arbitration really works-and how it can work in their favor, Investor's Guide to Loss Recovery presents a more approachable and effective process to exercising rights as a victim, with coverage of: Litigation resources and strategies you need to get familiar with How to effectively file a claim-and the results you can expect Detailed scripts of initial attorney interviews in mediation and arbitration How to organize the massive amount of documents exchanged between parties Personal interviews with securities attorneys, experts, and investors How newly enacted regulatory reforms will impact the process and options for financial fraud victims You can fight back, persist, and demand both justice and monetary recovery. Investor's Guide to Loss Recovery equips you-as well as investors, financial advisors, and attorneys-with the expert knowledge, insight, and preparation needed to recover from investment misconduct. Zusammenfassung Essential guidance for recovery of lost assets through arbitration, mediation and other forms of conflict resolution Since the discovery of the Madoff fraud and investment scandals associated with the global credit crisis, investors have become aware that they can fight back and demand both justice and monetary recovery. Inhaltsverzeichnis Foreword xi Preface xiii Acknowledgments xix Introduction xxiii CHAPTER 1: Road to Recovery 1 A Sharp Stick 1 Dodd-Frank: The Engine That Could 2 Rejecting Acceptance 4 The Incalculable Threshold 5 Dealing with the Demons 6 What Went Wrong? 7 What Can Be Done? 7 Criminal Trials 8 Civil Litigation 14 Class Action Litigation 17 Mediation 18 Arbitration 20 Notes 21 CHAPTER 2: Rock, Paper, Scissors 25 Five, Cinq, Fünf, Cinco 25 Category 1 ADR: Member Firm versus Member Firm 27 Category 2 ADR: Employee versus Member Firm 29 Category 3 ADR: Member Firm versus Employee 31 Category 4 ADR: Member Firm versus Private Investor 33 Category 5 ADR: Investor versus Member Firm 34 Notes 38 CHAPTER 3: Paperwork and Nostalgia 41 Equity, Epieikeia , or Myth? 41 Challenge of Solo Flight 44 A Trip to the Clinic 46 Paper versus Panel 47 The Perfect Counsel Is Imperfect 48 The Cone of (Near Total) Silence 50 Historical Revisionism 51 Strange Ways 52 Notes 53 CHAPTER 4: Revolutionary Acts 55 Jewels Among the Stones 55 Three Chords and the Truth 57 Your Story, Your Commitment 57 The Edge of Courage 60 More Than a Suggestion 62 Customer Requirements, List 2 62 I See Something That You Don't See 64 Respondent Requirements, List 1 65 Negligence/Breach of Fiduciary Duty, Lists 9 and 10 66 Churning, Lists 3 and 4 67 Failure to...

List of contents

Foreword xi
 
Preface xiii
 
Acknowledgments xix
 
Introduction xxiii
 
CHAPTER 1: Road to Recovery 1
 
A Sharp Stick 1
 
Dodd-Frank: The Engine That Could 2
 
Rejecting Acceptance 4
 
The Incalculable Threshold 5
 
Dealing with the Demons 6
 
What Went Wrong? 7
 
What Can Be Done? 7
 
Criminal Trials 8
 
Civil Litigation 14
 
Class Action Litigation 17
 
Mediation 18
 
Arbitration 20
 
Notes 21
 
CHAPTER 2: Rock, Paper, Scissors 25
 
Five, Cinq, Fu¨nf, Cinco 25
 
Category 1 ADR: Member Firm versus Member Firm 27
 
Category 2 ADR: Employee versus Member Firm 29
 
Category 3 ADR: Member Firm versus Employee 31
 
Category 4 ADR: Member Firm versus Private Investor 33
 
Category 5 ADR: Investor versus Member Firm 34
 
Notes 38
 
CHAPTER 3: Paperwork and Nostalgia 41
 
Equity, Epieikeia, or Myth? 41
 
Challenge of Solo Flight 44
 
A Trip to the Clinic 46
 
Paper versus Panel 47
 
The Perfect Counsel Is Imperfect 48
 
The Cone of (Near Total) Silence 50
 
Historical Revisionism 51
 
Strange Ways 52
 
Notes 53
 
CHAPTER 4: Revolutionary Acts 55
 
Jewels Among the Stones 55
 
Three Chords and the Truth 57
 
Your Story, Your Commitment 57
 
The Edge of Courage 60
 
More Than a Suggestion 62
 
Customer Requirements, List 2 62
 
I See Something That You Don't See 64
 
Respondent Requirements, List 1 65
 
Negligence/Breach of Fiduciary Duty, Lists 9 and 10 66
 
Churning, Lists 3 and 4 67
 
Failure to Supervise, Lists 5 and 6 69
 
Misrepresentation/Omissions, Lists 7 and 8 70
 
Unauthorized Trading, Lists 11 and 12 71
 
Unsuitability, Lists 13 and 14 72
 
Reform through Reduction? 73
 
A Venue for Intellect and Reason 74
 
Notes 75
 
CHAPTER 5: Expect the Unexpected 77
 
Tracking an M-80 77
 
The Baker's Dozen 78
 
New Account Paperwork 79
 
Customer Monthly Statements 81
 
Customer Federal Tax Returns and Schedules 83
 
Communications 84
 
Presentations and Proposals 85
 
Commissions and Fees 86
 
Compliance Manuals and Evidence of Supervision 88
 
Business Unit Audit Results 90
 
Regulatory Central Data Records 91
 
Prospectuses and Offering Documents 92
 
Phone Records 93
 
Marketing Materials 93
 
Damage Calculations 94
 
Notes 97
 
CHAPTER 6: The Lean Compromise 99
 

In Other Words, Schiedsgerichtsvereinbarung 99
 
Augustinian Guidance 101
 
Mediation, Act I: Getting to Know You 106
 
Mediation, Act II: We Are Gathered Together 108
 
Mediation, Act III: I'm a Victim 109
 
Mediation, Act IV: Hold On, Not So Fast 111
 
Mediation, Act V: Deal or No Deal? 113
 
Notes 115
 
CHAPTER 7: Arbitration: People, Places, and Things 117
 
Arbitration (Third Century B.C.) 117
 
People 119
 
Places 121
 
Things 122
 
Arbitration Script 125
 
Notes 150
 
CHAPTER 8: The Advocates 151
 
Advocacy, Not Advice 151
 
Margery S. Bronster 152
 
Louis F. Burke 156
 
G. Kent Edwards 163
 
Richard S. Frankowski 167
 
Jan Graham 173
 
Charles C. Mihalek 176
 
Tina Morin 180
 
William S. Shepherd 186
 
Wisdom 2,3

Product details

• Authors: L.l Straney, Louis L Straney, Louis L. Straney, STRANEY LOUIS L, Straney Louis L.
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Released: 03.11.2011
• EAN: 9780470937624
• ISBN: 978-0-470-93762-4
• No. of pages: 240
• Series: Wiley Finance; Wiley Finance Editions; The Wiley Finance Series; Wiley Finance; Wiley Finance Editions
• Subjects: Social sciences, law, business > Business > Business administration; Kapitalanlage, Finance & Investments, Finanz- u. Anlagewesen, Kapitalanlagen u. Wertpapiere, Investments & Securities