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ARE YOU A VICTIM?
It is difficult for investors to determine if they were the victim of securities fraud, investment fraud, or unsuitable investments. For that reason, most instances of securities and investment fraud remain unnoticed. It is not until an investor is facing the loss of their investment that they begin to suspect they may be a victim. Markets are volatile, and not all losses indicate fraud. However, if you weren't engaged in speculative and hawkish transactions, you may decide to pursue a more thorough investigation regarding your losses. Below you will find information regarding securities and investment fraud. If you believe you are the victim of securities or investment fraud, contact a Virginia investment and securities fraud lawyer today.
WARNING SIGNS OF SECURITES FRAUD
The following warning signs are not exclusive and do not necessarily mean you are a victim, but they are red flags of misconduct: Your account statements do not make sense and contain unauthorized transactions, debits, or credits; your broker doesn't respond to you; your broker unexplainably starts trading in speculative and high risk investments; your account decreases in value but you still pay capital gains tax; most of your broker's recommended investments decline in value; and, your broker does not disclose important information related to your investment purchase. If you experience some of these warning signs and believe there should be further investigation, contact a Central Virginia securities lawyer today.
FRAUD: OFTEN MISUNDERSTOOD
Securities fraud in Virginia requires a showing that a promoter, broker, or someone in the industry recklessly or intentionally misrepresented or omitted a material fact which the investor justifiably relied on and then directly suffered damages as a result of their reliance on the reckless or intentional misrepresentation. The investor must demonstrate a reliance or act on their part that was initiated by the alleged misrepresentation. However, if the investor claims the fraud occurred as an omission, rather than a misrepresentation, no proof of reliance is required, provided that the omitted information could have influenced the investor's decision. If you believe you are the victim of securities fraud in Virginia, contact a Central Virginia securities lawyer today.
THE LLC INTEREST AS A SECURITY?
The Limited Liability Company ("LLC") is now the most common type of business entity used by individuals starting a business. While most individuals associate securities with the issuance of stock by corporations, few associate the membership interest in an LLC with securities. Although partnership interests and membership interests in LLCs are not expressly listed in the Exchange Act's definition of "security", unlike traditional corporate stock, they may qualify as securities if they fall within the definition of an investment contract. Determining such a classification is a detailed process, the result of which may affect the transaction or case. If you are purchasing or selling an LLC, steer clear of trouble and contact a Central Virginia securities lawyer today.
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