Practice Areas

Securities

Securities involve stocks, bonds and other debt instruments, investments in equipment leases, promissory notes, debentures, investors, claims concerning management of registered investment companies, proxy and tender offer litigation, and enforcement of actions brought by the Securities Exchange Commission (SEC). Unfortunately, securities are only as good as the future worth of the corporation or agency’s management, and as a result of the economy many concerns and issues in the securities field have arisen and litigation has increased.

Many investors, in today’s economy especially in markets like Florida and California have lost considerable amounts of their money due to being defrauded. Allow Gilbert & Caddy to get back your lost investments and proceed on your behalf against anyone who has defrauded you.

Gilbert & Caddy’s security and securities fraud division covers issues such as:

The area of securities and securities fraud is inundated with complex rules, case law, and federal and state regulations and due to our over 25 years of combined legal experience, Gilbert &Caddy is able to simplify and present to you the issues or concerns that can and will arise when proceeding on securities claims or proving you have been defrauded and taken advantage of.


Insider Trading: Is when an individual who has potential access to non-public information about a company uses that information to trade a corporation’s stock or other securities. Insider Trading applies to everybody and is not exclusive to directors, managing members, or executives. If you are charged with Insider Trading, contact Gilbert & Caddy so we can defend you and settle your case or potentially have the charges dropped and prevent you from losing your freedom.
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Breaches of Fiduciary Duty and Supplying False Information: Each professional broker owes their client a duty to operate legally in the best interest of their client. A broker breaches this duty when they act contrary towards your best interests such as: providing false information, hiding money, investing money in other ventures that you have not authorized, or stealing your money. Such conduct is reprehensible and in strict violation of the law. Our firm will fight for you every step of the way to guide you through this process in order to make you whole and obtain all damages that you have incurred do to the result of your broker taking advantage of your trust.
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Unauthorized Trading: Brokers are required to note all of the specifics of each trade they conduct and once the order is executed your Broker is required to inform you of the relevant information regarding the trade and provide you with confirmation after the trade actually settles. Your broker is not allowed to purchase or sell a security without your consent, this includes, trading outside the discretionary authority agreed to, trading securities outside your objectives, or saturating too much risk in one security.

Do not let your Broker convince you to broaden his authority and act contrary to your best interests. You Broker may have provided you with insufficient explanations, such as: “There was a mathematical or clerical error”; “I will make it up and cut my commission on the next trade”; or “You are going to make your money back”. Do not let your Broker get away with insufficient explanations and excuses for their unauthorized actions. Time in these types of cases is very important and action must be initiated in order to proceed effectively. The firm of Gilbert & Caddy has the experience to act quickly without sacrificing quality to preserve your claims and file the necessary complaints with the Securities Exchange Committee.
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Securities Violations: Securities Regulation is regulated on the federal scale by the SEC and generally focuses on two federal statutes – TheSecurities Act of 1933 and the Securities Act of 1934. These federal statutes regulate: (1) the original issuance and subsequent trading of securities; (2) the markets in which securities are traded; and (3) the parties that do the trading. In addition to the federal regulations above, “Blue Sky Laws” the specific states form of regulation on securities.

The primary goal of the SEC and the Blue Sky Laws is to make the market a fair place for investors to put their money in the hope of profitable returns. The SEC regulations and “Blue Sky Laws” more specifically cover securities fraud and insider trading to ensure an equal playing field for all investors.

The SEC can prosecute issuers and sellers who sell unregistered securities and seek civil penalties if a party violates the Securities Acts. The SEC cannot bring actions on behalf of individual investors, however the Securities Acts and Blue Sky Laws do allow individual investors to bring civil actions to seek relief for the damages they have suffered. Contact Gilbert & Caddy so you can know your legal rights and how to proceed with getting compensated for your damages.

Of course for every regulation, statute, or case law covering securities violations, there are exceptions, exemptions, and valid defenses. Although the area of securities is heavily regulated, Gilbert & Caddy is well versed on how to defend SEC and Blue Sky Law violations to best assist you in defending, settling, or having your case get dismissed.

In order to be registered, the SEC requires certain information about the securities to be provided: (1) A description of the company offering the securities; (2) The type of securities being offered for sale; and (3) Who manages the company. Once this information is registered, the SEC makes that information available to the public, however most companies for ease of use and conveyance provide the information on their own websites.

Companies are required to provide accurate and true information during the registration process. If a company you invested securities with knowingly provided you with false information you are allowed to obtain monetary damages and file a complaint with the SEC. Gilbert & Caddy has experience with enforcing and defending SEC violations and complaints. SEC and Blue Sky Law violations are serious offenses that require a great understanding of the federal and state law regulations on securities. Gilbert & Caddy’s experience in the field of securities will allow us to advise you every step of the way so you can proceed with confidence in understanding your legal rights.
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The Securities Exchange Act of 1933: The SEC enforces the Act of 1933 and applies to the distribution of securities. Unless otherwise exempted the SEC requires a registration statement to be filed on all the securities offered or sold to the public. The key goal of the Act of 1933 is to inform potential investors and promote fair dealing in the securities markets. The 1933 Act requires issuers to publicly disclose significant information about themselves and the terms of the securities. In order to fully understand the rules and regulations as well as defenses regarding the Act of 1933 it may be in your best interest to retain Gilbert & Caddy, a firm with the over 25 years of experience in securities, so you can know what legal ground you stand on.
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