HOW DOES INVESTMENT FRAUD OCCUR?
Investment fraud or securities fraud, often involves the following:
- Projection of unrealistic returns
- Ponzi schemes
- Failure to disclose material facts
- Failure to disclose risks
- Churning an account
- Misstatements of material facts
- Concentration in one stock or industry
- Unsuitable investments
- Using proceeds for undisclosed purposes
When it comes to choosing an attorney to handle your case, results matter. The Law Offices of Nate Kelly specialize in handling claims of investment fraud under the Federal and State Securities Laws, recovering millions of dollars for clients over the last decade. Our results are our calling card!
While investors who believe they may have been defrauded are right to be concerned about spending "good money after bad", securities fraud litigation may be the best ROI you can find. We don't just know the law, we put it into practice to secure real results.
CALIFORNIA LAW PROTECTS INVESTORS
California law provides the remedy of rescission (you give back the stock and get your money back) under certain circumstances for those who have purchased securities that are not properly registered under Corporations Code Section 25110. Corporations Code Section 25503 imposes liability for the money back plus interest upon a person violating Section 25110. This claim is solely based upon whether or not certain technical registration, qualification or exemption requirements have been met by the issuer of the security; if the technical requirements of registration or exemption were not met, investors can recover the money paid for the securities without having to prove fraud.
California law also prohibits fraud in the offer and sale of securities, under Corporations Code Section 25401, which makes it illegal to offer, sell or purchase securities through untrue statements or omissions of a material fact. The victim has the right to sue to recover damages or rescission. California law does not require that the investor prove that he or she actually relied upon a untrue statement or material omission, which is a huge benefit to defrauded investors.
In order for a securities fraud claim to be governed by California Corporate Securities Law, the offer to sell must emanate from California or the offer to buy must be accepted in California. See, California Corporations Code Section 25008(a) and (b). It is not necessary for the investor to be in California, or to be a resident of California, in order to sue under the California Corporate Securities Law of 1968.
Claims for relief under for securities fraud under Corporations Code Sections 25401 and 25501 are governed by the statute of limitations in Corporations Code Section 25506, which requires that the case must be filed within five years after the act or transaction constituting the violation, or within two years after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire.
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