Sarasota County Bar Association
Manatee Chamber of Comerce


This type of misconduct means that the broker knowingly withheld information or gave false information about an investment. If you had the correct information, you would not have made the investment. Failing to reveal the facts about risk, or any other aspect of an investment, is a serious misconduct issue.

Another angle of misrepresentation is Omissions. This just means that the broker has left out details. These details would be critical to your decision making process before deciding to invest.

Did you lose money after your broker claimed that a security was a ‘guaranteed investment’, ‘secured’, or a ‘can’t lose’ opportunity? If your broker lied – whether it was an outlandish sales pitch or failing to disclose risks and other material information – you may have a claim for fraud or misrepresentation.

Fraud and Misrepresentation Explained

When you make investment decisions with a stock broker, there’s a good chance that you relied on statements made by your broker. If those statements were untrue, your broker knew that the statements were untrue, and those statements were important to your investing decision, you may have a claim for fraud or misrepresentation.

What’s the Rule?

The Securities and Exchange Commission has developed rules and outlines for making a fraud or misrepresentation claim. The burden of proof is often high in these cases and it can be difficult to prove all the elements of a case.

The elements for a successful claim are 1) evidence that your broker knowingly made a false claim about a material fact, 2) evidence that the broker acted with intent to mislead or commit fraud, and 3) evidence that you relied on the broker’s statements when making the investment.

There can be a number of challenges with a fraud or misrepresentation case, but our the team at Gucciardo Law Group can assess the strength of your case and also determine if you have other claims against your broker.

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