The Law Offices of Robert Wayne Pearce, P.A. has spent decades fighting for investors who have been deceived, misled, or outright stolen from by the brokers and financial advisors they trusted. As Atlanta investment fraud attorneys, we handle complex cases throughout Georgia, guiding clients from the initial consultation all the way through final recovery. We understand the financial and emotional toll this kind of betrayal takes on you and your family, and we want you to know that help is available.
What is investment fraud?
Investment fraud occurs when a broker, financial advisor, or firm deceives you in order to profit at your expense. It can take many forms, from outright lies about an investment’s potential to the deliberate omission of facts you had every right to know before putting your money at risk. Unauthorized account activity, hidden fees, and manipulated account statements all fall under this umbrella as well.
Many victims don’t realize anything is wrong until they take a close look at their accounts and the numbers don’t add up. Both Georgia state securities laws and federal law prohibit these practices and provide you with legal options to recover what was taken.
Common signs of investment fraud
If your account statements show trades you never authorized or losses you can’t explain, that is worth taking seriously. Brokers who discourage you from asking questions, delay sending your account statements, or give vague answers when you ask about performance are raising red flags that should not be ignored.
Many of our clients tell us they felt pressured to keep reinvesting before they ever had a real chance to review their financial statements and understand what was happening. Promises of consistently high returns regardless of what the market is doing are another warning sign, and no legitimate investment works that way.
Types of investment fraud we handle
We handle a wide range of investment fraud cases across Atlanta and throughout Georgia, including Ponzi schemes, unauthorized trading, excessive trading, and unsuitable investment recommendations. If any of the situations described below sound familiar, contact us to discuss your options.
Ponzi schemes
A Ponzi scheme is a type of securities fraud where returns paid to existing investors come directly from money brought in by new investors, rather than from any legitimate profit-generating activity. The operator has no real business, only the illusion of one.
What makes these schemes so damaging is that they are often run by people who present themselves as credible, licensed financial advisors. Most victims only discover the truth after the scheme collapses and their savings have already disappeared. The SEC and FINRA both maintain public databases where you can verify whether your advisor is properly registered before you invest.
Unauthorized trading
If you have ever looked at your brokerage account and seen trades you never asked for, you may be the victim of unauthorized trading, which occurs when a broker executes transactions without your approval. It is not a gray area. Brokers have a fiduciary duty, meaning a legal obligation to act in your best interest, and placing trades without your consent is a direct violation of that duty.
Even a single unauthorized trade can constitute broker misconduct and give you grounds for a legal claim. If you have noticed transactions in your account that you never agreed to, you may be entitled to recover the full value of every one of those trades.
Excessive trading (churning)
Churning happens when a broker trades your account far more often than your investment goals would justify. Each trade generates a commission for the broker, not a benefit for you. The result is an account bleeding money through fees while your actual returns go nowhere.
A broker doing this to a retiree’s account can wipe out years of savings in a matter of months. The victim often has no idea until the damage is done. Churning violates FINRA rules, and securities litigation to recover those losses is built on your trade confirmations and account statements. Your attorney will know exactly how to use that documentation.
Unsuitable investment recommendations
Did you know that brokers can be held legally liable when they recommend investments that have no business being in your portfolio? Suitability rules require brokers to recommend only investments appropriate for your age, income, risk tolerance, and financial goals. When they ignore those requirements, you have the right to hold them accountable.
The investment losses that result from unsuitable recommendations can be severe. One client came to us after a broker placed her entire retirement savings into high-risk options she never asked for. She couldn’t afford to lose that money, and the account was wiped out in under two years. Unsuitable recommendations are among the most common claims brought in FINRA arbitration hearings, and they are also among the most winnable.
What are Georgia’s securities laws?
Georgia’s securities laws exist specifically to protect investors like you from fraud and to hold brokers and advisors accountable when they break the rules. The Georgia Securities Act of 2008 governs the sale of securities within the state and requires that all financial advisors operating here be properly licensed and registered.
Enforcement falls under the Georgia Secretary of State’s Securities Division, which has the authority to investigate fraud complaints, impose civil penalties, and revoke the licenses of bad actors. Federal laws also apply alongside Georgia statutes in many cases, giving victims multiple avenues for recovery. SEC Rule 10b-5, for example, prohibits any deceptive practice in connection with the purchase or sale of a security.
What is the statute of limitations for investment fraud in Georgia?
Under the Georgia Securities Act, victims of investment fraud generally have five years from the date of the violation to file a claim. Acting quickly still matters, because both Georgia and federal law impose strict deadlines that can permanently bar you from recovering anything if they pass.
Federal law often starts the clock at the moment you discovered the fraud, or reasonably should have discovered it. Waiting too long after recognizing something went wrong can cost you your right to recover. FINRA arbitration claims carry their own deadline as well. Under FINRA Rule 12206, there is a six-year eligibility window from the date of the event giving rise to the claim. If you have any reason to believe fraud has occurred, the right time to speak with an attorney is now.
How can an Atlanta investment fraud attorney help you?
An Atlanta investment fraud attorney investigates your case, builds the evidence your claim depends on, and handles every step of the FINRA arbitration process on your behalf. When you’ve been the victim of investment fraud, that kind of focused representation gives you the best possible chance of recovering what you’re owed.
The licensed attorneys at the Law Offices of Robert Wayne Pearce, P.A. have helped hundreds of Atlanta investors reclaim what was taken from them. We identify every available avenue for recovery, whether that means state claims, federal claims, or civil litigation. You focus on moving forward while we handle the fight.
How does the FINRA arbitration process work in Atlanta?
Most investment fraud disputes in Atlanta are resolved through FINRA arbitration rather than traditional court. Understanding how that process works can help you feel more confident about moving forward. FINRA arbitration, which stands for Financial Industry Regulatory Authority arbitration, is a formal dispute resolution process specifically designed for securities industry claims.
You begin by filing a statement of claim that outlines what happened, who is responsible, and what damages you are seeking. Both sides then present their evidence and arguments at arbitration hearings before a panel of neutral arbitrators, who issue a binding decision. That award can be enforced in federal court if the firm refuses to pay, which means a favorable outcome carries real weight.
Can I recover my investment losses?
Yes, and in many cases victims of investment fraud in Atlanta can recover far more than just the money they lost. Recoverable damages can include your principal losses, lost interest on those funds, consequential damages, and in some cases attorneys’ fees as well.
When a broker’s conduct is found to be willful or particularly egregious, punitive damages may be available on top of that, as a way of holding the perpetrator accountable beyond simple repayment. Deceptive practices rarely affect just one victim, and the legal system reflects that. Robert Wayne Pearce has recovered over $185 million for defrauded investors nationwide. If there is a path to recovering what was taken from you, our attorneys will find it.
What should I look for when hiring a fraud lawyer in Atlanta?
Look for an attorney with direct experience in FINRA arbitration and a documented record of recovering investment losses for clients in Georgia. Not every attorney is equipped to handle these cases, and choosing the right one has a real impact on your outcome.
Ask whether the firm offers a free initial consultation and works on contingency, meaning you pay nothing unless they recover money for you. You should also verify your attorney’s background through FINRA BrokerCheck and client reviews before making a decision.
Investigations of Atlanta, Georgia Brokers by the Law Offices of Robert Wayne Pearce
Based on the Law Offices of Robert Wayne Pearce’s investigations published on secatty.com, at least three Atlanta-area brokers have been named in connection with multiple customer complaints. Robert Rumley, III (CRD #4474706), currently registered with William Blair in Atlanta and formerly with Morgan Stanley, has been the subject of 2 customer complaints known to the firm, one of which was denied by Morgan Stanley with the investor taking no further action. Joseph Depasquale (CRD #4261826) of American Capital Partners, LLC in Atlanta has been the subject of 2 customer complaints, one filed within the last year, with one settled in favor of investors and one currently pending against American Capital Partners for alleged misconduct causing investment losses.
Contact the Law Offices of Robert Wayne Pearce, P.A. to learn more about investment fraud in Atlanta
If you have lost money due to broker misconduct, fraudulent schemes, or any form of investment fraud in Atlanta, you do not have to face this alone. Our fraud lawyers are ready to review your case and help you understand your options.
Call us today at (800) 732-2889 or fill out our online form to schedule a free consultation.