Brokers Disputes

WITES & KAPETAN, P.A. represents investors who have lost money due to the wrongful conduct of their brokers, such as:

  • Fraud: Making fraudulent representations or omissions that induces the investor to buy or sell an investment.
  • Suitability: Recommending investments and/or portfolios that are unsuitable for the investor based the investor’s age, income, net worth, education, investment experience, investment objectives and/or tolerance for risk.
  • Churning: Excessively trading an account to generate more commissions for the broker.
  • Unauthorized Trading: Trading an account without authorization.
  • Forgery or theft.

Marc Wites gained his experience in the investment field from representing brokers, brokerage firms and clearing firms in claims brought by investors in arbitrations and court proceedings. Since founding Wites & Kapetan, P.A., Marc’s practice is limited to the representation of investors in claims against brokers, brokerage firms and clearing firms.

Most investment disputes are resolved through arbitration because virtually all account agreements between investors and brokerage firms require that such disputes be resolved in arbitration. Unlike a court case, in which a judge and/or jury determines who wins or loses the case, arbitrations typically involved a panel of three arbitrators who determine the outcome. Securities arbitrators are often attorneys, accountants, business people and members of the brokerage industry. Arbitrations are held in a conference room, rather than a courthouse. As in a court proceeding, each side is given the opportunity to present evidence through testimony and documents, and to cross-examine the opposing party’s witnesses. The arbitrators deliver a written decision to the parties within 30 days of the conclusion of the arbitration, which is commonly called an “award”.

All initial consultations for brokerage dispute cases are free, and most cases are accepted on a contingency fee basis. In other words, if we accept your case, you will not be obligated to pay our firm any attorneys’ fees unless we obtain a settlement or award at arbitration. Costs are additional.