Over $100 Million of Investors' Losses Recovered
Securities Fraud Attorneys Representing Clients in New York and Nationwide
Fitapelli Kurta is a national law firm that represents investors in cases involving investment and securities fraud. Our securities fraud practice is unique because our law firm does not represent any banks or major financial institutions - only harmed investors. We also never charge hourly for our services. We only accept cases on contingency, meaning our firm is not paid anything unless we are able to successfully recover funds on our client's behalf. Because we work this way, we have a vested financial interest in the success of all of our cases. If our clients aren't successful, neither are we.
Proven Track Record
We have recovered over $100 million prosecuting investment and securities fraud cases for investors throughout the United States. While most of our cases conclude with a confidential settlement, our firm has taken numerous cases to verdict - achieving multiple individual verdicts in excess $1 million. This willingness to try difficult cases has earned us industry awards and favorable press. However, and more importantly, our successful track record has also earned us a reputation in the financial industry among major financial institutions and the large law firms that they employ to defend them. We are known in the industry as being smart, aggressive and creative litigators.
Often, investors retain professionals to make investment decisions for them because they do not have expertise in securities and other investments. Brokers owe a duty to investors, who have entrusted them with these critical decisions. Unfortunately, not all brokers are trustworthy. If you were a victim of stock fraud anywhere in the U.S., the experienced securities fraud lawyers at Fitapelli Kurta stand ready to help you. Our knowledgeable team can investigate the specifics of your situation and pursue recovery from any parties responsible for defrauding you.
Discuss Your Case with a Skilled Securities Fraud Attorney
If you were a victim of fraud in the securities industry, you can consult the securities attorneys of Fitapelli & Kurta. Our founding members began their legal careers at large defense firms, representing investment professionals and organizations. However, they now dedicate their valuable time, knowledge, and insights to serving investors who have been wronged. We have substantial skills and resources and have earned notable results for investors across the nation, including many arbitration settlements that have totaled millions. Call us toll-free at (877) 238-4175 or use our online form to set up an appointment.
Federal Securities Laws
Stock Fraud Arbitration Process
Free Case Evaluation
Our experienced securities attorneys will discuss the strengths and weaknesses of your potential claim during a free intake call. During this call, we may ask potential clients to send us certain documentation regarding their claim, including account statements from the brokerage firm at issue. A normal intake call may last between 20 and 45 minutes depending on the complexity of your case.
Retention Work with Fitapelli Kurta
Once we have determined that we will pursue your case and that you are willing to retain Fitapelli Kurta, we will send you our form retainer agreement. This agreement will explain your rights as our client and will detail our contingency fee structure. Under the terms of the agreement, you are not responsible for any attorneys fees to Fitapelli Kurta if the firm does not collect anything on your behalf.
Statement of Claim
Our first step in arbitration will be to draft the statement of claim. In arbitration, a document called a Statement of Claim is filed with the Financial Industry Regulatory Authority, or FINRA. This document is similar to a Complaint filed in court. The statement of claim will contain the basic facts of your case, our theory of liability and our monetary demand on the broker dealer.
Once your Statement of Claim is filed, both parties rank a list of arbitrators compiled by FINRA. These arbitrators will serve as both judge and jury for your case. During this phase, we will review resumes and prior awards from the pool of arbitrators that were randomly selected by FINRA. Similar to selecting a jury, both sides will have the right to automatically strike certain arbitrators. The remaining arbitrators will be listed in order of preference and submitted to FINRA as our final selection.
Initial Pre-Hearing Conference Call
The IPHC, or initial pre-hearing conference call, is a scheduling call between the attorneys and the appointed arbitration panel where hearing dates and deadlines will be established. The IPHC is typically held three months after the Statement of Claim is filed. FINRA typically selects hearing dates approximately nine months from the IPHC, allowing for a case to be fully adjudicated in 12 to 15 months; however some cases are adjudicated faster or slower depending on various factors.
In arbitration, the parties are required to provide each other with certain documents necessary for the prosecution and defense of a case. As a claimant, you will be required to produce your tax returns, account statements and correspondence with the broker dealer. Once your Statement of Claim is filed, we will work with you to gather these documents. Please refer here for our discovery guide, which lists in detail all documents that need to be produced by a claimant.
Although not required, the FINRA rules permit the parties to engage in limited motion practice. When a party files a motion, they are formally asking the arbitration panel to issue an order. The most common types of motions that are filed in FINRA are motions to compel discovery where one party fails to or refuses to voluntarily cooperate with discovery, as required by the rules.
As with most court actions, it is often in the parties collective interests to attempt to resolve a case amicably without the need for a formal adjudication by the Arbitration Panel. In our experience, there is usually a joint effort by both parties prior to an arbitration hearing to attempt to amicably resolve a case to avoid the cost and inconvenience of a hearing and the uncertainty of the result.
Assuming your case has not settled, the pre-hearing phase is where we work with you and other witnesses to prepare for the arbitration hearing, which is very similar to a trial. We will also prepare all of the other components you will need to win your case including exhibits and draft a pre-hearing brief for the arbitration panel, identifying and summarizing key legal issues in your case.
Hearing / Award
An arbitration hearing is very similar to a trial, however, unlike a trial where there is typically a judge and a jury, the jury and judge of an arbitration hearing is the arbitration panel. The hearing will usually be located near where you lived during the time the dispute arose. Most hearings will last between three and five days, but more complex hearings may take several weeks. Within thirty days of the conclusion of the hearing, the arbitration panel will render its award. The parties then have thirty days to comply with the award.
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