stock loss

My Broker put me in Leahman Brothers preferred stock. My Broker did not inform or advise me of the trouble the company was in. As a result, I lossed my entire investment. Is there any way I can recoup the loss either from the govenment or the Brokerage firm?
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Answers (5)

Edward Robert Wiest

Edward Robert Wiest

Contributor Level 1
Presuming your broker was not Lehman itself (which should be viewed as out of money), the key issues in compulsory arbitration with the broker would turn on whether your holdings of Lehman preferred stock would be deemed suitable, given your background, needs and other holdings, and what the broker-dealer knew about the parent company's financial condition as of the time of your purchase and if, as and when it issued fresh research on LBH while you held the preferred. I (or any other attorney) would need much more information from you concerning your history as an investor and the time frame of the investment in issue to provide a fuller answer.

There is no possibility (under current law) that any claim by Lehman equity holders against "the government" would succeed.

Please contact me if I may be of any assistance.
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Simon S. Kogan

Simon S. Kogan

Contributor Level 3
Pssibly.The question is did your broker know or should he have known of the risks facing Lehman Brothers. Second question is where did you have your account? Clearly the failure to disclose known risks is actionable under Section 10b of the Securities Exchange Act of1934 and rule 10b-5 promulgated thereunder. as well as common law fraud theories.Without a doubt, if your loss was substantial, you should contact a laywer experienced in securities arbitations.
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Joel Richard Beck

Joel Richard Beck

Contributor Level 4
You may have a case against the brokerage firm and the broker who recommended and sold you the stock, under a number of different theories. A broker has an obligation to recommend investments to you that are suitable, or appropriate for you, given your age, financial condition and investment objectives. A broker must also disclose material information about the investment product, both good and bad, when making a recommendation to you to buy or sell the product. Your question doesn't tell us when you bought the stock, what percentage of your net worth it was, or other information that must be reviewed when analyzing a potential claim. Its probably worth your time to have a consultation with a lawyer who works in the field of securities arbitration. if you do pursue a claim, you likely will have no choice other than taking your case before an arbitration panel sponsored by FINRA Dispute Resolution, based upon the account agreement you signed with the brokerage firm.

This is general information only, and should not be relied upon as legal advice. Consult your own lawyer for information relating to your specific situation.
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Lawrence Robert Gelber

Lawrence Robert Gelber

Contributor Level 3
You say your broker "put" you into the stock. If the broker bought the stock without your express prior consent, in the absence of written discretionary trading authority, you may have a claim of unauthorized trading. If your broker reconmended the stock at a time when he should have known about the problems, and if he failed to disclose them to you, you may have a claim for fraud based upon a "material omission." You have no claim against any government arising out of the stock trade you describe. You may have other claims, depending on your age, personal circumstances, size of the transactions, percentage of your assets that the transaction represented etc. If the underlying facts support your view of events, an experienced securities arbitration lawyer can help you recover on one or more legal theories of damages. These cases are very fact specific, so consult with a lawyer, provide all the facts and consider the advice. Good luck.
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house4rentsanjose

I bought LEH at $29.00 for 10K shares. Now it became worthless. What are the guidelines to claim this worthless stock? I also vested my AAPL options, which net gains in $500K in my W-2, can I offset this?
Is there class action suits again LEH for the type of my situation?
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