A National Securities Arbitration & Investment Fraud Law Firm - Elder Financial Fraud Attorneys

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Representation in State Court

While financial fraud and elder fraud are subject to both state and federal laws, the enforcement of these laws is based upon numerous factors that will help determine the appropriate stage for your claim against those who have financially defrauded either you or your family. These factors include:

  • Which laws – whether state, federal, or both — were violated
  • The type of fraud involved
  • The amount of financial loss involved
  • Where the fraud took place, whether in a state, across state borders or across national borders
  • What kind of federal or state public services were utilized in the fraud (including the U.S. Postal Service, SEC filings, telecommunications and others)

Common types of financial fraud

Unfortunately, financial fraud takes many forms, including elder fraud, stockbroker misconduct, pension and trust fund fraud, identity theft, fraud related to securities, commodities, and other investments, bank fraud, embezzlement, elder financial fraud, and Ponzi schemes, to name a few.

Laws that govern financial fraud can vary from state-to-state, making it imperative that your legal representation be well versed in the nuances of each state’s regulations. Each state court holds the opportunity for more individualized actions.

The attorneys at Silver Law represent clients nationwide, and possess a wealth of experience navigating state-specific regulations and requirements – with a successful track record to prove it.

Take securities fraud in Florida, for example

The state of Florida has specific stipulations regarding both investment fraud and the exploitation of the elderly. Overall, investment fraud is covered by Florida Statute 517.301: Fraudulent transactions; falsification or concealment of facts:

  • (1) It is unlawful and a violation of the provisions of this chapter for a person:
    • (a) In connection with the rendering of any investment advice or in connection with the offer, sale, or purchase of any investment or security…:
      • 1. To employ any device, scheme, or artifice to defraud;
      • 2. To obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
      • 3. To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon a person.

In addition, Florida Statute 825.103 (Exploitation of an elderly person or disabled adult) addresses cases of elder fraud and abuse. The state considers an elderly or disabled person to be exploited when someone:

  • Knowingly, by deception or intimidation, deprives the victim of use or benefit of personal funds;
  • Knows or reasonably should know that the elderly person lacks capacity to consent; and
  • Breaches his/her fiduciary duty to an elderly person which results in an unauthorized appropriation.

Silver Law Group attorneys are intimately familiar with Florida financial fraud statutes and state laws across the nation. Our attorneys have successfully pursued court cases in which financial professionals and others violated various states’ laws against elder financial fraud; we are well versed in cases involving not only brokers, but banks, accountants and others involved in financially fraudulent activities.

Our services are provided on a contingency-fee basis, which means we are only compensated if there is a recovery of losses. For more information, contact us for a complimentary consultation.

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