Recover Your Investment Losses From Over-Concentration
It was the overconcentration in technology-related securities in 2001. The overconcentration in securities of financial institutions in 2008. The overconcentration in precious metals and commodities in 2011. Now it is the overconcentration in energy or oil & gas related securities.
While the purchase of any particularly speculative security may not be actionable as unsuitable, the over-concentration of an investor’s portfolio in one security, the securities of one issuer, or the securities of one industry or economic sector, if not reckless, is actionable as the failure to diversify. See In re Rafael Pinchas, Exchange Act Rel. No. 41816, at 10-12 (Sept. 1, 1999)(“the suitability rule can be violated if a representative’s recommendations are quantitatively unsuitable”)(emphasis added).
FINRA Conduct Rule 2310, with respect to the suitability of investment recommendations, and that duty to only make recommendations consistent with the customer’s stated tolerance for risk or expressed investment objectives, “is especially true where a broker/dealer’s recommendation leads to a high concentration in the customer’s account of a particular security or group of securities that are speculative.” See, e.g., In re Clinton Hugh Holland, Exchange Act Rel. No. 37991, at 8 (Dec. 21, 1995), aff’d., 105 F.3d 665 (9th Cir. 1997)
Over concentration or “the breach of the duty to diversify constitutes an independent basis of liability, separate from a breach of the general duty of prudence.” Liss v Smith, 991, F. Supp. 278, 301 (S.D.N.Y. 1998)(emphasis added); See also Stephen Torlief Rangen 52 S.E.C. 1304, 1308 (1997) (finding that broker’s recommendations were unsuitable, where they resulted in 80% of the equity in customers’ accounts being concentrated in one stock – ‘” by concentrating so much of their equity in particular securities, [the broker] increased the risk of loss for these individuals beyond what is consistent with the objective of save, non-speculative investing”).
Guiliano Law Group
Our practice is limited to the representation of investors. We accept representation on a contingent fee basis, meaning there is no cost to you unless we make a recovery for you. There is never any charge for a consultation or an evaluation of your claim. For more information, contact us at (877) SEC-ATTY.
For more information concerning common claims against stockbrokers and investment professionals, please visit us at stockbrokerfraud.com
To learn more about FINRA Securities Arbitration, and the legal process, please visit us at securitiesarbitrations.com