The attorneys of Gana Weinstein LLP focus their practice almost exclusively in the areas of securities litigation and arbitration around the nation and within the State of New Mexico.
Securities arbitration is an important area of law that requires a special knowledge of the complicated laws to properly navigate investors’ rights.
Securities misconduct is always unique. Sometimes, brokers buy and sell securities excessively for the purpose of generating commissions – this conduct is known as churning. Other times, brokers’ misrepresent the risks of securities or sell unsuitable securities to investors.
It is important to remember investors are protected by both federal and state legislative statutes and also by industry rules that prohibit brokers from engaging in churning, unauthorized trading, fraud, unsuitable sales, and other forms of misconduct. Below are useful links and resources covering some of the investor protections available in the State of New Mexico.
The Securities Division of the New Mexico Regulation and Licensing Department regulates securities in New Mexico. The Securities Division licenses and regulates activities of nearly 100,000 broker-dealers, investment advisers and their representatives in New Mexico. The Division has the authority to deny, suspend, or revoke licenses for firms or individuals that violate New Mexico or federal securities laws. In addition, the Division has the authority to impose civil penalties and issue orders to cease and desist from further violations of the law.
One of the primary objectives of the Securities Division is to aggressively pursue criminal and civil actions against individuals or firms accused of defrauding investors. The Division takes allegations of investor fraud seriously and investigates them thoroughly, working with state and federal law enforcement officials when necessary.
The securities registration section is primarily responsible for reviewing all public, non-traded offerings of securities to determine whether they meet the requirements of the State as well as the North American Securities Administrators Association (NASAA) in order to protect the rights of the residents. Registered offerings are reviewed to determine whether there is a fair allocation of risk between the investors and the promoters, and to ensure that the offering documents adequately disclose the known risks of the investment. In addition, we help New Mexicans with registrations, exemptions and numerous other securities-related questions. In order to lawfully offer securities in New Mexico, securities must be either registered, utilize an exemption, or qualify as a covered security.
FINRA is responsible for enforcement and overseeing private arbitration for all broker-dealers in the United States.
It is important to remember that many of these agencies cannot help you recover your lost investments. A recent study showed that less than 13% of securities enforcement action resulted in investor compensation. The securities attorneys at Gana Weinstein LLP apply a detailed forensic approach to understanding your investments and apply the appropriate law to advance your causes.
Gana Weinstein LLP represents investors in all areas of New Mexico including Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell, and Farmington. To learn more about securities topics please visit our Securities Arbitration & Litigation page.