Since Nebraska borders Colorado and I live in Colorado, I am more familiar with its securities laws and regulations and Nebraska arbitrators. Because arbitrators are from the state or region where the investor resides, my familiarity with the arbitrator roster and individual arbitrators in Nebraska and surrounding states is a significant benefit. And remember that I do not need to be licensed in the state of Nebraska in order to represent Nebraska investors in securities arbitrations. I don’t even need to affiliate with local counsel. I also have the benefit of the knowledge of my husband Douglas Schulz ( Invest Securities Consulting ), who has been hired in over 1,140 securities related matters and testified in over 637 FINRA arbitrations and civil cases regarding investment and brokerage disputes. Because the majority of his expert work is also in Colorado and surrounding states, he too is very familiar with Nebraska securities arbitrators and arbitrations.
It is very important if you think you have a securities case to find a lawyer who is skilled in FINRA arbitrations, since your case will be required to be filed there. There are not that many lawyers in the country who specialize in this area, like myself. But one of the benefits of this area of law is that I do not have to be licensed in the states where my clients live. I have represented clients and arbitrated cases all over the country. Therefore, you can concentrate on hiring the best lawyer who specializes in this area wherever they may be located.
Investors in Nebraska are protected by legislative laws and statutes together with industry rules that prohibit brokers from engaging in fraud, unsuitable sales, churning, unauthorized trading, failure to supervise, breach of fiduciary duty, or negligence. Below are useful links and resources covering some of the investor protections available in the State of Nebraska:
- The Nebraska Department of Banking and Finance (NDBF) regulates securities in Nebraska. Specifically, Nebraska legislators created the Department of Banking to regulate state-chartered banks and other financial industries within the state. In 1939, regulation of state securities laws was also placed under the jurisdiction of the Department of Banking. Today, the Nebraska Department of Banking and Finance regulates and supervises various financial industries on behalf of the State of Nebraska and its residents.
- The Securities Act of Nebraska governs the registration, offer or sale of securities within or from Nebraska.
- FINRA is an independent regulatory agency that regulates all broker-dealers in the United States.
- Securities and Exchange Commission (SEC) also creates and enforces the securities laws.
Stoneman Law represents investors in all major Nebraska cities including Omaha, Lincoln, Bellevue, Grand Island, and Kearney. Our consultations are free of charge and the firm is only compensated if you recover.Where Do FINRA Arbitrations Take Place in Nebraska?
All arbitrations for Nebraska residents take place in Omaha.
And remember that arbitrations take place in the state where the investor resides, NOT where the brokerage firm or stockbroker office is located!!Nebraska Securities News
December 27, 2017. The NDBF announced its top threats for investors. The top threats were determined by surveying members of the North American Securities Administrators Association, of which NDBF is a member, to identify the most frequently identified source of current investor complaints or investigations. The following were cited most often:
- Promissory Notes: A promissory note is a written promise to pay (or repay) a specified sum of money at a stated time in the future or upon demand. Companies may sell promissory notes to raise capital, and usually offer them only to sophisticated or institutional investors. But not all promissory notes are sold in this way. Promissory notes from legitimate issuers can provide reasonable investment returns at an acceptable level of risk, although state securities regulators have identified an unfortunately high number of promissory note frauds. Investors should be cautious about promissory notes with durations of nine months or less, as these notes generally do not require federal or state securities registration. Such short-term notes have been the source of most (though not all) of the fraudulent activity involving promissory notes identified by securities regulators.
- Real Estate Investments: The promise of earning quick money through investments related to real estate continues to lure investors. Investors should be cautious about real estate investment seminars, especially those marketed aggressively as an alternative to more traditional retirement planning strategies involving stocks, bonds and mutual funds. Two of the most popular current investment pitches at these seminars involve so-called “hard-money lending” and “property flipping.” Hard-money lending is a term used to refer to real estate investments financed through means other than traditional bank borrowing. Investors may be tempted by the opportunity to earn greater rates of return by participating on a hard-money loan and may (or may not) appreciate the potential risks. Property flipping is the practice of purchasing distressed real estate, refurbishing it, and then immediately re-selling it in hopes of earning a profit. Property flipping financed through borrowed funds or outside investments can be done entirely lawfully, but it can also be a source for fraud. A scammer may, for example, defraud potential investors in the flip by misrepresenting the value of the underlying property or its profit potential.
- Ponzi/Pyramid Schemes: A Ponzi scheme (named after 1920’s swindler Charles Ponzi) is a ploy wherein earlier investors are repaid through the funds deposited by subsequent investors. In a Ponzi scheme, the underlying investment claims are usually entirely fictional; very few, if any, actual physical assets or investments generally exist. As the number of total investors grows and the supply of potential new investors dwindles, there is not enough money to pay off promised returns and cover investors who try to cash out. Similarly, a pyramid scheme is a fraudulent multi-level marketing strategy whereby investors earn potential returns by recruiting more and more other investors. Multi-level marketing strategies are not intrinsically fraudulent, and there are many legitimate multi-level marketing companies offering various consumer products and services. What makes a multi-level marketing strategy into a fraudulent pyramid scheme is the lack of a genuine underlying investment enterprise or product upon which the strategy can hope to be sustained.
- Oil &Amp; Gas Investments: Many oil and gas investment opportunities, while involving varying degrees of risks to the investor, are legitimate in their marketing and responsible in their operations. However, as in many other investment opportunities, it is not unusual for unscrupulous promoters to attempt to take advantage of investors by engaging in fraudulent practices. These investments may be marketed as safe and secure, high-yield investments and therefore attract investors, such as seniors, who are interested in safety of principal with some income-producing potential. Oil and gas ventures are typically highly speculative, though, and may not be suitable for many investors. Because these ventures are so speculative, the potential for fraud is rife. Scammers may misrepresent the likelihood that an oil or gas well will be successful – or may not even ultimately drill a well at all. Fraudulent oil and gas schemes frequently take the form of Ponzi schemes, with investors’ funds being “recycled” to keep the scheme going.
- Affinity Fraud: In an affinity fraud, a con artist uses some sort of connection with the victim as the basis for the fraud. Affinity frauds may involve people who attend the same church, belong to the same club or association, or share a common hobby. The con artist knows it is often easier for victims to trust someone who seems to be like them. And once trust is gained, it is easier to exploit that trust to perpetrate a scam. Once a victim realizes that he or she has been scammed, too often the response is not to notify the authorities but instead to try (usually unsuccessfully) to solve problems within the group. Affinity fraud can not only be financially devastating to the victims, but often has the perverse effect of causing victims to lose trust in the group or affiliation that was previously a source of comfort or support. The psychological damage can be just as harmful as the financial damage.
The unfortunate problem is that only those who have already experienced an investment problem will be likely reading the above warnings. Too late for those who have already fallen victim to any of the above schemes. The misconduct above can be committed by the scamster who just hangs a “Financial Advice” sign on his door or stockbrokers at brick and mortar brokerage firms. There are wrongdoers in all aspects of the securities business.