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  • Attorneys David Meyer and Matthew Wilson have been selected to the list of Super Lawyers since 2011 and 2015 respectively.

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What Happens if a Broker Provides Misleading or Omitted Information?

When a financial advisor sits down with a client ready to make a recommendation, many times the advisor has sales or promotional literature to present to the client that includes performance reports of whatever they’re trying to sale. When discussing the recommendation, a broker will often use performance data and projections to give the client an understanding of how the product will perform in the future.

One of the main ways regulators try to protect investors is by prohibiting brokers from misleading clients with untrue or false statements, or leaving out material facts. There are specific things that brokers must disclose to their clients when using this past performance data.

For instance, the performance data often does not reflect transaction costs, fees, and the volatility of the investment, all things that are important considerations when making a purchase. When a fancy chart shows that a particular fund has made an average of 6% over the last 4 years, it may not be that simple. It could have actually lost 5% the first year, made 22% the second year, made 9% the third year, and then lost 2% the fourth year.

So the average performance of 6% sounds great, but it doesn’t account for the fund’s volatility. It also may not account for the 1% or more per year you would be paying in fees for an actively managed mutual fund. That 6% that you thought you would be getting is already inflated if it doesn’t account for expenses and fees.

If your broker has in the course of selling you a security, suggested to you to expect an investment to perform a certain way based on how it has performed in the past, he or she may have violated industry rules, especially if you were not given an understanding of how that performance data was calculated.

If you find yourself in that situation, give our firm a call to discuss your potential legal options. I hope this has been helpful.

Need More Information?

Investment misconduct can be complex and confusing. That’s why we’re here to help you. Visit our Common Questions page to find in depth answers directly from our attorneys. Get More Answers
Have You Been a Victim of Investment Fraud?

You trusted your financial advisor with your money, but now you're left wondering what went wrong. If you or a loved one suffered losses because of investment misconduct, Meyer Wilson can step in and fight to recover your losses. The team of investment fraud lawyers at the firm has been helping people like you since 1999 by winning judgments, settlements and verdicts worth hundreds of millions of dollars against brokerage firms, financial advisors and banks.

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