Fraud or Theft
The most blatant of unlawful tactics is fraud or outright theft by a
broker. An example of theft is the case where the broker instructs an
investor to write a check payable to the broker personally or to a
company other than the brokerage firm, and the money never reaches the
investor's account. Investors should take all possible precautions when
seeking the assistance of a broker, including checking the broker's and
the brokerage firm's credentials.
Failure to Supervise
A brokerage firm must supervise its individual brokers and their
recommendations to investors to ensure compliance with and prevent
violations of the rules of the securities industry, or risk liability
to the investor.
Registration Violations
Under federal securities laws and state "blue sky" laws, brokers and
brokerage companies must be registered to sell securities to residents
of their states. In addition, most states require that the securities
sold to their citizens be registered or properly exempt from
registration.