You are here:
| Subject | Date Asked | Expert |
| On-line trades that were not filled | 7/18/2011 | Stuart Meissner Esq |
| Q: I have been day trading and an options retail trader with this on line broker since 2008. I ... A: Most brokerage firm agreements require any disputes to be conducted through FINRA arbitration which ... | ||
| Confusing FINRA regulatory question | 7/14/2011 | Stuart Meissner Esq |
| Q: Meissner: I have a question on whether certain investments qualify as "securities" and are thus ... A: The way you describe these investments they would be considered securities. FINRA only regulates its ... | ||
| ESOP fraud | 2/15/2011 | Stuart Meissner Esq |
| Q: Company I worked for would not release my esop money (about $300k)when I quit over 2 years ago. ... A: This sounds like something that should be brought to the attention of criminal authorities. I woulld ... | ||
| Record Date | 11/18/2010 | Stuart Meissner Esq |
| Q: I bought shares 6000 shares of (TIBB) stock on 7/8/10 with a settlement date of 7/13/10. They will ... A: Based on the information you provided it would appear that you would not be able to buy more shares ... | ||
| Failure to transfer stocks in a timely manner. | 4/1/2010 | Stuart Meissner Esq |
| Q: I have been waiting for over 4 months for Wells Fargo to transfer all my stock portfolio to my new ... A: Assuming the ACAT (the document that one submits for such a transfer) was in fact submitted 4 month ... | ||
| failure to execute | 2/17/2010 | Stuart Meissner Esq |
| Q: last year [2009]my daughter requested her money manager to transfer her 401k to a money market to ... A: There is not enough information to make that determination. You would need to speak to a qualified ... | ||
| arbitration agreements | 9/23/2009 | Stuart Meissner Esq |
| Q: I have a grievance with Stanely Morgan I do not feel they properly executed my orders But in the ... A: Other than text books regarding securities arbitration in general which there are many and you can ... | ||
| ponzi scheme | 3/4/2009 | Stuart Meissner Esq |
| Q: i am part of a ponzi scheme, and lost alot of money. my question is... if the FBI and the postal ... A: Darlene: You can retain your own lawyer. That is your choice. The Govt does not necessarily ... | ||
| Stockbroker question...for Law and Ethics Class | 1/4/2009 | Stuart Meissner Esq |
| Q: but I have to write a paper for my Law and Ethics class (Master's program). I was given a scenario ... A: I know of no rule or regulation that would prevent a stockbroker from discussing his beliefs - if ... | ||
| Offer of Buyout | 12/16/2008 | Stuart Meissner Esq |
| Q: On January, 2007.. D Mecatronics (DMTN.PK) (now DMTA.PK) issues a press release saying that the ... A: Material Changes must be filed with the SEC as a form 8K - If there was a material change and they ... | ||
| property abandoned | 11/12/2008 | Stuart Meissner Esq |
| Q: I own share in Microsoft, and just received a letter and form stating that I have to respond with my ... A: I suggest you contact the brokerage firm who is holding the physical share certificates - in street ... | ||
| sec | 11/4/2008 | Stuart Meissner Esq |
| Q: Merrill Lynch calls its brokers financial advisors, however my ML advisor told me recently he did ... A: My prior answer applies. One would also need to know how you came to be on margin in the first ... | ||
| sec | 11/4/2008 | Stuart Meissner Esq |
| Q: Merrill Lynch calls its brokers financial advisors, however my ML advisor told me recently he did ... A: If you gave instructions regarding the sale of your account and the broker acknowledged those ... | ||
| Lack of Management on a Managed Account | 10/24/2008 | Stuart Meissner Esq |
| Q: I hold an IRA account with Smith Barney and early in 2008 my advisor left the company, leaving me ... A: You may file an arbitration claim with FINRA. A review of your entire situation and documents would ... | ||
| esop | 10/14/2008 | Stuart Meissner Esq |
| Q: we found out that the place i work bought a boat with esop money.Nobody knew about this,we just ... A: Pete: Not knowing the specifics of your ESOP plan there is generally a fiduciary duty on people who ... | ||
| Private Stock Sale and Shareholder rights | 9/2/2008 | Stuart Meissner Esq |
| Q: First, I own 36% of an LLC in NYS. I resigned as a manager in March due to health concerns, ethics, ... A: There seems to be several questions in one. First as this is a complicated situation which is ... | ||
| Buying put options against employee call options | 5/16/2008 | Stuart Meissner Esq |
| Q: I thought this would be a common question, but I can't seem to find the answer via google. I'm ... A: I am not sure what you are trying to accomplish as you did not provide the type of options (puts) ... | ||
| Financial Advisors | 2/23/2008 | Vincent DiCarlo |
| Q: I have a managed account with Merrill Lynch. I called to speak with my advisor last week and was ... A: It sound like, at the least, they could have handled this better. Part of the problem is that, when ... | ||
| E.F. Hutton | 1/29/2008 | Vincent DiCarlo |
| Q: Mr. DiCarlo- I recently found a note for 500 shares of stock in a company called United States ... A: You can research your stock certificates yourself on the internet or at the library, check with the ... | ||
| Where is my stock? | 1/28/2008 | Stuart Meissner Esq |
| Q: My mother wants to sell her shares of stock she owns in a particular company. All she has are old ... A: You can call the company she owns shares in and find out who their transfer agent is and call them. ... | ||
| Bank wants to make restituion with my own money | 1/18/2008 | Vincent DiCarlo |
| Q: i had Guaranteed Investment funds that were to mature in 2010 i bought these funds in oct 2000. The ... A: The bank appears to be making an argument based on expected returns or the time value of money. It ... | ||
| Is this fraudulent? | 11/21/2007 | Vincent DiCarlo |
| Q: I recieved an offer from a friend who is an officer of a company, and owns about ten percent of the ... A: Yes. The whole purpose of it is to disguise the true nature of the transaction. If your friend ... | ||
| selling and buying stocks | 11/9/2007 | Stuart Meissner Esq |
| Q: If I sell a stock for a profit that I have had for a short time at a profit can I buy it back when ... A: I know of no reason why you cannot buy it back. What you seem to be referring to is when you are ... | ||
| scotttrade | 11/7/2007 | Stuart Meissner Esq |
| Q: I have an account with scottrade and formerly have about 80,345,000 shares, a 90% buyback came and ... A: This sounds like a possible electronic error, which errors are usually covered by your opening ... | ||
| RECEIVING A STOCK CERTIFICATE AT RETIREMENT | 9/5/2007 | Vincent DiCarlo |
| Q: I RETIRED 5/15/2007 AFTER 10 YEARS WITH A BANK .AT THAT TIME I DECIDED TO OPEN AN IRA WITH ANOTHER ... A: Where the negligence of a financial professional causes a loss, you may have a claim. However, you ... | ||
| retirement funds | 8/31/2007 | Vincent DiCarlo |
| Q: in divorce settlement I was entitled to a portion of x husbunds pention. have entire file incl. a ... A: Whether you have a claim worth pursuing depends on the facts of the case. If the account was set up ... | ||
| Stocks turned over illegally?/Inheritance... | 8/30/2007 | Vincent DiCarlo |
| Q: My grandmother owned shares in GTE stock, which were converted into Verizon stock in 2002 ... A: These are questions you should discuss with the lawyer you engage to advise you, which you should do ... | ||
| Stocks turned over illegally?/Inheritance... | 8/30/2007 | Vincent DiCarlo |
| Q: My grandmother owned shares in GTE stock, which were converted into Verizon stock in 2002 ... A: The transfer of unclaimed property to the state is generally called and "escheat". The rules that ... | ||
| Broker mismanagement of retirement funds | 8/12/2007 | Vincent DiCarlo |
| Q: Sir: When I retired I put my lump sum distribution into a Merrill Lynch IRA. From $890,000, my ... A: The advice below is written from the standpoint of someone who is looking for a new broker or ... | ||
| Broker mismanagement of retirement funds | 8/12/2007 | Vincent DiCarlo |
| Q: Sir: When I retired I put my lump sum distribution into a Merrill Lynch IRA. From $890,000, my ... A: Unless there are special circumstances in your case that toll, delay, or extend the time limits, it ... | ||
| Researching stocks... | 8/7/2007 | Vincent DiCarlo |
| Q: Mr. DiCarlo: Is there a website on which I can research the value of old stocks? My father left ... A: oldcert You can research your stock certificates yourself on the internet or at the library, check ... | ||
| lack of quorum for board meeting | 6/30/2007 | Vincent DiCarlo |
| Q: I am working with a association that wishes to ammend its articles. The problem is the existing ... A: This is a fairly common occurrence. The exact procedure depends on the law of the state where you ... | ||
| Supervisor Procedure requirements | 4/8/2007 | Vincent DiCarlo |
| Q: Is there a "SPECIFIC" SEC law their clearly outlines Financial Advisor "MANAGEMENTs responsibilty to ... A: I am sorry that you did not receive a faster response to your question. I must have missed the ... | ||
| company refusal to transfer stocks | 10/24/2006 | John E. Lawlor Esq. |
| Q: Briefly I would like to know of reasons why a company like bellsouth would refuse to go through with ... A: Transfers are most often rejected because the issuing company's transfer agent suspects the shares ... | ||
| Sale of Stock | 10/10/2006 | John E. Lawlor Esq. |
| Q: This transaction that didn't get filled took place roughly 2 years ago. I had made numerous calls ... A: The plot thickens. You have a duty to mitigate (minimize) your losses. That means that you should ... | ||
| Inside Trading | 9/27/2006 | John E. Lawlor Esq. |
| Q: I invest in stocks short-term;anywhere from a few hours to a few months. I am employed as a ... A: You can trade in shares of the company you work for but you should be aware that most ... | ||
| Backdating stock options | 9/23/2006 | John E. Lawlor Esq. |
| Q: I just wanted to know if you could explain to me why companys choose to backdate stock options? I ... A: It doesn't benefit the company, it benefits the option holder, usually an insider. If the stock is ... | ||
| E.F. Hutton | 9/7/2006 | Vincent DiCarlo |
| Q: A widowed lady friend called me and asked me how she could find out about some stock her late ... A: The answer depends on whether she has the actual stock certificates. If she has the certificates ... | ||
| selling stock | 6/27/2006 | John E. Lawlor Esq. |
| Q: My company just incorporated last week. We are a closed corporation in Illinois. The incorporators ... A: The cap is not a black and white number. The general rule under federal law is that you can't ... | ||
| Multiple questions. :) | 4/15/2006 | John E. Lawlor Esq. |
| Q: My first question is not really related to stocks and bonds, but rather assets and debt in general. ... A: 1. Your estate is responsible for your unpaid obligations after you die. If there's not enough ... | ||
Answers by Expert:
Top Expert on this page
All questions related to broker or brokerage firm misconduct including unauthorized trading, unsuitable recommendations, improper advice to retire, churning for commissions, misrepresentations, failure to provide hedging strategies, employee stock option concentration, failure to diversify, fraud as well as compliance and FINRA / NASD / NYSE State regulatory issues
Stuart D. Meissner, a Manhattan New York based attorney, is a former Assistant Attorney General in the New York State Attorney General's Office, Investor Protection and Financial Crimes units. He is also a former prosecutor in the Trial Division of the Manhattan District Attorney's Office in New York, NY. Mr. Meissner has successfully represented and advised investors, retirees, stockbrokers, attorneys and funds throughout the USA and the international community and has also assisted his clients in presenting their matters to securities regulators and prosecutors to assist in the recovery of funds. His credentials appear at www.smeissner.com .
Organizations
Association of the Bar of the City of New York
Public Investors Arbitration Bar Association (PIABA)
Publications
Securities Fraud & Manipulation in Cyberspace, Securities in the Electronic Age, wallstreetlawyer.com, Volume 2 Number 3
Documentary Consultant - Selling the Dream: Stock Hype and Fraud
Education/Credentials
NYY Law School LLM - Corporate Law with Securities Concentration
Hofstra Law School JD
Hofstra University BBA

©2012 About.com, a part of The New York Times Company. All rights reserved.