Investor's Guide to Loss Recovery / Wiley Finance Editions (PDF)

Foreword xi Preface xiii Acknowledgments xix Introduction xxiii CHAPTER 1: Road to Recovery 1 A Sharp Stick 1 Dodd-Frank: The Engine That Could 2 Rejecting Acceptance 4 The Incalculable Threshold 5 Dealing with the Demons 6 What Went Wrong? 7 What Can Be Done? 7 Criminal Trials 8 Civil Litigation 14 Class Action Litigation 17 Mediation 18 Arbitration 20 Notes 21 CHAPTER 2: Rock, Paper, Scissors 25 Five, Cinq, Funf, Cinco 25 Category 1 ADR: Member Firm versus Member Firm 27 Category 2 ADR: Employee versus Member Firm 29 Category 3 ADR: Member Firm versus Employee 31 Category 4 ADR: Member Firm versus Private Investor 33 Category 5 ADR: Investor versus Member Firm 34 Notes 38 CHAPTER 3: Paperwork and Nostalgia 41 Equity, Epieikeia, or Myth? 41 Challenge of Solo Flight 44 A Trip to the Clinic 46 Paper versus Panel 47 The Perfect Counsel Is Imperfect 48 The Cone of (Near Total) Silence 50 Historical Revisionism 51 Strange Ways 52 Notes 53 CHAPTER 4: Revolutionary Acts 55 Jewels Among the Stones 55 Three Chords and the Truth 57 Your Story, Your Commitment 57 The Edge of Courage 60 More Than a Suggestion 62 Customer Requirements, List 2 62 I See Something That You Don't See 64 Respondent Requirements, List 1 65 Negligence/Breach of Fiduciary Duty, Lists 9 and 10 66 Churning, Lists 3 and 4 67 Failure to Supervise, Lists 5 and 6 69 Misrepresentation/Omissions, Lists 7 and 8 70 Unauthorized Trading, Lists 11 and 12 71 Unsuitability, Lists 13 and 14 72 Reform through Reduction? 73 A Venue for Intellect and Reason 74 Notes 75 CHAPTER 5: Expect the Unexpected 77 Tracking an M-80 77 The Baker's Dozen 78 New Account Paperwork 79 Customer Monthly Statements 81 Customer Federal Tax Returns and Schedules 83 Communications 84 Presentations and Proposals 85 Commissions and Fees 86 Compliance Manuals and Evidence of Supervision 88 Business Unit Audit Results 90 Regulatory Central Data Records 91 Prospectuses and Offering Documents 92 Phone Records 93 Marketing Materials 93 Damage

Louis L. Straney spent twenty-four years as a senior manager in
the financial services industry, including a four-year tenure at
the director level with Smith Barney. In 2007, he created
Arbitration Insight, LLC, through which he currently provides
expert witness and consulting services for securities- and
commodities-related disputes. He has published articles in law
journals and a self-study course on securities fraud for the
Association of Certified Fraud Examiners (ACFE), where he provides
training and is a regular speaker at U.S. and international
conferences and events.

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