Los Angeles Securities Attorney
Jonathan W. Evans
As experienced Los Angeles Securities Attorneys, we represent individuals, trusts, IRAs, pension plans, and estates in securities arbitration cases against stockbrokers, brokerage firms, and investment advisors. Our goal is to recover as much of the client's losses as the specific facts of the case and the law allow.
Our Firm takes pride in having represented numerous aggrieved investors who have suffered substantial economic loss as a result of one or more of the various types of broker misconduct:
Although our office is in the Los Angeles area, we currently represent or have represented clients from numerous other states and at least six foreign countries. As a respected Securities Attorney, Mr. Evans has been chosen by Los Angeles Magazine as a Southern California Super Lawyer in the field of Securities Litigation for 2007. Annually, “Super Lawyers” are selected by their peers based upon ethics, experience and reputation, representing the top 5% of their profession.
During your free consultation, we can discuss the details of any situation in which you believe:
Our Firm takes pride in having represented numerous aggrieved investors who have suffered substantial economic loss as a result of one or more of the various types of broker misconduct:
- Negligence
- Suitability
- Failure to Supervise the Activity of a Customer Account
- Failure of the Brokerage Firm to Adequately Supervise the Broker
- Breach of Fiduciary Duty
- Misrepresentation and Fraud
- Overconcentration and Lack of Diversification
- Churning of an Account
- Purchase of inappropriate including annuities, variable life insurance and other securities.
Although our office is in the Los Angeles area, we currently represent or have represented clients from numerous other states and at least six foreign countries. As a respected Securities Attorney, Mr. Evans has been chosen by Los Angeles Magazine as a Southern California Super Lawyer in the field of Securities Litigation for 2007. Annually, “Super Lawyers” are selected by their peers based upon ethics, experience and reputation, representing the top 5% of their profession.
During your free consultation, we can discuss the details of any situation in which you believe:
- You have suffered losses due to the errors or omissions of your broker, whether intentional or negligent
- Your broker/brokerage has been promoting investment products (stocks, options, warrants, etc.) that were unsuitable for your investment objectives and risk tolerance
- Your account has been churned
- Your account has in some way been negligently handled
Practice Areas and Legal Definitions
Negligence:
These are losses due to the negligent failure to follow express instructions given to a broker as well as the negligent failure of a broker’s firm to properly supervise the broker’s activities. Negligence may also include a broker’s failure to recommend investments which are consistent with a customer’s stated investment objectives and a customer’s risk tolerance.
Suitability:
These are losses resulting from investments and investment vehicles, including stocks, annuities, bonds, and options which were unsuitable based upon a client’s risk profile and/or investment objectives, even if the customer ratified or otherwise acquiesced to the broker’s “suggestion” that he/she make the investment.
Failure to Supervise the Activity of a Customer Account:
A brokerage firm has an affirmative duty to formulate and implement layers of supervision to assure that a customer’s account is being monitored to prevent wrongful and sometimes abusive conduct which could result in customer losses. If trading in a client’s account is inappropriate in light of the customer’s stated investment objectives and level of risk tolerance, proper supervision should identify any “red flags” in a timely fashion, and intervention by a supervisor should protect the customer against losses that flow from the unsuitable trading.
Failure of the Brokerage Firm to Adequately Supervise the Broker:
Brokerage firms must also formulate and implement systems of supervision over its individual brokers. This includes closely monitoring the broker’s trading patterns across the broker’s entire “book of business”, usually on a daily basis. If brokers’ supervisors negligently or intentionally choose to “look the other way”, notwithstanding obvious “red flags”, the brokerage firm may be held liable for the customer’s losses.
Breach of Fiduciary Duty:
In California, as a matter of law, a broker owes clients a fiduciary duty in the discharge of his duties. This means a broker owes the “highest” duty of loyalty and “highest” duty to always act in a manner consistent with the client’s best interest ahead of his own. Therefore the conduct of a broker is subject to heightened scrutiny insofar as how a recommendation to a customer might benefit the broker.
Misrepresentation and Fraud:
When recommending or soliciting the purchase or sale of an investment, a broker is obligated to make a full disclosure of all material facts including, but not limited to, any risk of loss of principal, all fees and costs associated with the investment product (including commissions), the existence and availability of other similar investments, and any other material disclosures which might reasonably impact the customer’s decision to invest his/her funds.
Overconcentration and Lack of Diversification:
Brokers have a duty to recommend a diversified portfolio. Diversification manages and limits investment risk. Investing a disproportionately large portion of a client’s portfolio in a single market sector (i.e. all technology or telecommunication stocks), a single investment vehicle (i.e. all stocks or annuities and no bonds or fixed income securities), or a single asset class (i.e. all funds invested in growth equity mutual funds and little or none in fixed income funds), creates unacceptable “concentration risk.”
Churning of an Account:
Churning is excessive trading or turnover of an account in order to generate broker commissions. This may also include unjustified mutual fund switching or so-called IRC Section 1035 switching of variable annuities.
If you or someone you know in Southern California, throughout the country or worldwide needs the assistance of an experienced Securities Attorney, call Jonathan W. Evans today at 800-699-1881, or complete the contact form provided on this site to schedule your free consultation.
Professional Profile
If you or someone you know in Southern California, throughout the country or worldwide needs the assistance of an experienced Securities Attorney, call Jonathan W. Evans today at 800-699-1881, or complete the contact form provided on this site to schedule your free consultation.
ADDRESS OF THE FIRM:
Jonathan W. Evans & Associates
12711 Ventura Blvd., Suite 440
Studio City, CA 91604
Telephone:
800-699-1881
213-626-1881
818-982-1881
Fax:
818-760-9881
MEMBERS OF THE FIRM:
Jonathan W. Evans
Practicing law since 1975, Mr. Evans specializes in securities arbitration matters, which currently represent 95% of his practice. He limits his representation to public customers. Mr. Evans has litigated hundreds of securities arbitration claims, and tried more than fifty (50) cases to a conclusion at the NASD. He has also mediated many more to a successful conclusion, and has proudly represented hundreds of other public investors in their disputes, many of which have resulted in favorable settlements.
EDUCATION:
- University of California, Berkeley, A.B. Degree June 1971
- Southwestern University School of Law, J.D. Degree June 1975
- All California State and Federal Courts
- NASD Securities Arbitration in California and other states
- California State Bar
- Public Investors Arbitration Bar Association (PIABA)
- Los Angeles County Bar Association
- Consumer Attorneys Association of Los Angeles (CAALA)
- Consumer Attorneys of California
- Beverly Hills Bar Association
- San Fernando Valley Bar Association
- Arbitrator for Superior and Municipal Courts
- Judge pro tem for Superior and Municipal Courts
- Qualified for referrals of Securities matters on numerous State Bar certified referral services
- Selected by peers and Los Angeles magazine as a Southern California Super Lawyer in the field of securities litigation. Annually, "Super Lawyers" are selected by their peers based upon ethics, experience and reputation, representing the top 5% of their profession.
- Feds trying to seize billionaire's mansions in drug case (Orange County Register)
Prosecutors sue Henry T. Nicholas III to forfeit one of his Newport Coast mansions and a Las Vegas penthouse. - Man may have to pay $22 million for investor scam (INO News)
(AP:SANTA ANA, Calif.) A man accused of lavishly spending millions of dollars of his investors' money has been tentatively ordered to repay $22 million in the alleged swindle. - Man may have to pay $22 million for investor scam (Las Vegas Sun)
Wed, Aug 20, 2008 (4:45 p.m.) A man accused of lavishly spending millions of dollars of his investors' money has been tentatively ordered to repay $22 million in the alleged swindle. - ASD Fights to Re-Open Business UPDATE (WCTV Tallahassee)
Quincy internet advertising company Ad Surf Daily has filed a motion to re-open its doors. - OC man may have to pay $22 million for investor scam (The Fresno Bee)
A man cleared of charges that he slipped a date-rape drug to a former Olympic gold medal skater has been tentatively ordered to repay $22 million for an alleged investment swindle. Read comments - Burbank man gets nine years for investment scam (Los Angeles Daily News)
Calling him "a parasite to the community," a federal judge Monday sentenced a Burbank man to nine years in prison for running an investment scam that cost a North Carolina businessman more than $8. - AP Financial NewsBrief at 12:57 a.m. EDT (INO News)
SINGAPORE (AP) _ Oil prices dropped below $114 a barrel Friday in Asia as investors speculated slowing economic growth in the world's largest economies will continue to undermining global crude demand. - AP Financial NewsBrief at 7:14 p.m. EDT (INO News)
NEW YORK (AP) _ Wall Street rebounded Thursday, rising sharply as oil prices fell and investors took advantage of bargains in financial stocks after two straight days of heavy declines. - Former tennis star Tracy Austin accuses broker Gary Fournier of fraud (Los Angeles Times)
In a lawsuit, she says the L.A. investment broker inflated his commissions and 'churned' accounts to generate fees. He denies wrongdoing. Former tennis champion Tracy Austin on Tuesday joined an all-star cast of sports figures in accusing a prominent Los Angeles investment broker of defrauding them. - Local Milberg Weiss Attorney Sentenced In Kickback Scheme (NBC 4 Los Angeles)
A Century City attorney who funneled at least $900,000 in illegal kickbacks to a paid plaintiff for the New York-based law firm Milberg Weiss was sentenced Monday to two months in federal prison.
Additional Questions or need further information?
Jonathan EvansJonathan W. Evans & Associates
12711 Ventura Blvd., Suite 440
Studio City, CA 91604
Telephone: 800-699-1881
Fax: 818-760-9881