Michael Schmidt 2015年11月8日
投资者经常寻求一些专业人士在市场中引导他们并提供一些服务，但是有时候他们会感觉到他们的账户被不恰当操作了。他们有时候需要找到谁是他们资金损失的罪魁祸首，这通常是由市场环境造成的，投资者必须对这些风险做好准备。然而，如果有证据证明经纪商推荐了不恰当的投资、进行欺诈或者过度收取佣金，那么仲裁和其他一些途径就会有用了。在本文中，我们将帮你判断是的账户是否被进行错误操作和你是否有必要进行投诉。
第一步
如果你认为经纪商没有按你的最大利益操作，尝试和投资公司一起进行所有的补救措施。确定损失后，和投资公司进行深入的讨论，听听他们的说法。如果这个过程不能得到足够的信息，把投诉升级到下一个水平直到达成某种解决。这可能会产生多种结果。包括单纯的等待市场改善以结束所有讨论和进入法律程序。
如果纠纷是与经纪商发生的，你可能已经同意采取仲裁方式。在此类事件中，美国金融业监管局（FINRA），将会对事件进行全程处理。该组织的争端解决论坛将会帮助解决投资人和证券公司以及个人和公司法人和他们公司之间的纠纷。
如果你需要法律代理
在所有有利可图的法律程序中，许多法律顾问提供免费咨询。向律师咨询将会打开外部视角并帮助确定合适的论坛解决纠纷。这时候如果形势需要，是时候确定一个简短的诉讼人列表了。如果使用仲裁方式，那么减少这个列表的名单，因为仲裁比法院用到的律师少。
虽然过程简化了以便任何人进行诉讼和处理，大多数诉讼人的法律团队至少需要一位律师这一位专家证人。这时可以根据可能的结果和时间框架设定合理的预期。别指望包括惩罚性赔偿在内的处理结果，因为很少出现这类的判决。在仲裁日期设定之前可能要登上几个月甚至几年的时间。这取决于案件的规模、法律参和预期，如果案件如果在最初时间表没有完成，可能推迟到适合所有参与者和委员会成员的时间表。
仲裁程序
如果仲裁看起来是最佳的方案，访问FINRA网站搜索该公或者法人还未处理的案件。列表将会提供一个针对该公司、法人或者顾问所有尚待解决和已经处理案件的总结和逐条记录。但是不会包含任何案件的已删除信息。
如果搜索的是一个注册投资顾问而不是为经纪公司工作的个人，那么请使用美国证券交易委员会（SEC）网站或者该公司授权政府发出的网站。如果搜索的是注册代表或者经纪商公司，FINRA的BrokerCheck程序将会从中央注册登记中心搜索数据。BrokerCheck显示当前注册经纪商、注册证券公司和以前注册的团体的专业背景信息。其中一部分提供在CRD报告时间的重要信息，这需要证券行业授权和注册程序。财务披露的任何信息都将在这里显示，包括破产和无薪留置权。清单还可能包括正式调查、客户纠纷、纪律行为、刑事指控或者定罪。
提起申诉
如果你确定投资组合被错误操作，那么接下啦要做的是提起申诉。FINRA 建议要越早越好，以免延误仲裁和调解的时间。调解是仲裁的补充或者替代，是双方自愿以不计约束力的形势解决争端。对于大多数低于25000美元的额索赔，主要通过双方向FINRA提交书面声明解决。这些小案件可能分配给一个仲裁员并且处理非常迅速。
进展评估
这个过程是一个进行回顾、设立时间框架和期望的好时机。但是要记住，你和你的代表和顾问之间的关系已经改变。虽然客户有时候会留在他们起诉的公司，但是大多数不会。因为起诉和损失，他们可能转移到另一家公司，盘活他们的资产进行其他安排。这时进展已经变成了一个法律城西，虽然比传统的审判程序不正式些，你可以把它视为正在解决。
总结
FINRA提供了一个经纪商许可、注册、教育、监控和和保护的框架以确保公众得到最好的服务。虽然大多数金融服务人士提供优质的服务，还是有账户被误操作，FINRA向任何人提供寻求有效索赔的程序。请记住仲裁员和联合委员给出的结果石油约束力的，而法院判决是强制的。最后，虽然投资者拥有进行起诉的所有权利，这将花费费用、包括申请费用、仲裁费用或者调节费用，而且如果委员会认为案件琐碎，将会产生法律和其他成本。
How To Handle A Serious Dispute With Your Broker
By Michael Schmidt | Updated November 08, 2015
Investors often look to professionals to help them navigate the markets and provide a certain level of service, but there are times when they may feel that an account is being mishandled. As tempting as it may be to find someone to blame for monetary losses, they are often the result of market conditions and investors must be prepared for such risks. However, arbitration or other avenues may be warranted if evidence suggests that a broker recommended an unsuitable investment, committed fraud, or charged excessive commissions by "churning" the account. In this article, we'll help you to decide whether your account has been mishandled and if you do need to act on the complaint. (To learn more, see Paying Your Investment Advisor - Fees Or Commissions?)
Your First Steps
If you feel that your broker has not acted in your best interest, try to exhaust all possible remedies with the investment company. After quantifying the loss, schedule a meeting with the primary contact at the investment firm to have an extensive discussion, and listen to the broker's side of the story. If this process does not yield adequate information, escalate the complaint to the next level of management until some type of resolution is reached. This may include various outcomes, including simply waiting for the markets to improve to ending all discussions and proceeding with legal action.
If the dispute is with a broker, you probably already agreed to settle through arbitration when you began working with the firm. In this case, the Financial Industry Regulatory Authority (FINRA), formerly the National Association of Securities Dealers (NASD), would handle the arbitration process from start to finish. The group's dispute resolution forum helps resolve matters between investors and securities firms, as well as industry-related issues between individual registered representatives and their firms. (To learn more, see Broker Gone Bad? What To Do If You Have A Complaint and When A Dispute With Your Broker Calls For Arbitration.)
If You Need Legal Representation
As with any potentially lucrative legal proceeding, many legal advisors offer free consultations. Consulting an attorney opens up an outside perspective and can help confirm the appropriate forum for resolving a dispute. This is a good time to begin building a short list of potential litigators, should the need arise. If an arbitration path is appropriate, the list will shrink, as more attorneys handle court cases than arbitration.
While the entire process is simplified in order for any one who has a grievance to file a claim and proceed, the majority of customers pursue their claims in conjunction with a legal team that includes at least one attorney and an expert witness. It is also a good time to set reasonable expectations with potential outcomes and time frames. Do not count on large settlements that include punitive damages, as such generous judgments are rarely rendered. Be prepared to wait months or even years before the arbitration date is set. Depending on the size of the claim and the legal participants, anticipate that arbitration that is not completed in the originally scheduled time frame may be postponed to accommodate participant and panel members' schedules.
The Arbitration Process
If arbitration appears to be the best course of action, visit the FINRA website and search pending cases with the investment firm or registered representative in question. The listing will provide a summary and itemization of any pending or closed cases against the firm and its representative or advisor. It will not, however, include every issue or any cases that expunged the record as part of the settlement.
If the search is for a registered investment advisor (RIA) rather than someone who works for a brokerage firm, you will be redirected to the Securities And Exchange Commission (SEC) website, or possibly to a state-sponsored site if the advisor is state licensed. If the search is for a registered representative or a brokerage firm, FINRA's BrokerCheck program will search data from the Central Registration Depository (CRD) registration and licensing database, which gathers data reported on industry registration and licensing forms. BrokerCheck reports professional background information on currently registered brokers, registered securities firms and previously registered parties. One section provides vital information regarding events reported at the CRD, which is required by the securities industry registration and licensing process. Any number of financial disclosures can be listed here, including bankruptcies or unpaid liens. The listing might also contain formal investigations, customer disputes, disciplinary actions and criminal charges or convictions.
Filing a Complaint
If you determine that the portfolio was mishandled, the next step is to file a complaint. FINRA suggests doing so as soon as possible to avoid a delay in arbitration or mediation. Mediation, which can serve as a supplement or replacement for arbitration depending on the outcome, is a voluntary process in which both parties can settle their disputes in a non-binding format. For most claims under $25,000, the process is resolved primarily through written statements filed by each party to FINRA. At any point the claimant, respondent, or arbitrator may request a hearing. These smaller cases can be assigned to a single arbitrator and may settle fairly quickly.
Claim amounts greater than $25,000 are usually assigned to a three-person arbitration panel. Because they typically settle in-person and involve more formalities, they tend to take longer. FINRA offers a complete online claim filing process, and this is where most investors get bogged down. While FINRA has streamlined the process for the layman to follow, it is still a legal proceeding with required documents such as the "statement of claim". Many frustrated investors will pursue the services of an attorney at this point.
Evaluate Your Progress
This stage of the process is a good time to step back, evaluate your progress, and set time frames and expectations. Keep in mind, however, that the relationship between you and the representative or advisor has changed. While customers sometimes stay with the company against which they have filed claims, most do not. Depending on the claim or loss, they have probably moved to another firm, liquidated their holdings or made other arrangements. The process from this point on becomes a legal proceeding, although it is slightly less formal than a typical court proceeding; you should view this process as a resolution-in-progress.
The Bottom Line
FINRA provides a framework for licensing, registration, education, monitoring and policing of the brokerage community to ensure the public receives the best service. While the vast majority of financial service professionals provide excellent service, some accounts are mishandled and FINRA has the process available for anyone to pursue what he or she believes is a valid claim. It is important to remember that all decisions made by either the sole arbitrator or the combined panel are binding and that the judgments are enforceable, as they would be in a court. Finally, consider that while the investor has every right to pursue a claim, doing so carries costs such as filing fees, arbitration and/or mediation fees, and if the panel decides a case is frivolous, legal and other costs will apply.
本文翻译由兄弟财经提供
文章来源：http://www.investopedia.com/articles/basics/08/mishandled-accounts.asp