West Virginia Securities Fraud Resources
Greco & Greco, P.C., Securities Fraud Lawyers
Our attorneys have extensive experience representing investors in disputes with their stockbrokers, brokerage firms, financial planners, and investment advisors. We use this experience in arbitration and federal and state court to aggressively pursue recovery of investors' losses resulting from securities fraud, churning, lack of suitability, negligence, unauthorized trading, stockbroker malpractice, and other unlawful actions. If you feel that you may have a claim, please contact us for a free consultation with one of our attorneys.
Greco & Greco regularly represents clients using a contingency fee arrangement. With a contingency fee, the only attorney’s fee paid by the clients is a percentage of monies recovered for the clients.
Greco & Greco is an AV® Preeminent™ Peer Review Rated firm.
If an individual investor has a dispute with a FINRA brokerage firm stock broker, he/she most likely will have to arbitrate through FINRA’s Dispute Resolution system. FINRA Arbitration holds arbitration hearings in one West Virginia city: Charleston, West Virginia.
The West Virginia Securities Commission, in Charleston, West Virginia, regulates the sales of securities in the state of West Virginia. Its website provides information on state securities Statutes and Rules, and information on how to file a complaint.
West Virginia’s Securities Act is similar to many states’ Acts with regard to providing for civil liability for the commission of securities fraud in the sale of securities (including untrue statements of material fact or omissions of material fact). The statute provides for rescission (or damages if the investor no longer owns the security), reasonable attorney’s fees, and interest.
The Civil Liability section of the West Virginia Securities Act is as follows:
§32-4-410. Civil liabilities.
(a) Any person who
(1) Offers or sells a security in violation of section 201(a), 301, 403 or 405(b), or of any condition imposed under section 304(d), 305(g) or 305(h), or
(2) Offers or sells a security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission), and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission, is liable to the person buying the security from him, who may assert a claim in a civil action to recover the consideration paid for the security, together with interest at nine percent per year from the date of payment, costs and reasonable attorneys' fees, less the amount of any income received on the security, upon the tender of the security, or for damages if he no longer owns the security. Damages are the amount that would be recoverable upon a tender less the value of the security when the buyer disposed of it and interest at nine percent per year from the date of disposition.
(b) Every person who directly or indirectly controls a seller liable under subsection (a), every partner, officer or director of such a seller, every person occupying a similar status or performing similar functions, every employee of such a seller who materially aids in the sale, and every broker-dealer or agent who materially aids in the sale are also liable jointly and severally with and to the same extent as the seller, unless the nonseller who is so liable sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There is contribution as in cases of contract among the several persons so liable.
(c) Any tender specified in this section may be made at any time before entry of judgment.
(d) Every cause of action under this statute survives the death of any person who might have been a plaintiff or defendant.
(e) No person may sue under this section more than three years after the sale.
(f) No person who has made or engaged in the performance of any contract in violation of any provision of this chapter or any rule or order hereunder, or who has acquired any purported right under any such contract with knowledge of the facts by reason of which its making or performance was in violation, may base any suit on the contract.
(g) Any condition, stipulation or provision binding any person acquiring any security to waive compliance with any provision of this chapter or any rule or order hereunder is void.
(h) The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist at law or in equity, but this chapter does not create any cause of action not specified in this section or section 202(e).
FINRA securities brokerage firms with their main offices in West Virginia:
HAZLETT, BURT & WATSON, INC.
1300 CHAPLINE STREET, WHEELING, WV 26003
KACZMAREK FINANCIAL SERVICES, LLC
309 LIBERTY AVENUE, WEIRTON, WV 26062
Mailing Address: 309 LIBERTY AVENUE, WEIRTON, WV 26062
UNITED BROKERAGE SERVICES, INC
514 MARKET STREET, PARKERSBURG, WV 26101
Mailing Address: P. O. BOX 1508, PARKERSBURG, WV 26102-1508
WESBANCO SECURITIES, INC.
135 WEST MAIN ST, ST CLAIRSVILLE, OH 43950
Mailing Address: 1 BANK PLAZA, WHEELING, WV 26003