Investment Fund Recovery 

Investors in different shapes and sizes have the same objective. Whether it relates to private or professional and institutional investors, all want a decent return on their investment, whilst protecting their capital investment. The latter is often arduous to ascertain. The doctrine of caveat emptor, often referred to as buyer beware, certainly applies to investors and their professional financial advisers. Meanwhile, investment firms protect themselves against contractual agreements covered with layers of disclaimers of responsibility for potential losses. Liability is therewith limited, but not impossible to invoke.

There is an essential and constant mismatch between the expectation of investors and the factual returns that their investments generate. Human behavior has a bias towards positive expectations. Risk is not calculated and quantified. To emphasize on the profit making objective, the shiny prospectus and sales pitches of investment firms reveal strategies and forecasts. However, the future is still difficult to predict, and past performance cannot be seen as a guarantee for future results.

In times of economic prosperity, and when novel products gain altitude and trigger buzz, investing becomes attractive for people and companies in all layers of society. This attractiveness creates opportunities but can also drive the less experienced investor to opaque plans, complex and structured products, and other exotic investments. The assumption prevails that all product offerings are legitimate. However, the spectrum of financial products includes a full range of opportunities from credible low risk investments to highly leveraged hazardous and suspicious agreements. Unfortunately the market is vulnerable for abuse and illicit actors with obscure product offerings are a considerable threat.

The unforeseen and detrimental event when an investment is allegedly lost is indescribable. Duped investors may go through several emotional stages and phases to cope with their alleged losses. These include anger and introspection but eventually lead to determination to get their lost funds returned. Yet, the legal implications of investing are not always protected by guarantees, insurance, or legal safeguards. Sometimes a court is the appropriate venue to determine responsibility and liability. Yet, creditors must always consider that the courts rule on contractual and factual matters and have an impartial reasoning, regardless of the emotional damage caused to a claimant.

Investment losses and financial risk is interconnected. Risk however does not have a uniform and all-embracing definition. As such, investors lose money for a variety of reasons. Traditional investment and market risk should be calculated by investors. Yet, (mis)conduct by the trader, adviser or financial intermediary may result in responsibility and liability. Breaches of contractual duties and obligations, but also violations of tort and criminal law contain several leads towards civil action against the culprit. Financial and economic globalization however has triggered a multi-jurisdiction for investing. As such, it is likely that civil acts must be fought in different jurisdictions with distinct legal systems.

The complexity of international finance and its opaque investment products result in gains and losses for investors. Exotic investment products that often appear in serious misconduct include but are not limited to advance payment scams, pump and dump schemes, Ponzi and pyramid fraud, and private placements. When wrongs are committed against investors and financial loss occurs, dispute resolution or civil action may be necessary to solve the matter. Depending on the size and nature of the case, a feasibility study can be carried out to determine the feasibility of any actions. In matters of misconduct and fraud, Legal Floris LLC groups victims to minimize risk and maximize the potential of repayment. Although no warranties or representations can be made and prior results are no guarantee for future outcomes, a group effort allows for efficient allocation of resources.

To get in touch with us and discuss your case, please complete the contact form below. The Done With You Service package we provide helps qualified investors to adapt to a realistic, yet multi-sided recovery plan that leaves no stone unturned: