Legal Question in Disability Law in Florida

person with aids taken advantage of by broker

I will soon be presenting a broker malfeasance case to arbitration. I am disabled I have AIDS My broker knew this I knew nothing about investing My life savings of $1,000,050 was entirely lost $600,000 in only 9 monhs Due to her lies of ommission Does my disability make this a more serious matter than would otherwise be the case? I am and have been unable to work for quite some time now I am currently 52 years old


Asked on 11/12/03, 7:00 am

1 Answer from Attorneys

Re: person with aids taken advantage of by broker

I do not practice brokerage law, so I do not know if there is any particular law applicable to your question. In general, this does not sound like a disability discrimination case unless you could somehow show that you were treated differently than non-disabled people.

However, if your disease distracts you from being able to tend to other matters such as investing, and the broker was aware of this, then this could help your case. In other words, it may be that you totally put your trust in the broker and perhaps paid less attention to the accounts than someone else would have because of your disease. Thus, arguably, the broker had an even higher duty to tend to your accounts and ensure that proper investments were being made.

My sense, though, is that the case will hinge on whether the broker violated any investing rules/norms. For example, did he withhold info from you, invest in risky ventures without your permission, fail to track the account properly while money was being lost, etc.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 11/12/03, 9:11 am


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