F. Paul Maloof, Esquire
A partner with Redmon, Peyton & Braswell LLP
There are two bodies of law that apply to securities -- one is federal law and the other is state law. For the most part, securities fraud lawyers look to the federal law and in particular the Securities Exchange Act of 1933, or the 33 Act, and the Securities Exchange Act of 1934, or the 34 Act.
The 33 Act speaks to very specific prohibitions in a transaction involving securities. Generally, a fraud claim will be grounded on a material misstatement of fact with the intent to deceive, and the claimant relies on this misrepresentation to his or her detriment.
If a fraud has occurred in a securities transaction, there is a statute of limitation period during which the claim must be brought -- one year from the date the fraud was known or shown have been known.
In addition, there are standards of proof that apply to a claim of fraud. The standard of proof is clear and convincing evidence. This is a difficult standard, which requires the lawyer preparing the claim to have substantial evidence to make the case before the suit is filed.
Our law firm has attorneys with experience litigating securities fraud claims. We will be glad to discuss your case with you. Please fill in the form below to contact us, or call us at (703) 684-2000.
F. Paul Maloof
510 King St., Suite 301
Alexandria, VA
22314-3132
Tel: 703-684-2000 Ext. 54