Financial Expert Advises on Breach of Fiduciary Duty by Private Wealth Manager
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Case Overview
This case involves a Plaintiff who suffered significant equity losses while working with a private wealth manager. The Defendant provided investment advice, financial planning and other consulting services to investors. The plaintiff initially established various securities accounts with the defendants. At various points in time afterwards, the Plaintiff with Defendants, relied on hisĀ advice and investment recommendations, including development of a financial plan for which the plaintiffs paid a fee. The plaintiffs relied upon the defendants representatives concerning its abilities, expertise and recommendations. The defendants outlined a detailed financial plan whereby the account equity would be used to run plaintiffs business. This financial plan was based upon the defendants analysis of finances and other requested disclosures by the plaintiffs. The plaintiffs suffered significant losses resulting from the financial crisis and market collapse. It is alleged that the defendants did not develop or recommend a strategy that would protect the plaintiff from further equity losses. It is claimed that as a result of the respondents strategies, the plaintiffs incurred significant losses during the market crash.
Questions to the Business expert and their responses
Do you have extensive knowledge in determining a breach in fiduciary duty?
I have extensive knowledge in the duties of financial managers, and am well aware of how these duties may be breached. I have spent more than 25 years in the financial sector and believe I am very well qualified to review this matter. I am FINRA Series 66 and 79 certified.
Please explain your experience working on investment adviser/fiduciary duty related cases.
I have reviewed 1 previous financial case with stellar results, and I am confident I could serve as an expert on this matter. I wonder if the financial managers in this case were consistent in speaking with the investors regarding their strategy? A financial manager should be continuously communicating with his clients as to their desired investment strategy (aggressive, conservative, etc). Their clients should always be made aware of the performance of their funds and constantly asked if they are still comfortable with their fund management. It seems that this did not take place, which might very well represent a breach of fiduciary duty.
About the expert
This highly qualified financial professional boasts more than 35 years of experience as a securities, investment, and due diligence professional. He is an Accredited Investment Fiduciary Analyst through the Center of Fiduciary Studies at the University of Pittsburgh School of Business. He is a Registered Investment Advisor, a Certified Fraud Examiner, and an Arbitrator for Financial Industry Regulatory Authority Dispute Resolution. His consulting specialty is highlighted by Investor-broker arbitration and litigation, including suitability, due diligence, compliance/supervisory failure, fiduciary responsibilities, broker conduct, asset allocation and valuation, and more.

E-000635
Specialties:
About the author
Joseph O'Neill
Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.
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