Churning an Account in California

What Is Account Churning?

“Account churning” occurs when a stockbroker, brokerage firm, or investment advisor conducts excessive trading with one account. By doing so, the broker tries to illegitimately receive commissions from the client by selling any investments that are gaining revenue to demonstrate a sign of profit and then holding onto accounts that may not be generating revenue. All of this excessive trading or account activity can result in a client believing that he or she owes the broker commissions or money, although that may not be the case.

If your stock broker is charging you excessive commissions, and you have reason to suspect that your account has been churned, our California investment fraud attorneys at Baldwin Mader Law Group are dedicated to helping you pursue the compensation and justice you deserve. With more than 60 years of combined experience, we have a thorough understanding of state and federal fraud laws in order to determine all of your available legal options to get the most favorable results possible.

Establish Excessive Activity & Proof of Control

According to the rules of the Financial Industry Regulatory Authority (FINRA), churning violates the principle of “quantitative suitability,” which requires a member or associated individual who has actual or de facto “control over a customer account” to have a reasonable basis for believing that a series of recommended transactions are not excessive and unsuitable for the customer when taken together in light of the customer’s investment profile. It is mandatory to establish excessive activity and proof of control.

For liability to exist, even if it can be established that an account has been churned, it needs to be proven that the broker had effective control of your account through a written document granting the broker control of your account, or by demonstrating that you completely relied on the advice and recommendations of your broker that he or she was responsible for the number of transactions in your account and their frequency.

Our California investment fraud lawyer can evaluate the following when proving account churning:

  • Cost-equity ratio
  • Turnover rate
  • Use of in-and-out trading in a customer’s account

Call (310) 220-0988 to Get Your Case Started Today

Brokers have an obligation to place their clients’ interests ahead of their own, so when they engage in excessive trading, they violate that duty. Our California investment fraud attorneys can investigate your case, collect evidence, and develop an effective case strategy to get your entitled compensation for funds lost by your broker.

Contact us and request a free consultation today.

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