Why documents, and why first
A broker case is decided on paper. What the broker said matters, but what the firm wrote down about you, what the confirmations show, and what the statements did over time are what an arbitration panel reads. So a case review begins with documents, not a long phone call — and the better the set you send, the more precise the answer we can give. You do not need everything on this list to start. Send what you have; we will tell you what else matters and how to get it.
Everything is sent as PDFs or clear photographs through a secure upload or email. Never send originals. Name the files by what they are and the date — “statement 2024-03.pdf” — and it will save days.
The core set
Four kinds of document carry most cases. If you send nothing else, send these:
- Monthly or quarterly account statements — as far back as you can go, ideally from the day the account was opened, and at minimum the last six years
- Trade confirmations for every trade you question, and ideally all of them; they show solicited versus unsolicited, commissions, and markups that statements do not
- The account application and any risk-profile or investor questionnaire — this is the firm’s own record of your age, income, net worth, objectives, and risk tolerance, and it is often filled in by the broker
- Every letter, email, or secure message from the firm about restrictions, liquidation, closure, or transfer, together with your replies
Product documents
If a specific product is the problem, add the paperwork that came with it:
- Annuities: the contract, the application, the prospectus receipt, the most recent annual statement, and any rider election forms
- Non-traded REITs and private placements: the subscription agreement, the prospectus or private placement memorandum, and any letter announcing a redemption suspension or revised valuation
- Structured notes: the term sheet and the confirmation
- Managed or advisory accounts: the advisory agreement and the fee schedule
- Anything you were asked to sign at the time of purchase, even if you did not understand it
Your own record
Alongside the firm’s paper, your own recollection has value if it is written down with dates. Emails and text messages with the broker are evidence; export them. Notes you made at the time are evidence. A timeline you write now — when you opened the account, when you moved abroad, when the broker recommended each product, when the letter came, when you first noticed the problem — is not evidence in itself, but it lets us date the events against the six-year rule and the statutes of limitations in the first read.
Include a short paragraph on what you told the broker you needed: income, safety, access to the money, a horizon. That sentence is the yardstick every recommendation is measured against.
Tax forms and the things you might not think of
Forms 1099-B and 1099-R for the relevant years show sales and distributions in a compact form and help with damages. The rollover paperwork, if a 401(k) or pension went into the account, shows who initiated the rollover and what was compared. A copy of the plan statement before the rollover shows what you left. And if you complained to the firm and received a response, send the response — a firm’s denial letter usually reveals what defenses it intends to raise.
One caution that applies to every paragraph here: we are securities litigators, not tax advisors. Anything involving your US return, the foreign earned income exclusion, or how a sale is taxed belongs with a CPA who handles expats.
Getting documents from abroad
If the account is open, log in and download everything before you do anything else — especially if a closure or restriction letter has arrived, because online access often ends with the account. If the account is already closed, write to the firm and ask for copies of statements, confirmations, and the account opening documents; SEC and FINRA record-keeping rules require firms to keep account records for years, and the arbitration panel can order production of anything the firm resists. If you cannot get something, say so; do not delay sending the rest.
Nothing needs to be notarized, apostilled, or mailed. The review is free and confidential, and if the documents show there is no case, we will tell you that plainly.
Before you send anything to the firm
One caution. If the firm has offered to “resolve” the matter, sent a settlement letter, or asked you to sign anything — a release, a new account agreement, a form acknowledging that the trades were authorized — do not sign it before the review. Firms sometimes obtain a release for a small payment before the customer knows the size of the claim. Send the offer with the rest.
Key takeaways
If you remember six things
- Statements, confirmations, the account application, and the firm’s letters are the core set.
- Add product paperwork — annuity contract, subscription agreement, term sheet, advisory agreement — where a product is the problem.
- Export emails and texts with the broker and write a dated timeline.
- Download everything now; access often ends when an account is closed.
- PDFs through secure upload; no originals, no notaries, nothing mailed.
- Do not sign a release or acknowledgment from the firm before the review.
Questions
Asked most often
I only have a few recent statements. Is it worth sending?
Yes. Send what you have. The firm holds the rest and can be required to produce it. A partial set is enough to tell whether the case is worth pursuing.
Is the review really free, and what happens to my documents?
The review is free and confidential. Your documents are used to evaluate the case and are protected by attorney-client privilege from the moment you send them for that purpose. If there is no case, we say so and the documents are yours to keep or have deleted.
Do I need to have complained to the firm first?
No. A complaint is not required before filing in FINRA arbitration, and it does not stop any deadline. If you have already complained, send the firm’s response.