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Division of Securities & Retail Franchising


FAQs - Enforcement/Investigation

1. Will the Division of Securities be able to get an investor his or her money back?

2. Do you investigate investments in pensions, retirement plans and/or 401 (k) plans?

3. Can you tell me if I should retain a lawyer and which one will be able to do a good job?

4. Will I be notified of the results of an investigation?

5. Is the information I provide kept confidential?

 

 

 

 

 

1. Will the Division of Securities be able to get an investor his or her money back?

A. Our function is to investigate and bring actions to stop violations of the laws under our jurisdiction. The Virginia Securities Act allows the Commission to order a defendant to pay an investor monetary losses as a result of violations of the Virginia Securities Act.

If you have suffered a monetary loss, you may choose to consider contacting a private securities attorney to discuss your legal rights and remedies under the Virginia Securities Act or other statutes. If you do not have a private attorney, you may wish to contact the Virginia State Bar's Virginia Lawyer Referral ServiceExternal Link logo or the local Legal Aid Society.

2. Do you investigate investments in pensions, retirement plans and/or 401 (k) plans?

A. No, we do not regulate or investigate retirement plans, such as pensions or 401(k) plans. If you have a question about your retirement plan, please contact:

U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue, NW, Room N5625
Washington, D.C. 20210
Toll-Free: 1-866-444-EBSA (3272)
Phone: (202) 219-8776

If you have a complaint about your plan, you can learn how to file a claim with the Employee Benefits Security Administration’s website at www.dol.gov/ebsa.External Link logo

For help finding a lawyer who specializes in pension matters, you can visit the website of the National Pension Lawyers Network at www.pensionaction.org.External Link logo

3. Can you tell me if I should retain a lawyer and which one will be able to do a good job?

A. No, we will not offer any advice regarding the retention of a lawyer or the merits of any attorney. However, the Virginia Securities Act allows for certain rights, as well as limitations, for investors with respect to violation(s) of Securities laws in Virginia. An attorney can advise you of your rights and limitations so you can make an informed decision. Your state bar association should be able to give you a list of attorneys with experience. For a list of Virginia attorneys, visit the Virginia Lawyer Referral ServiceExternal Link logo sponsored by the Virginia State Bar. Also, please understand that filing a complaint with us in no way prevents you from following any other legal remedies available to you, such as arbitration or filing complaints with the SEC, FINRA, FBI or the local Commonwealth's Attorney.

4. Will I be notified of the results of an investigation?

A. Yes, you will be notified upon completion of the investigation. Additionally, if the Commission enters a ruling on a case, the ruling and all documents pertaining to the case are considered to be public record. Copies of rulings entered by the Commission may be accessed through the Docket Search portal of the Commission’s website.

5. Is the information I provide kept confidential?

A. Investigations are conducted confidentially by Commission staff pursuant to the Virginia Securities Act. Certain documents may become a matter of public record if the Commission enters an official ruling to conclude an investigation. Copies of rulings entered by the Commission may be accessed through the Docket Search portal of the Commission’s website.