Labor & Employment Law

Florida Investor Protection Act takes center stage against Securities Fraud

By Dobin & Jenks

Not a minute too soon, Florida Governor Charlie Crist, signed the Florida Investor Protection Plan, Florida House Bill 483, into law, effective July 1, 2009. As we mentioned in a previous post on The Law Planet Blog, this was a new day for Florida investors. In the wake of fraudulent Ponzi Schemes such as, the Bernie Madoff Ponzi Scheme and the new Scott Rothstein Ponzi Scheme, investors need extra protections against investor fraud.

Yesterday, the law blawg, LawUpdates.com, wrote an excellent commentary on the Florida Investor Protection Act

The post gives background on "blue sky laws" and how states regulate securities transactons within their state. The authors provide a clear and concise analysis of Florida's Investor Protection Act that sheds light on how in Florida, the AG and government agencies have more authority to fight investor fraud.

The following excerpt from LawUpdates.com sheds llight on new authority under the new Investor Protection Act:

Specifically, the IPA authorizes the Attorney General, with permission from the state?s Office of Financial Regulation (the ?OFR?), to investigate and bring securities fraud actions ? criminal and/or civil?against anyone violating the anti-fraud provision under the Florida Securities and Investor Protection Act (?SIPA?). The AG has the ability to seek restitution for victims and obtain other civil penalties. The Florida Department of Law Enforcement has the ability to pay rewards for original information in money laundering investigations under the new law.

As the authors of the LawUpdates.com further point out:

Florida?s IPA has yet to be tested in court. It?s possible that a firm or broker-dealer offering securities in Florida and impacted under this new law will file a court action claiming that federal laws preempt the state?s efforts against it.

All eyes are on Florida once again, for taking Center Stage, on such a significant issue. Time will tell how the new Investor Protection Act will stand up against preemption. We will keep the faith that JUSTICE WILL PREVAIL.

Kudo's to our lawmakers for taking a bold step and passing the Florida Investor Protection Act.

Full post as published by The Law Planet Blog on November 18, 2009 (boomark / email).