Deleted user
posted 2 years ago
Freelance Trader
I have finished my daily quota of the trade and turnoff my cellphone. After a few minutes, there are three unauthorised trades in the account that I didn't input. I am afraid of being sued by fiduciary duty or churning. How do I prove my innocence as I didn't initiated those trades.
Country
  • Philippines
  • United States
Fields:
  • Contract
  • Banking and Financial
  • Employment
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jesse
Deleted user
Lawyer
posted 2 years ago
You must show the list of your authorized trades and those not listed are not authorized. By that, you cannot be sued for fiduciary duty or churning.
jesse
Deleted user
Lawyer
posted 2 years ago
You must show the list of your authorized trades and those that included in the list are your proof or any other proof so that you cannot be sued for fiduciary duty or churning.
jesse
Deleted user
Lawyer
posted 2 years ago
You must show the list of your authorized trades and those that included in the list are your proof or any other proof so that you cannot be sued for fiduciary duty or churning.
attyjeremy
Deleted user
Lawyer
posted 2 years ago
First of all, you are presumed innocent of a crime. Once the company conducts an investigation on the matter, you must prepare for your defense by documenting your call logs, phone messages, and other pieces of evidence whether in a paper-based or electronic format. In the event the company decides to sue you, it will file a criminal case against you, where proof beyond reasonable doubt is required. It can also lodge a civil case for damages where superior weight of evidence in its favor is needed. In both situations, the company needs to establish your guilt/culpability. After presenting its evidence, you may either move for dismissal for failure of the company to prove your guilt/culpability or proffer your defense evidence.
attyje020983
Deleted user
Lawyer
posted 2 years ago
Well sir, you must present clear and convincing evidence showing that you did not input those unauthorised trades.. Just keep in touch with me at [email protected].
attyje020983
Deleted user
Lawyer
posted 2 years ago
Hello, well all you have to do is to present clear and convincing evidence to show that you never input any unauthorised trades in the said account. Hopefully this would help. Just keep in touch if you need my help.