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 Service
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.
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.
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 Service
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.