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 I 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 does not give the Commission the authority to order rescission, or a return of your investment money. In some cases, the subject of an investigation or administrative prosecution will agree to make a rescission offer, but you should not expect a rescission offer to be made voluntarily.

If you have suffered 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 State Bar Association’s 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 the how to file a claim to 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 I retain a lawyer and which one will be able to do a good job?

A. No. We cannot give legal advice as to your need for a lawyer or provide you with the name of a lawyer who would be able to do a good job. What we can tell you is that if you feel strongly that a violation of the Securities Act has occurred, it might be wise to contact an attorney who specializes in securities work. Your local bar association should be able to give you a list of attorneys with experience. Also understand, 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, NASD, FBI or the local Commonwealth's Attorney.

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

A. Yes. You will be notified as to the results of our investigation. If a formal Commission action occurs, you will be notified of this and frequently supplied with a copy of the Commission’s order or ruling.

5. Is the information I provide kept confidential?

A. Investigations are kept confidential to protect investors and the reputations of companies and individuals if we find no violations of the Virginia securities laws.

An investigation becomes public when the Commission issues an order or during a hearing. You can access orders and other case information through the DocketSearch portal on the Commission's website.

If there is a hearing, then the information you provided is no longer kept confidential.