Author: Michael Hill

On August 30, 2010 the Securities Law Firm of Menzer & Hill, P.A. submitted comments to the U.S. Securities and Exchange Commission’s congressionally mandated study of implementing a fiduciary duty standard for brokers.


Michael  Hill, Esq., CFP
Managing Partner of Securities Law Firm of Menzer Hill, P.A.
Boca Raton, Florida

The Securities Law Firm of Menzer Hill, P.A. supports the Study Regarding Obligations of Brokers, Dealers, and Investment Advisers pursuant to the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. As an attorney, and former chief compliance officer for about 10 years, it is time that the Commission simplifies and codifies the roles of brokers and investment advisers.

Public investors are confused between the two roles and cannot discern whether a financial advisor is operating as a broker or as an investment adviser when dispensing advice. Many times industry persons are dually-registered and even retain customers having both a brokerage account and an investment advisory account. The Commission should enact standards of conduct for the dually-registered person so that the investor is treated fairly and consistently.

The Commission should enact fiduciary duty standards when a broker solicits or recommends the purchase or sale of a security. It should not be whether the broker is handling an investment advisory account (i.e., fee-based account) or commission-based account but whether the investor is entrusting him or herself to the professional advice, guidance, and disclosure by the broker.

Investors should also be afforded the ability to seek private recourse should the broker/investment adviser breach his or her fiduciary duty and not be left solely to the investigatory efforts of regulators.

The Securities Law Firm of Menzer Hill, P.A. primarily represents investors and practices in the areas of securities arbitration and litigation annuities and insurance arbitration and litigation investment adviser arbitration and litigation hedge fund and alternative investment arbitration and broker representation.

Menzer Hill, P.A.
7777 Glades Road
Suite 100
Boca Raton, FL 33434

Author: Michael Hill

BOCA RATON, Fla., Aug. 26, 2010 (GLOBE NEWSWIRE) — The Securities Law Firm of Menzer & Hill, P.A., or, announced today an investigation into the 1861 Capital Management municipal arbitrage funds sold by UBS (NYSE:UBS) and other broker dealers. The funds we are currently investigating include: 1861 Capital Municipal Enterprise Domestic Fund, LP, 1861 Capital Municipal Enterprise Offshore Fund, Ltd., 1861 Capital Discovery Domestic Fund, LP, and 1861 Capital Discovery Offshore Fund, Ltd. In marketing 1861 to investors, UBS targeted high net worth individual investors who were generally risk averse, took a conservative approach to investing and were interested in the safety and security offered by tax free municipal bonds. The firms that used municipal arbitrage attempted to take advantage of differences between municipal bonds and other types of debt, including Treasury securities and corporate bonds. This was the strategy of the 1861 Municipal Arbitrage Fund. Unfortunately, many of these types of strategies are highly leveraged. The leverage, often downplayed in marketing material, caused massive losses with the collapse of the market in 2008 and 2009. Based on our analysis, there was lack of disclosure and/or misrepresentations concerning the risks of these products, and investors who were looking to preserve their capital sustained substantial losses.

Investors who purchased 1861 Capital Management municipal arbitrage funds are urged to explore their legal rights and options. The attorneys at the Securities Law Firm of Menzer & Hill, P.A. are dedicated to pursuing claims on behalf of investors who have suffered investment losses.

For a free case evaluation or to discuss any other investment losses, please contact the Securities Law Firm of Menzer & Hill, P.A., at 888-923-9223, or visit us on the web at or

CONTACT:  Securities Law Firm of Menzer & Hill, P.A.

Author: LPclient

Menzer & Hill, P.A., is a nationally known securities law firm headquartered in Boca Raton, Florida.  The primary focus of the Firm is representing investors nationwide that have lost money due to the negligence of their brokers/financial advisors and the failure to supervise by their broker-dealers. Menzer & Hill, having formerly held Corporate Counsel and Chief Compliance Officer Positions for a publicly traded broker-dealer, bring a truly unique perspective and understanding of how broker-dealers defend against arbitration claims as well as the knowledge of the insurance coverage these firms carry.