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Do You Have Structured Notes Investment Losses?

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Updated on: February 28, 2024

Structured notes have features of securities from multiple asset classes, creating a complex investment with a high-risk/high-return profile. However, their complexity can amplify losses before investors become aware, often due to inadequate risk disclosures or misrepresentations by financial advisors. 

This article explores the nature of Structured Notes, the potential for investment losses, and the avenues available for investors to seek redress if negatively impacted by deficient financial guidance by advisors.

This article explores the nature of structured notes, the potential for investment losses, and the avenues available for investors to seek redress if negatively impacted by poor financial guidance.

Structured Notes: Investor Losses Investigation

KlaymanToskes, a national leader in investment loss law, is conducting an investigation into brokerage firms and financial advisors who may have recommended unsuitable structured notes to their customers. These investments may not support investors whose investment objectives include  financial security and readily accessible funds, such as retirees and the elderly. Structured Notes involve diminished liquidity, above-average risks, and complex mechanics. If you have suffered losses in Structured Note investments due to undisclosed risks, or unreported sharp and sudden declines in market value, and/or securities violations by your brokerage firm or financial advisor, you may be entitled to financial recovery through FINRA arbitration.

For a free and confidential consultation to discuss your recovery options, contact securities attorney Steven D. Toskes, Esq. at (888) 997-9956 or investigations@klaymantoskes.com. Our firm operates on a contingency fee basis, ensuring we do not collect attorney’s fees unless we achieve a financial recovery for you.

What Are Structured Notes?

Structured notes are “hybrid” investments, combining a debt instrument (bond) and a reference security that together purport to offer principal protection and potential upside linked to a specific asset’s performance. These assets could include individual common stocks, benchmark interest rates, or commodities. Structured notes commonly track equity indexes, baskets of common stocks, or currency values. Despite their potential for above-market gains, structured notes involve significant risks, including illiquidity, principal risk, credit risk, and default risk, which may lead to the loss of an investor’s entire original investment.

Risks About Structured Notes That You Should Know as an Investor

Investors are often drawn to structured notes for their high return potential, but these investments come with an elevated degree of risk, potentially leading to the total loss of principal. The illiquidity, credit risk, and default risk associated with structured notes, amplified by their complexity, make them volatile and high-risk, particularly when the underlying reference security or index experiences market volatility. If the issuer of a structured note defaults, investors could lose their entire investment.

Structured Notes KlaymanToskes is Investigating:

Barclays
Barclays Bank Phoenix Contingent Interest Note linked to Least Performing of RTY, KRE, and NDX due 6/2/23

Bank of America
BofA Contingent Income Auto-Callable Yield Notes Linked to Dynatrace due 10/31/23
BofA Contingent Income Auto-Callable Yield Notes Linked to KRE, XBI, and XLK due 3/2/23
BofA Contingent Income Auto-Callable Yield Notes Linked to KRE, XBI, and XLK due 4/27/23
BofA Contingent Income Auto-Callable Yield Notes linked to Least Performing of KRE, XBI, and XLK due 3/2/23
BofA Contingent Income Auto-Callable Yield Notes Linked to least performing of XLK and XBI and due 3/2/23
BofA Contingent Income Auto-Callable Yield Notes Linked to XBI, KRE, and XLK due 12/7/23
BofA Contingent Interest Note linked Least Performing of XBI, KRE, and XLK due 8/31/23
BofA Contingent Interest Note linked Least Performing of XLK and XBI due 3/28/23
BofA Contingent Interest Note linked to Dynatrace due 10/31/23

Bank of Montreal
BMO Autocallable Barrier Notes with Contingent Coupons Linked to Pinterest due 8/31/2023
BMO Autocallable Barrier Notes with Contingent Coupons Linked to Square due 12/7/23
BMO Contingent Barrier Note linked to Pinterest due 8/31/23

Citigroup
Citigroup Autocallable Contingent Interest Note linked to KBE, XBI, and XLK due 10/31/23
Citigroup Autocallable Contingent Interest Note linked to least performing of XBI, KRE, and XLK due 6/2/23
Citigroup Autocallable Contingent Interest Note linked to Least Performing of XBI, XLK, and SMH due 1/26/23
Citigroup Autocallable Contingent Interest Note linked to Okta due 10/31/23
Citigroup Autocallable Contingent Interest Note linked to worst of XBI, KRE, and XLK due 6/2/23
Citigroup Autocallable Contingent Interest Note linked to Worst Performing of KRE, XBI, and XLK due 6/2/23
Citigroup Autocallable Contingent Interest Note linked to Worst Performing of XBI, XLK, and SMH due 1/25/23
Citigroup Equity Linked Contingent Coupon Notes linked to Okta due 10/31/23

Credit Suisse
Credit Suisse Contingent Coupon Autocallable Yield Notes Linked to KRE, XBI, and XKL due 1/11/23
Credit Suisse Contingent Coupon Autocallable Yield Notes Linked to KRE, XBI, and XKL due 1/26/23
Credit Suisse Contingent Coupon Autocallable Yield Notes linked to Lowest Performing of KRE, XBI, and XLK due 1/26/23
Credit Suisse Contingent Coupon Autocallable Yield Notes linked to RTY, DJI, and KRE due 1/18/24
Credit Suisse Contingent Coupon Autocallable Yield Notes linked to Zoom due 6/28/23
Credit Suisse Contingent Coupon Yield Notes linked to Least Performing of KRE, XBI, and XLK due 1/26/23
Credit Suisse Contingent Coupon Yield Notes linked to worst of RTY, DJI, and KRE due 1/18/24
Credit Suisse Contingent Coupon Yield Notes linked to Zoom due 6/28/23

Goldman Sachs
GS Autocallable Contingent Coupon Equity-Linked Notes linked to DocuSign due 9/28/23
GS Autocallable Contingent Coupon Equity-Linked Notes linked to Snap due 12/7/23
GS Autocallable Contingent Coupon Equity-Linked Notes linked to Twilio due 6/28/23

Hongkong and Shanghai Banking Corporation (HSBC)
HSBC Autocallable Contingent Income Barrier Notes Linked to Match Group due 8/31/23
HSBC Contingent Income Barrier Note linked to Match due 8/31/23
HSBC Contingent Income Barrier Note linked to Uber due 10/31/23

JPMorgan
JPMorgan Auto Callable Contingent Interest Note linked to Least Performing of KRE, XBI, and XLK due 3/28/23
JPMorgan Auto Callable Contingent Interest Note linked to Least Performing of KRE, XBI, and XLK due 6/28/23
JP Morgan Auto Callable Contingent Interest Note linked to Palantir due 12/27/23
JP Morgan Auto Callable Contingent Interest Note linked to Palantir due 12/7/23
JPMorgan Auto Callable Contingent Interest Note linked to Palantir due 9/28/23
JP Morgan Auto Callable Contingent Interest Note linked to Palantir Technologies due 9/28/23
JP Morgan Auto Callable Contingent Interest Note linked to Roblox due 10/31/23
JP Morgan Auto Callable Contingent Interest Note linked to Sea due 10/31/23
JP Morgan Auto Callable Contingent Interest Note linked to Sea due 8/31/23
JP Morgan Auto Callable Contingent Interest Note linked to Square due 10/31/23
JP Morgan Auto Callable Contingent Interest Note linked to Twilio due 10/31/23
JP Morgan Auto Callable Contingent Interest Note linked to UiPath due 9/28/23
JP Morgan Auto Callable Contingent Interest Notes Linked to KRE, XBI, and XLK due 3/28/23
JP Morgan Auto Callable Contingent Interest Notes Linked to Palantir due 12/7/23
JP Morgan Auto Callable Contingent Interest Notes Linked to Palantir due 9/28/23
JP Morgan Auto Callable Contingent Interest Notes Linked to Roblox due 10/31/23
JP Morgan Auto Callable Contingent Interest Notes Linked to Square due 10/31/23

Morgan Stanley
Morgan Stanley Contingent Income Auto-Callable linked to Coupa due 9/28/23
Morgan Stanley Contingent Income Auto-Callable linked to least performing of INDU, NDX, and KRE due 2/29/24
Morgan Stanley Contingent Income Auto-Callable linked to least performing of XBI, XLK, and KRE due 4/27/23
Morgan Stanley Contingent Income Auto-Callable linked to Snap due 8/31/23
Morgan Stanley Contingent Income Auto-Callable linked to worst of XBI, XLK, and KRE due 9/28/23
Morgan Stanley Contingent Income Auto-Callable linked to Worst Performing of XBI, XLK, and KRE due 4/27/23

Signs Investors Should Look Out For About Their Brokerage Accounts

Investors should be vigilant for signs indicating unsuitable investment recommendations in structured notes, which could suggest misconduct, negligence, or investment fraud:

  • Substantial losses in investment accounts
  • Communications from a broker’s supervisor concerning your portfolio
  • Misrepresentation or omission of details about investments
  • Unauthorized transactions in your accounts
  • Lack of communication from your broker
  • Unresolved complaints with your brokerage firm
  • Discrepancies or fraudulent statements in your account statements

Despite the allure of structured notes, they are not without significant risks, including:

  • Limited Liquidity: Many structured notes come with lengthy maturities and lack a vibrant secondary market, potentially complicating efforts to liquidate the investment before its maturity.
  • Credit Risk: Returns and principal protection on structured notes are often contingent on the credit standing of the issuing bank, posing a risk if the issuer encounters financial troubles.
  • Market Risk: The note’s return is linked to the performance of its underlying asset, which means investors may face partial or total loss of their investment if the asset underperforms.
  • Complexity: Structured notes’ complexity may lead to misunderstandings and investment choices that misalign with an investor’s financial objectives and risk appetite.

Can I Sue My Financial Advisor for Structured Note Investment Losses?

Yes, under certain conditions, investors can pursue legal action against their financial advisors for losses related to structured note investments, such as:

  • Misrepresentation: If the financial advisor misrepresented the structured note’s characteristics, mechanics, or risks.
  • Failure to Disclose: If the advisor did not provide essential documentation or failed to disclose the investment’s material risks fully.
  • Unsuitability: If the structured note investment was misaligned with the investor’s financial goals, risk tolerance, and investment profile.
  • Overconcentration: If a disproportionate amount of the investor’s portfolio was allocated to structured notes, violating diversification principles.

How Can I Recover My Structured Note Investment Losses?

Investors seeking to recuperate losses from structured note investments typically need to undertake legal action. Engaging a law firm that solely focuses in securities arbitration and litigation, such as KlaymanToskes, is a critical first step. KlaymanToskes stands as a preeminent national securities law firm, dedicated to representing retail and institutional investors worldwide in securities arbitration and litigation, focusing on recovering investment losses caused by the malpractice or malfeasance of trusted financial advisors and financial institutions.

Legal proceedings can be initiated for allegations of fraud, misrepresentation, breach of fiduciary duty, failure to supervise, and unsuitable recommendations, with the objective of securing compensation through FINRA arbitration or mediation processes.

Speak with an Investment Loss Attorney Today

Structured notes, with their inherent complexity, may not be suitable for every investor, particularly those seeking consistent income or principal protection. If you’ve experienced losses due to mismanagement or unsuitable recommendations regarding structured note investments, there are avenues for redress.

Consulting with experienced investment loss attorneys, such as those at KlaymanToskes, can provide clarity on your rights and options for recovery. Our firm is dedicated to advocating for investors’ rights and recovering investment losses.

For expert guidance and representation in structured note investment loss cases, contact KlaymanToskes at (888) 997-9956 or visit our website to fill out a short contact form for a free and confidential consultation. Our commitment is to recover your investment losses and uphold your rights as an investor.