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Statute of Limitations

Investment Fraud Statute of Limitations: How Long Do You Have?

Investment fraud claims have deadlines, and some are short. Missing one can end a valid claim. The table below summarizes common deadlines; which ones apply depends on your facts, so confirm with a securities attorney.

ClaimGeneral deadlineOuter limit
Sale of unregistered securities (Securities Act §12(a)(1))1 year from the violation3 years from first offering
Misstatements in a prospectus or oral communication (§12(a)(2))1 year from discovery3 years from sale
Securities fraud (Exchange Act §10(b) / Rule 10b-5)2 years from discovery of the facts5 years from the violation
FINRA arbitration eligibility (Rule 12206)6 years from the eventOther legal limits may be shorter
State securities ("blue sky") lawsVaries by state (often 2–3 years from discovery)Varies (often 5 years)
Common-law fraudVaries by state; New York: 6 years, or 2 years from discovery if laterVaries

What starts the clock

Many deadlines run from when you discovered, or reasonably should have discovered, the facts of the fraud: for example, when an SEC complaint against the seller became public or when you learned of the markup. Repose periods, however, run from the sale or violation regardless of when you found out. If an SEC action involving your investment was announced, the clock may already be running.

How long do I have to file an investment fraud claim?

It depends on the claim, but act within months, not years. If the sale was unregistered, the one-year federal rescission deadline may already be close.

Investment scam victim rights

  • The right to report fraud to the SEC, FINRA, and state regulators at no cost
  • The right to pursue a claim for damages or rescission in the proper forum
  • The right to file claims in receiverships, bankruptcies, and SEC distributions
  • The right to request your account records from the firm that sold the investment
  • The right to choose your own attorney and to have fee terms in writing

Think you were a victim of a pre-IPO scam?

Request a free, confidential claim review. If your situation fits, an independent securities attorney may contact you to discuss your options.

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