AV Peer Review Rated by Martindale-Hubbell

The Best Lawyers in America, 2006-2009

Certified Mediator, Florida Supreme Court

Florida Legal Elite, Florida Trend Magazine 2004-2009; ranked in the top 2% of practicing Florida Bar Members

Florida Super Lawyers, 2006-2009

Burton W. Wiand represents brokerage firms, financial institutions, corporations, and their associated persons in arbitration and litigation in state and federal courts and in investigations and proceedings before state and federal regulatory agencies and self-regulatory organizations. 

For a list of additional reported cases, click here

Representative Experience

• Appointed Receiver for the $400 million Arthur Nadel ponzi trade fraud in 2009
• Appointed Receiver for matters instituted by the State of Florida, the Federal Trade Commission, and the Securities and Exchange Commission
• Represented corporations and directors in securities class actions
• Defended securities actions that resulted in a ruling that indexed annuities are not securities
• Successfully defended a major New York Stock Exchange brokerage firm in an SEC administrative proceeding involving defalcation by representatives and supervision
• Represented brokerage firms and individuals in hundreds of arbitration proceedings before the NYSE, FINRA, AAA, and MSRB
• Regularly handles the defense of SEC and SRO regulatory investigations and defends brokerage firms and associated individuals in connection with Commission and SRO actions
• Defended a brokerage firm and its president in connection with major DOJ antitrust investigations relating to municipal bond offerings
• Defended a corporate executive in an FTC injunctive action relating to deceptive trade practices

Significant Reported Decisions

• Washington Square Sec. Inc. v. Aune, 385 F.3d 432 (4th Cir. 2004)
• Ungerleider v. Gordon, 214 F.3d 1279 (11th Cir. 2000)
• Tourdo v. Merrill Lynch Pierce, 1998 WL 304133 (11th Cir. May 28, 1998 ); Affirming, Tourdo v. Merrill Lynch, Pierce, Fenner & Smith, No. 93-484-CIV-T-24(C), 1996 U.S. Dist. LEXIS 22847 (M.D. Fla. Dec. 17, 1996 )
• Jones v. Childers, 18 F.3d 899 (11th Cir. 1994)
• Greening v. Western Reserve Life Assurance Co., —- F. Supp. 2d —, 2006 LEXIS 52876 (M.D. La. July 20, 2006)
• Malone v. Addison Ins. Mktg., No. 3:01-CV-259(H), 225 F. Supp. 2d 743 (W.D. Ky. 2002);Motion granted by, Dismissed by Malone v. Addison Ins. Mktg., 2002 U.S. Dist. LEXIS 19543 (W.D. Ky., Sept. 30, 2002)
•  Investors Capital Corp. v. Brown, 145 F. Supp. 2d 1302 (M.D. Fla. 2001)
• SEC v. Digital Lightwave, 196 F.R.D. 698 (M.D. Fla. 2000)
• Raymond James Fin. Servs. v. Saldukas, 896 So. 2d 707 (Fla. 2005)
• In re Raymond James Fin. Servs., Inc., No. 3-11692, Release . No. 296, 2005 SEC LEXIS 2368 (Sept. 15, 2005)
• Dist. Bus. Conduct Comm. v. Merten, Complaint No. C8A950030, 1997 NASD Discipl. LEXIS 71 (NBCC Oct. 31, 1997) 

Past Experience

• Macfarlane, Ferguson, Allison and Kelly
  Partner 1984-1989
• United States Securities and Exchange Commission, Division of Enforcement
  1971-1984; Assistant Chief Trial Counsel; Senior Counsel to Associate Director;  Branch Chief, Branch of Criminal References and Special Proceedings; Special Counsel to Assistant Director   

Presentations

• "Dealing with Regulators in an Environment of Financial Crises," Co-Speaker, ACC West Central Florida Chapter Meeting, Tampa, FL, June 18, 2009
• 2009 Broker Dealer Training Session, Keynote Speaker, North American Securities Administrators Association, Tampa, FL, June 10-12, 2009
• "Arbitration - An Alternative Method of Dispute Resolution with Teeth," Civil Seminar for the Federal Bar Association Tampa Bay Chapter 2008. Click here to view the presentation and click here to view cases related to the presentation.  
• "Trouble: How To Avoid It And What To Do When It Arrives," Florida Securities Dealers Association, Regional Conference, 2007
• Interview on CNBC regarding Insider Trading with CNBC's Michelle Caruso-Cabrera, December 4, 2006. Click here to view the video.   
• Accounting Controls Seminar, Panelist, Executive Enterprises, Inc.
• University of Tulsa, Principal Speaker, Third Annual Conference of Accountants
• Annual Convention, Principal Speaker, Dallas Society of Certified Public Accountants
• Federal Bar Association Conference on White Collar Crime, Principal Speaker
• Securities Regulation, Guest Lecturer, Penn State University
• Sixth Annual Conference of Legal Problems and Bank Regulation, Panelist, Law Journal Seminar-Press
• National Association of Securities Dealers, Inc., Arbitration & Mediation - Instructor NASD Advanced Arbitrator Training Courses

Publications

• Contributing Legal Editor, Author, Securities Litigation Commentator