GILMAN AND PASTOR IS PURSUING CLAIMS CONCERNING PROSHARES FUNDS On July 15, 2009, the Massachusetts Secretary of State announced that Massachusetts had begun a probe into the sales practices of ProShares. ProShares Ultra and UltraShort Funds have been sold by many broker-dealers including but not limited to: Morgan Stanley, Raymond James and Merrill Lynch. For nearly 30 years, Gilman and Pastor, LLP has been one of the nation’s leading firms representing investors in securities fraud actions and litigation to correct egregious corporate practices and breaches of fiduciary duty to investors. To discuss your investment losses in confidence, please call 888-252-0048. “We have been retained to represent investors who have identified certain ProShares Ultra and UltraShort Exchange Traded Funds that made serious misstatements and omissions of material fact and deceived investors as to the risks of investing in these funds,” Gilman and Pastor LLP said in a statement. In June 2009, FINRA issued an alert bulletin and Regulatory Notice 09-31, which cautioned that leveraged ETFs are extremely confusing products and the marketing and sale of these products to unsophisticated retail investors is dangerous. If you think you may have been the victim of investment misconduct, contact Gilman and Pastor at 888-252-0048 or fill in and submit the form below. Were ProShares Funds or other Exchange Traded Funds (ETFS) Recommended By Your Broker - Dealer, Including but not limited to: 1. Morgan Stanley 2. Smith Barney 3. Raymond James Associates, Inc. 4. Raymond James Financial Services, Inc. 5. Merrill Lynch Gilman and Pastor is also representing investors and prosecuting lawsuits and claims in many of the Ultra ProShares Funds and UltraShort ProShares Funds, which have subjected investors to substantially more risk than was disclosed and resulted in enormous losses by investors. These leveraged ETFs include but are not limited to the following ProShares Funds in which investors have suffered substantial losses. Plaintiffs allege the following ProShares Ultra and UltraShort ETFs are defective securities products, which contained material omissions of fact and which could not perform in accordance with investors’ reasonable expectations. These funds include but are not limited to:  • ProShares UltraShort Russell MValue ETF (SJL)  • ProShares UltraShort Russell 2000 (SKK)  • ProShares UltraShort Real Estate ETF (SRS)  • ProShares Ultra Financials ETF (UYG)  • ProShares UltraShort Dow 30 ETF (DXD)  • ProShares UltraShort Financials ETF (SKF)  • ProShares UltraShort FTSE/Xinhua 25 ETF (FXP)  • ProShares UltraShort Gold ETF (GLL)  • ProShares UltraShort DJ-AIG Crude Oil ETF (SCO)  • ProShares UltraShort Oil & Gas ETF (DUG)  • ProShares UltraShort MSCI Emerging Markets     ETF (EEV) Exchange Traded Funds under investigation. ProShares touted its UltraShort ETFs including those listed above, as simple-to-execute investments which go up when markets go down. Although ProShares touts its securities and cloaks them with certainty due to allegedly reliable mathematical formulas, their math does not add up. The results demonstrate that such funds do not perform as reasonably expected by any investors who use them for more than one trading session or one day. Once an index rises or falls and a leveraged ETF moves in the opposite direction, they no longer share their original mathematical relationship and performance does not hold after the first day, Gilman and Pastor said in a statement.  Holding the funds for more than one day or trading session will most certainly lead to enormous losses. ProShares has now conceded that mathematical compounding actually prevents these funds from achieving their stated investment objectives over a period of time greater than one day. Plaintiffs allege that ProShares Ultra and UltraShort ETFs are defective and that the ProShares financial advisory firm and affiliates did not reveal the serious risks involved from investing in these ETFs, resulting in enormous losses. Your use of this web site, or sending of email to Gilman and Pastor LLP, does not create an attorney-client relationship between you and Gilman and Pastor LLP. ABOUT US               PRACTICE AREAS               ATTORNEYS               LEGAL DISCLAIMER
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