breach of fiduciary duty

Broker Investigation: TIC Complaints Against Sigma Financial Broker Tomas Velken

December 28, 2015 | by Staff Attorney

The investment attorneys at Gana Weinstein LLP are interested in speaking with investors of broker Tomas Velken (Velken). According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) Velken has been the subject of at least 14 customer complaints. The customer complaints against Velken allege securities law violations that including unsuitable investments, misrepresentations, and breach of fiduciary duty among other claims. Many of the complaints appear to be in connection with in connection with the sales of tenants-in-common (TICs).

The most recent complaint was filed in September 2015, and alleged $115,000 in losses due to a recommendation to invest in a real estate security transaction purchased in 2007. Another investor in April 2015, claimed $1,777,484 in damages due to a real estate security transactions purchased from 2005 through 2007. In March 2015, another investor alleged that in 2010 the broker made misrepresentations concerning an investment’s performance and claimed damages of $592,600.

As a background, TICs largely been sold unfairly as tax advantaged products that allow customers to defer capital gains taxes on appreciated real estate. TICs are private placements that have no secondary trading market and are therefore illiquid investments. In a typical TIC, the investor receives a fractional interest in the property along with other stakeholders and the profits are generated mostly through the efforts of the sponsor and the management company that manages and leases the property. The sponsor typically structures the TIC investment with up-front fees and expenses charged to the TIC and negotiates the sale price and loan for the acquired property. Because these fees are often higher than 15%, there is often no way for the investment to be profitable for the investor.

Broker Investigation: VSR Financial Services Advisor Robert Bragg

December 16, 2015 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating customer complaints against broker Robert Bragg (Bragg). There are at least 4 customer complaints against Bragg. The customer complaints against Bragg allege a number of securities law violations including that the broker made unsuitable investments, misrepresentations, negligence, fraud, and breach of fiduciary duty among other claims. The claims appear to relate to allegations regard direct participation products and limited partnerships such as equipment leasing and non-traded real estate investment trusts (Non-Traded REITs). Our firm has written numerous times about investor losses in these types of programs such as equipment leasing programs like LEAF Equipment Leasing Income Funds I-IV and ICON Leasing Funds Eleven and Twelve. Investors are destined to lose money in these investments because the costs and fees associated with these investments make significant returns virtual impossibility. Yet for all of their costs investors are in no way compensated for the additional risks of these products.

The most recent complaint was filed in February 2015 and alleged unsuitable investments for investments made between 2005 though August 2013 causing $460,488 in damages. Another complaint filed in November 2014 alleged breach of fiduciary duty among other claims for investments made in October 2007 though September 2010 causing $322,432.

Bragg entered the securities industry in March 2004. Since March 2004, Bragg has been registered with VSR Financial Services, Inc. out of the firm’s Colorado Springs, Colorado office location.

Broker Investigation: VSR Financial Services Advisor Robert Hinz

December 16, 2015 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating customer complaints against broker Robert Hinz Jr. (Hinz). There are at least 7 customer complaints against Hinz. The customer complaints against Hinz allege a number of securities law violations including that the broker made unsuitable investments, misrepresentations, negligence, fraud, breach of fiduciary duty, and unauthorized trading among other claims. One of the claims involves the purchase of oil and gas private placement Reef Oil & Gas Income and Development Fund III.

The most recent complaint was filed in February 2013 and alleged fraud and negligence from activities that occurred from July 2007 until December 2009 and resulted in $240,000 in damages. Another complaint filed in January 2012 alleged dissatisfied performance with respect to investments and asked for $34,680. The case was closed with no action.

Hinz entered the securities industry in January 1982. Since August 1994, Hinz has been registered with VSR Financial Services, Inc. out of the firm’s Seattle, Washington office location.

Gana LLP Investigation: Customer Complaints Against Howard Slater

December 13, 2015 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints against broker Howard Slater (Slater). In addition, The Financial Industry Regulatory Authority (FINRA) brought an enforcement action (FINRA No. 2015046156301) against Slater. There are at least 18 customer complaints against Slater and 2 regulatory actions. The customer complaints against Slater allege a number of securities law violations including that the broker made unsuitable investments, misrepresentations, negligence, fraud, breach of fiduciary duty, and unauthorized trading among other claims.

The most recent customer complaint was filed in November 2013 and alleges unsuitable investments, fraud, and negligence concerning investments in alternative investments in real estate investments. The complaint seeks $90,000 in damages. In another complaint filed in July 2013, a customer complained that Slater misinformed her regarding the risks of three non-traded real estate investment trusts (Non-Traded REITs).

In a FINRA regulatory action against Slater, the agency alleged that in February 2008 and August 2008, Slater sent emails to two customers in connection with their purchases of IMH Secured Loan Fund, LLC (IMH Fund) that contained misrepresentations regarding the features of the IMH Fund. In addition, according to FINRA, in March 2008, Slater sent an email to a customer that contained exaggerated and misleading statements about the safety of the IMH Fund. Finally, FINRA found that in April 2008, Slater caused an SAI customer’s account records to reflect false annual income and net worth information that caused the business records maintained by his firm to be inaccurate.

Advisor Investigation: Morgan Stanley Broker Kirk Gill

December 1, 2015 | by Staff Attorney

The securities and investment attorneys of Gana Weinstein LLP are interested in speaking with clients of Kirk Gill (Gill). According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) Gill has been the subject of at least 7 customer complaints. The customer complaints against Gill allege securities law violations that claim unsuitable investments, misrepresentations, unauthorized investments, and breach of fiduciary duty among other claims.

The most recent complaint was filed in July 2015, and alleged $300,000 in damages due to claims that the broker, from 2007 to November 2014 made unsuitable investments and recommendations to the client. In April 2015, another customer filed a complaint alleging that Gill, from October 2011, until November 2014, made unsuitable investment recommendations causing alleged damages of $450,000. Gill denied the claims made by this investor and seeks an expungement of this case from his record. In December 2013, a customer filed a complaint against Gill alleging that the client was not properly advised concerning high risk and volatile stocks causing losses of $100,000.

Gill entered the securities industry in 1992. From July 2007 onward Gill has been associated with Morgan Stanley out of the firm’s Tucson, Arizona branch office location.

Broker Investigation: Oppenheimer Advisor Luigi Mancusi

November 24, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Luigi Mancusi (Mancusi) has been the subject of at least 4 customer complaints. The customer complaints against Mancusi allege securities law violations that claim unauthorized trading, unsuitable investments, misrepresentations, failure to supervise, and breach of fiduciary duty among other claims. The most recent complaint was filed in July 2015, and alleged $250,000 in losses due to unauthorized trading from November 2012 through November 2014. Another complaint was filed in July 2013 where the client alleged fraud and unsuitable investments given the client’s age, risk tolerance, and income need. The claimant alleged $322,000 in damages.

Mancusi entered the securities industry in 1992. From November 2002, until October 2012, Mancusi was associated with Wayne Hummer Investments L.L.C. From September 2012, onward Mancusi has been associated with Oppenheimer & Co. Inc. Mancusi is also associated with David A. Noyes & Company out of the firm’s Lake Forrest, Illinois branch office location.

All advisers have a fundamental responsibility to deal fairly with investors including making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

Broker Investigation: Laidlaw & Company Advisor Joseph Fedorko

November 19, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Joseph Fedorko (Fedorko) has been the subject of an astonishing 16 customer complaints. The customer complaints against Fedorko allege securities law violations that claim churning and excessive trading, unsuitable investments, unauthorized trading, fraud, misrepresentations, and breach of fiduciary duty among other claims. The most recent complaint was filed in March 2014, and alleged $292,771 in losses due to an unsuitable investment strategy from 2011 until 2013. The case settled for $120,000. Another complaint filed in November 2012, alleged $400,000 in damages stemming from trading that began in 2011. Other complaints against Fedorko when combined allege millions in investor losses.

Fedorko entered the securities industry in 1989. From January 2002, until May 2009, Fedorko was associated with with Oppenheimer & Co. Inc. Presently, Fedorko is associated with Laidlaw & Company (UK) Ltd. out of the firm’s Stamford, Connecticut branch office location.

All advisers have a fundamental responsibility to deal fairly with investors including making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

Broker John Galinsky Suspended For Failing to Pay Arbitration Award

November 17, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker John Galinsky (Galinsky) has been the subject of at least 4 customer complaints, 2 regulatory actions, 2 employment separations for cause, and two criminal matters. In the most recent action, eleven claimants brought claims against Matrix Capital Group, Inc., John W. Eugster, Fintegra LLC, and Galinsky, alleging numerous securities law violations including breach of fiduciary duty, unsuitable investments, and misrepresentations relating to the sale of MiaSole Investments II LLC.

At an arbitration hearing, the arbitrators found that Galinsky and Fintegra were liable and asked them to buy back the investor’s securities in MiaSole totaling over $1.19 million in compensatory damages, and awarding $308,000 in attorneys’ fees and over $35,000 in costs. Since the award, Fintegra filed for bankruptcy.

Subsequently, Galinsky failed to pay the arbitration award. On August 7, 2015, FINRA suspended Galinsky’s broker license for failing to comply with the arbitration award and failing to provide FINRA information concerning status of compliance with the award.

FINRA Sanctions Broker Robert Gill Over Borrowing Customer Funds

November 15, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Robert Gill (Gill) has been the subject of at least 9 customer complaints, 2 criminal matters, 2 employment terminations, and 5 regulatory complaints. The customer complaints against Gill allege securities law violations that claim churning and excessive trading, unsuitable investments, breach of fiduciary duty, unauthorized trading, fraud, and misrepresentations among other claims. Gill’s first employment separation in 2003 from Grayson Financial LLC alleged that Gill abused margin, failed to execute trades, engaged in unauthorized trades, and misappropriated firm information. Gill’s second firm termination in October 2013 was due to allegation by J.P. Turner & Company LLC (JP Turner) that Gill borrowed money from a client without prior firm approval.

FINRA’s action against Gill involves the circumstances alleged by JP Turner. FINRA sanctioned Gill by suspending the broker and imposing a fine for allegations involving a loan for $100,000 that he received from a firm customer.

Gill entered the securities industry in 1996. From April 2003, until October 2013, Gill was associated with JP Turner. Since November 2013 Gill has been associated with Chelsea Financial Services out of the firm’s Tinton Falls, New Jersey branch office location.

Broker Investigation: Churning Claims Against Broker Donald Fowler

November 13, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Donald Fowler (Fowler) has been the subject of at least 10 customer complaints. The customer complaints against Fowler allege securities law violations that claim churning and excessive trading, unsuitable investments, breach of fiduciary duty, unauthorized trading, fraud, overconcentration, purchasing securities on margin, and misrepresentations among other claims. At least three of the complaints have been filed in 2015 alone. One complaint alleged that Fowler caused $419,372 in damages.

Fowler entered the securities industry in 2005. From September 2005 until February 2007, Fowler was associated with American Capital Partners, LLC. From January 2007, until November 2014, Fowler was associated with J.D. Nicholas & Associated, Inc. Since November 2014, Fowler has been associated with Worden Capital Management LLC out of the firm’s Garden City, New York office location.

Churning is investment trading activity in the client’s account that serves no reasonable purpose for the investor and is transacted solely to profit the broker. The elements to establish a churning claim, which is considered a species of securities fraud, are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.