Broker Investigation: Churning Claims Against Broker Indra Ramsahai

shutterstock_177792281The securities fraud lawyers of Gana LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Indra Ramsahai (Ramsahai). According to BrokerCheck records Ramsahai has been the subject of at least four customer complaints, one financial disclosure – a bankruptcy, and one employment separation. The customer complaints against Ramsahai allege a number of securities law violations including that the broker made unsuitable investments, misrepresentations, and churning (excessive trading) among other claims.

The most recent customer complaint filed in June 2015 alleged unsuitable recommendations and churning from September 2011 through November 2012 claiming $200,000 in damages. The claim is still pending. In December 2014, another client filed a complaint alleging Ramsahai engaged in unauthorized and excessive trading. The claim is still pending. In addition, Ramsahai declared bankruptcy in 2008. Brokers are required to disclose financial matters that impact their personal finances. Substantial judgements and liens on a broker’s record can reveal a financial incentive for the broker to recommend high commission products or services. A broker’s inability to handle their personal finances has also been found to be relevant in helping investors determine if they should allow the broker to handle their finances.

When brokers engage in excessive trading, sometimes referred to as churning, the broker will typical trade in and out of securities, sometimes even the same stock, many times over a short period of time. Often times the account will completely “turnover” every month with different securities. This type of investment trading activity in the client’s account serves no reasonable purpose for the investor and is engaged in only to profit the broker through the generation of commissions created by the trades. Churning is considered a species of securities fraud. The elements of the claim 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.

The number of customer complaints against Ramsahai is high relative to his peers. According to InvestmentNews, only about 12% of financial advisors have any type of disclosure event on their records. Brokers must publicly disclose certain types of reportable events on their CRD including but not limited to customer complaints. In addition to disclosing client disputes brokers must divulge IRS tax liens, judgments, and criminal matters. However, FINRA’s records are not always complete according to a Wall Street Journal story that checked with 26 state regulators and found that at least 38,400 brokers had regulatory or financial red flags such as a personal bankruptcy that showed up in state records but not on BrokerCheck. More disturbing is the fact that 19,000 out of those 38,400 brokers had spotless BrokerCheck records.

Ramsahai entered the securities industry in December 1987. From March 2010 until October 2013, Ramsahai was associated with Aegis Capital Corp. Since December 2013 Ramsahai has been registered with Princor Financial Services out of the firm’s Melville, New York office locations.

The investment fraud attorneys at Gana LLP represent investors who have suffered securities losses due to the mishandling of their accounts. The majority of these claims may be brought in securities arbitration before FINRA. Our consultations are free of charge and the firm is only compensated if you recover.