Advisor Robert Genito Terminated Over Undisclosed Investment Activities

shutterstock_185219489-300x237The law offices of Gana Weinstein LLP are currently investigating claims that advisor Robert Genito (Genito) was terminated by his firm and then barred from the securities industry over allegations that he engaged in undisclosed businesses and private securities transactions among other allegations.  According to BrokerCheck records, Genito was formerly registered with The Financial Industry Regulatory Authority (FINRA) member firm PFS Investments Inc. (PFS Investments).  If you have been a victim of Genito’s alleged misconduct our firm may be able to assist you in recovering funds.

In November 2019 FINRA barred Genito finding that Genito consented to the sanction and findings that he refused to appear for a FINRA on-the-record testimony requested when it began an investigation after it received a Form U5 filed by his member firm. FINRA stated that the Form U5 indicated that the firm terminated Genito’s registration because it discovered that he was involved in an undisclosed outside business activity or private securities transaction. PFS Investment discharged Genito in December 2018 forfor involvement in outside business activities and potentially private securities transactions.

According to Genito’s publicly disclosed records the only outside business activities disclosed include GeniTrust.  It is unclear at this time whether FINRA’s allegations concern these entities.

Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in receiving loans from clients or selling securities sales through OBAs.  The sale of unapproved investment products – is a practice known in the industry as “selling away” – a serious violation of the securities laws.  In the industry the term selling away refers to when a financial advisor solicits investments in companies, promissory notes, or other securities that are not pre-approved by the broker’s affiliated firm.  Sometimes those investments have some legitimacy but often times these types of investments can end up being Ponzi schemes or the advisor can be engaging in the conversion of funds.

However, federal securities laws and the FINRA rules require firms to monitor and supervise its employees in order to detect and prevent brokers from offering investments in this fashion.  In order to properly supervise their brokers each firm is required to have procedures in order to monitor the activities of each advisor’s activities and interaction with the public.  Selling away misconduct often occurs where brokerage firms either fail to put in place a reasonable supervisory system or fail to actually implement that system.  Supervisory failures allow brokers to engage in unsupervised misconduct that can include all manner improper conduct including selling away.

In cases of selling away the investor is unaware that the advisor’s investments are improper.  In many of these cases the investor will not learn that the broker’s activities were wrongful until after the investment scheme is publicized, the broker is fired or charged by law enforcement, or stops returning client calls altogether.

Genito entered the securities industry in 2004.  From April 2004 until December 2018 Genito was associated with PFS Investments out of the firm’s Bonita Springs, Florida office location.

Investors who have suffered losses are encouraged to contact us at (800) 810-4262 for consultation. Investors may be able recover their losses through securities arbitration.  The attorneys at Gana Weinstein LLP are experienced in representing investors in cases of selling away and brokerage firms failure to supervise their representatives.  Our consultations are free of charge and the firm is only compensated if you recover.

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