Currently financial advisor Maxim Tulupnikoff (Tulupnikoff), currently employed by brokerage firm David Lerner Associates, INC. has been subject to at least 2 disclosable events. These events include one customer complaint, one regulatory event. According to a BrokerCheck reports most of the recent customer complaints concern either corporate debt securities or alternative investments such as direct participation products (DPPs) like business development companies (BDCs), non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and private placements. The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.
FINRA BrokerCheck shows a pending customer complaint with a damage request of $65,000.00 on October 14, 2025.
FINRA BrokerCheck shows a final customer complaint on May 20, 2025.
Without admitting or denying the findings, Tulupnikoff consented to the sanctions and to the entry of findings that he recommended that two customers, a married couple, invest in two illiquid, proprietary limited partnerships without having a reasonable basis to believe the investments were suitable for the customers based on their investment profiles. The findings stated that the married couple were saving for retirement when Tulupnikoff first recommended that they purchase one of the limited partnerships. Ultimately, Tulupnikoff recommended nine purchases of the limited partnerships in the customers’ joint account and their IRAs, for a total of $147,946. Prior to their first purchase, the customers’ investment profile reflected that their risk tolerance was moderately conservative.
Non-traded REITs, oil and gas ventures, equipment leasing products, and other alternative investments are among the products included in DDPs. These alternative investments virtually never profit investors and are almost always unsuitable for investors because of their high fee and cost structure. Brokers who sell these products receive extra commissions, encouraging them to promote low-quality investments and creating distorted incentives that artificially inflate the market.
Several studies have confirmed that Non-traded REITs underperform publicly traded REITs with some showing that Non-Traded REITs cannot even beat safe benchmarks, like U.S. treasury bonds. Brokers selling these products must disclose to the investor that non-traded REITs provide lower investment returns than treasuries while being high risk and illiquid – but almost never do. Since investors do not receive extra returns for taking on higher risk and illiquidity, these types of alternative investment products are seldom, if ever, suitable for investors.
Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client after conducting due diligence. Due diligence includes an investigation into the investment’s properties including its benefits, risks, tax consequences, issuer, history, and other relevant factors. Appropriate due diligence would identify that an alternative investment’s high costs, illiquidity, and conflicts of interests that would make the investment not suitable for investors. Investors often fail to understand that they have lost money until many years after agreeing to the investment. In sum, for all of their costs and risks, investors in these programs are in no way additionally compensated for the loss of liquidity, risks, or cost.
Unfortunately, these types of alternative investment products continue to popular among brokers due to their high commissions. In order to counter the perverse incentives to sell these flawed product many states now limit investors from investing more than 10% of their liquid assets in Non-Traded REITs and BDCs. Many states impose these limitations because these investments do not benefit investors.
Tulupnikoff entered the securities industry in 2013. Tulupnikoff has been registered as a Broker with David Lerner Associates, INC. since 2013.
Investors who have suffered losses are encouraged to contact us at (800) 810-4262 for consultation. At Gana Weinstein LLP, our attorneys are experienced representing investors who have suffered securities losses due to the mishandling of their accounts. Claims may be brought in securities arbitration before FINRA. Our consultations are free of charge and the firm is only compensated if you recover.