Articles Posted in Alternative Investment

Currently financial advisor Rey Descalso (Descalso), currently employed by brokerage firm J.w. Cole Financial, INC. has been subject to at least one disclosable event. These events include one customer complaint. 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 settled customer complaint with a damage request of $50,000.00 on December 20, 2021.

Client alleges a REIT and BDC purchased were unsuitable.

Previously financial advisor Darryl Ferguson (Ferguson), previously employed by brokerage firm LPL Financial LLC has been subject to at least one disclosable event. These events include one customer complaint. 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 settled customer complaint with a damage request of $500,000.00 on December 22, 2021.

Claimants allege registered representative recommended unsuitable non-traded REIT investments.

Previously financial advisor Bradley Goodbred (Goodbred), previously employed by brokerage firm LPL Financial LLC has been subject to at least one disclosable event. These events include one customer complaint. 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 settled customer complaint with a damage request of $1,613,981.30 on January 06, 2022.

Customer alleges that representative caused her to execute a document appointing representative as her power of attorney, and that representative allegedly induced customer to invest in a fraudulent, unregistered security. Activity period 2009 to 2020.

Currently financial advisor Shad Ketcher (Ketcher), currently employed by brokerage firm Wealth Enhancement Brokerage Services, LLC has been subject to at least one disclosable event. These events include one customer complaint. 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 settled customer complaint with a damage request of $100,001.00 on January 06, 2022.

Clients alleges two non-traded REITs purchased were unsuitable.

Previously financial advisor Vincent Mastrovito (Mastrovito), previously employed by brokerage firm J.w. Cole Financial, INC. has been subject to at least 2 disclosable events. These events include 2 customer complaints. 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 award / judgment customer complaint with a damage request of $1,048,281.95 on January 24, 2022.

Client alleged REITs and insurance policy were unsuitable

Currently financial advisor Barbara Ralston (Ralston), currently employed by brokerage firm Kovack Securities INC. has been subject to at least one disclosable event. These events include one customer complaint. 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 settled customer complaint with a damage request of $35,000.00 on January 31, 2022.

Claimant expressed his dissatisfaction related to REIT purchase made approximately seven years ago by a Representative supervised by Ms. Ralston. Arbitration filed claims unsuitability and misrepresentation regarding the REITs.

Currently financial advisor Scott Brannan (Brannan), currently employed by brokerage firm Berthel, Fisher & Company Financial Services, INC. has been subject to at least one disclosable event. These events include one customer complaint. 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 settled customer complaint with a damage request of $100,001.00 on February 15, 2022.

Client is unhappy with purchases of non-traded REITS purchased in 2014 to 2015. The clients have filed for arbitration and allege in 2014  and 2015 the representative improperly recommended the clients invest in a high commission illiquid alternative investment which they allege was misrepresented to them by the representative and was unsuitable for their financial situation, risk tolerance and investment objectives. The clients further allege the firm failed to conduct adequate due diligence and failed to supervise the activities of the representative.

Currently financial advisor Kennister Daley (Daley), currently employed by brokerage firm Allstate Financial Services, LLC has been subject to at least one disclosable event. These events include one customer complaint. 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 settled customer complaint with a damage request of $100,001.00 on February 22, 2022.

SOC Alleges unsuitability, fraud in offer or sale of securities, misrepresentations and omissions of material facts, breach of contract, common law fraud, breach of fiduciary duty and negligence as it relates to the purchase of a non-traded REIT.

On December 1, 2025, the IBTimes published a story covering the controversial commutation of David Gentile, the convicted leader of the massive purported Ponzi scheme spun out of GPB Capital. Gentile had defrauded thousands of investors—raising roughly $1.6 billion on false promises of reliable returns. He began serving a seven-year sentence just two weeks before the commutation granted by Donald Trump released him after only 12 days.

IBTimes quoted me in reaction to the commutation. I said:

“The stories we have heard are heartbreaking. It is simply unbelievable that someone responsible for such widespread investor harm could receive a commutation. This was never about politics. This man belongs in prison.”

The recent decision by Donald Trump to commute the prison sentence of former investment executive David Gentile has reignited national debate over accountability in large-scale financial fraud and the long-term consequences faced by investors. Gentile, a cofounder and former chief executive of GPB Capital, had been sentenced to seven years in prison after his 2024 conviction for orchestrating a wide-ranging fraud that raised approximately $1.6 billion from more than 10,000 retail investors. He reported to prison in mid-November and was released just days later following the commutation.

The case has become a flashpoint not only because of the speed of Gentile’s release, but because of the scope of the harm inflicted on ordinary investors. Federal prosecutors established that GPB Capital falsely represented that investor distributions were funded by operating revenues from portfolio companies, including automotive dealership groups, when in reality a significant portion of distributions came from incoming investor funds. More than a thousand victim impact statements were submitted at sentencing, many describing the loss of retirement savings and lifelong financial security.

Amid the national coverage, Adam Gana, Managing Partner of Gana Weinstein LLP, was quoted by the Daily Mail expressing deep concern over what the commutation symbolizes for fraud victims and the broader investing public. Gana, whose firm represents hundreds of investors harmed by the GPB collapse in arbitration and civil litigation, emphasized that the consequences of such crimes are not political abstractions but permanent financial wounds suffered by real families. He described the stories coming out of the GPB case as heartbreaking and warned that high-profile clemency decisions risk undermining the sense of justice many victims rely upon after years of litigation.

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