Articles Posted in Investment Lawyer

shutterstock_183752831-300x225According to records kept by The Financial Industry Regulatory Authority (FINRA) financial advisor Anthony Gallea (Gallea) has at least four disclosable event.  The four events are customer complaints alleging that Gallea engaged in some form of investment related misconduct in the handling of the client’s accounts.  Gallea is currently employed by Morgan Stanley.  Gallea’s customer complaints alleges that Gallea recommended unsuitable investments in a complex options trading strategy among other allegations and complaints.

In May 2022 a customer complained that Gallea violated the securities laws by alleging that Gallea unsuitability with respect to option trading strategy implemented in the account from 2018 through 2022.  The claim is currently pending.

In April 2022 a customer complained that Gallea violated the securities laws by alleging that Gallea unsuitability with respect to option trading strategy implemented in the account from 2019 through 2021.  The claim is currently pending.

An option is a contract that allows an investor to buy or sell an underlying security at a predetermined price over a certain period of time.  Buying an option that allows you to buy shares at a later time is called a “call option,” and buying an option that allows you to sell shares at a later time is called a “put option.”  Options are considered derivative securities because their price is derived from the value of the securities or other underlying instruments.  The value change in options as they approach expiration is what is called time decay – meaning their value decays over time as expiration nears.  Accordingly, an options trading strategy involving many options trades needs to be managed closely.  Due to the risks of trading options FINRA has special rules and requirements related to their trading and to qualify investors for options trading.

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shutterstock_80511298-300x218The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Thomas Bradley Kintz (Kintz), currently employed by T3 Trading Group, LLC (T3 Trading) and formerly with Benjamin F. Edwards & Company, Inc. (Benjamin F. Edwards) has been subject to at least one  customer complaint during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Kintz’s customer complaint alleges that Kintz recommended unsuitable investments in various investments among other allegations of misconduct relating to the handling of their accounts.

In January 2021, a customer complained that Kintz violated the securities laws by alleging that Kintz engaged in unsuitable investment advice regarding exchange traded products. Further, the claim alleges Kintz engaged in unauthorized and excessive trading. The damage amount requested was $100,000. The claim settled in the amount of $65,000.

Additionally, Kintz was involved in three financial actions. In December 2015, the financial action was compromised and discharged. In August 2013, the financial action was compromised and discharged. In May 2013, the financial action was satisfied and released.

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shutterstock_836360-300x225The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Serge Parakhnevich, currently employed by PHX Financial, Inc. (PHX), has been subject to at least three customer complaints and one regulatory sanction in his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Parakhnevich customer complaints allege that Parakhnevich engaged in unsuitable investment practices and excessive trading, among other allegations made by customers.  Also, the regulatory sanction claims that Parakhnevich fraudulently traded in the account of a customer without approval.

In August 2020, FINRA made findings in a consent order that Parakhnevich violated the securities laws by executing trades in a customer’s accounts without the customer’s prior written authorization or his member firm’s approval of the account as discretionary. The findings stated that Parakhnevich completed and submitted firm compliance questionaries wherein he falsely answered questions related to whether he handled customer accounts on a discretionary basis. Without admitting or denying the findings, Parakhnevich consented to the sanctions. Parakhnevich was issued a $7,500 fine along with all his registration capacities being suspended for forty-five days.

In April 2020, a customer complained that Parakhnevich violated the securities laws by alleging that Parakhnevich engaged in unsuitable investment practices. The claim alleges $249,281 in damages and is pending.

In August 2015, a customer complained that Parakhnevich violated the securities laws by alleging that Parakhnevich engaged in unauthorized trading, excessive trading, and churning. The claim alleged $100,000 and was denied.

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shutterstock_175993865-300x225The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that David John Melilli (Melilli), formerly employed by Capstone Financial LLC, has been subject to at least three customer complaints during his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Melilli’s customer complaints allege that Melilli engaged in unauthorized trading and recommended unsuitable investments.

In April 2021, FINRA made a preliminary determination to recommend that disciplinary action be brought against Melilli for various allegations. These include unsuitable and excessive trading in customer accounts, using discretion without written authorization in customer accounts, unauthorized trading in the account of a deceased customer, forging customer signatures on account documents and causing member firm to maintain inaccurate books and records, sending written communication entitled “Writing Covered Calls” to customer without obtaining prior approval from member firm and use of a misleading communication with a customer, using text messages to conduct securities related business in violation of applicable firm policies and causing firms to fail to maintain accurate books and records, and opening and maintaining multiple outside securities accounts without the prior consent of member firms. Investigation is pending concerning these allegations.

In September 2020, a customer complained that Melilli violated the securities laws by alleging that Melilli engaged in authorized trading. The claim alleges $5,000 in damages and is currently pending.

Also in September 2020, a customer complained that Melilli violated the securities laws by alleging that Melilli made risky investments that were not fully understood and that management fees may not have been assessed correctly. The claim was denied.

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shutterstock_29356093-300x214The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Jeffrey Rand Miller (Miller), currently employed by American Portfolios Financial Services, Inc. (American Portfolios Financial Services) has been subject to at least three customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Mr. Miller’s customer complaints alleges that Mr. Miller recommended unsuitable investments in various investments including allegations involving alternative investments, among other allegations of misconduct relating to the handling of their accounts.

In July 2020, a customer complained that Mr. Miller violated the securities laws by alleging that Mr. Miller engaged in unsuitable investment advice, material misrepresentations, negligence breach of fiduciary duty, and breach of contract. The claim alleged $125,000 in damages and was withdrawn.

In December 2019, a customer complained that Mr. Miller violated the securities laws by alleging that Mr. Miller engaged in unsuitable investment advice, breach of fiduciary duty, negligent supervision, and material misrepresentations. The claim alleges $125,000 in damages and is currently pending.

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shutterstock_145123405-200x300The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Matthew Steven Gaer (Gaer), currently employed by Aegis Capital Corporation (Aegis) has been subject to at least two  customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Gaer’s customer complaints alleges that Gaer recommended unsuitable investments in various investments, among other allegations of misconduct relating to the handling of their accounts.

In April 2020, a customer complained that Gaer violated the securities laws by alleging that Gaer engaged in breach of fiduciary duty, and breach of contract.  The damage amount requested was $150,000. The claim was later withdrawn.

In September 2019, a customer complained that Gaer violated the securities laws by alleging that Gaer engaged in unsuitable investment advice within the customer’s retirement account. The damage amount requested was $50,000. The claim settled in the amount of $14,999.

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shutterstock_102217105-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Siddharth Reddy (Reddy), recently employed by Paulson Investment Company LLC (Paulson Investment Company) has been subject to at least three  customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Mr. Reddy’s customer complaints alleges that Mr. Reddy recommended unsuitable investments in various investments, among other allegations of misconduct relating to the handling of their accounts. Mr. Reddy is no longer registered as a broker.

In September 2013, a customer complained that Mr. Reddy violated the securities laws by alleging that Mr. Reddy engaged in unsuitable investment advice. The claim settled in the amount of $200,000.

In September 2013, a customer complained that Mr. Reddy violated the securities laws by alleging that Mr. Reddy engaged in unsuitable investment advice, breach of fiduciary duty, breach of contract, and material misrepresentations.  The claim settled in the amount of $55,000.

In September 2012, a customer complained that Mr. Reddy violated the securities laws by alleging that Mr. Reddy engaged in unsuitable investment advice, breach of fiduciary duty, breach of contract, and material misrepresentations. The claim settled in the amount of $150,000.

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shutterstock_50740552-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Gregory Collier Sr. (Collier), currently employed by Raymond James Financial Services, Inc. (Raymond James Financial Services) has been subject to at least two customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Mr. Colliers’s customer complaints alleges that Mr. Collier recommended unsuitable investments in various investments among other allegations of misconduct relating to the handling of their accounts.

In December 2019, a customer complained that Mr. Collier violated the securities laws by alleging that Mr. Collier engaged unauthorized trading.  The claim settled in the amount of $200,000.

In July 2019, a customer complained that Mr. Collier violated the securities laws by alleging that Mr. Collier engaged in unsuitable investment advice, and poor portfolio management.  The claim requested $25,000 in damages. The claim was denied.

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shutterstock_180341738-200x300The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Joseph Gebron (Gebron) currently employed by SW Financial has been subject to at least seven customer complaints, one employment termination for cause, and one criminal matter during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Gebron’s customer complaints alleges that Gebron recommended unsuitable investments in various investments. Allegations involving common and preferred stocks, and private placement securities, among other allegations of misconduct relating to the handling of their accounts.

In January 2013, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unauthorized trading, misleading representations, and omissions. The claim alleges $820,000 in damages and is currently pending.

In February 2012, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in negligence, breach of fiduciary duty, and breach of contract. The claim settled in the amount of $47,500.

In May 2011, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unsuitable investment advice, violation of common law fraud, breach of fiduciary duty, and negligence.  The claim settled in the amount of $45,000.

In November 2009, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unsuitable investment advice, negligence, and breach of fiduciary duty. The claim settled in the amount of $50,000.

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shutterstock_1081038-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that former broker Martin Batstone (Batstone), barred from acting as a broker from FINRA, has been subject to at least six customer complaints and two regulatory actions during the course of his career. Batstone was most recently associated with Newbridge Securities Corporation (Newbridge). According to records kept by The Financial Industry Regulatory Authority (FINRA), Batstone’s customer complaints alleges that Batstone recommended unsuitable investments in various investments including allegations involving private securities, annuities, mutual funds, and REITs, among other allegations of misconduct relating to the handling of their accounts.

In October 2019, FINRA filed a regulatory action finding that Batstone consented to sanctions. Batstone was a respondent in a FINRA complaint. The complaint alleged that Batstone willfully violated Section 10(b) of the Securities Exchange act of 1934, and Rule 10b-5(a)-(c), and FINRA Rule 2010, by transferring client funds into his personal bank accounts. FINRA has barred Batstone from acting as a broker or otherwise being associated with a broker-dealer firm, starting February 2020.

In October 2017, a customer complained that Batstone violated the securities laws by alleging that Batstone engaged in unsuitable investment advice, due to the purchase of two annuities unsuitable for the client based on her risk tolerance.  The claim settled in the amount of $5,000.

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