Articles Posted in Investment Lawyer

shutterstock_92699377-300x285The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor William Baum (Baum), currently employed by Great American Investors, Inc. (Great American) was has been subject to at least eight customer complaints and one regulatory action during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Baum’s customer complaint alleges that Baum recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In July 2017 FINRA brought a regulatory action against Baum that he settled consenting to findings that he sent 58 text messages relating to his securities business – including messages about investment strategies and specific securities – to sixteen customers over the course of a year. FINRA found that Baum prevented his member firm from supervising those communications, violated the firm’s policy about business correspondence, and contradicted his attestation that he would use his firm’s email system for all business correspondence and retain all correspondence with customers for the firm’s review.

In September 2019 a customer complained that Baum violated the securities laws by alleging that Baum engaged in sales practice violations over the period of 2014 through 2017 by failing to recommend appropriate investments, disclose all conflicts of interest and fully inform claimants about the associated risks. The claim alleges $87,000 in damages and the case settled for $20,000.

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shutterstock_112866430-300x199Advisor Yvonne Silguero (Silguero), currently employed by LPL Financial LLC (LPL Financial) has been subject to at least two customer complaints during the course of her career.  According to a BrokerCheck report the customer complaints concerns alternative investments such as direct participation products (DPPs) like non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs.  The attorneys at Gana Weinstein LLP have represented dozens of investors who suffered losses caused by these types of high risk, low reward products.

In August 2019 a customer complained that Silguero violated the securities laws by alleging that Silguero engaged in sales practice violations related to negligence, misrepresentations, breach of fiduciary duty from July 2014 through October 2018 concerning alternative investments. The claim alleges $500,000 in damages and is currently pending.

In April 2017 a customer complained that Silguero violated the securities laws by alleging that Silguero engaged in sales practice violations related to violations of the Texas State Securities Statutes, negligent misrepresentations, unsuitable investment recommendations and violations of the FINRA Rules.  The claim alleged $3,759,713 in damages and went to hearing.  The arbitration panel found LPL Financial liable and awarded $864,839 in damages, $340,000 in attorneys’ fees, and $350,000 in additional damages.

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shutterstock_180342179-300x200According to BrokerCheck records financial advisor Timothy Atyeo (Atyeo), currently employed by Oppenheimer & Co. Inc. (Oppenheimer), has been subject to at least four customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA) Atyeo has been accused by multiple customers of unsuitable investment advice concerning various investment products including energy stocks most likely including master limited partnerships (MLPs).  The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to recommendations to investor in oil and gas and commodities related investments.

In July 2019 a customer filed a complaint alleging that Atyeo violated the securities laws by engaging in, among other violations, negligence, breach of fiduciary duty, misrepresentations, and over concentration and speculative trading in the energy sector.  The claim alleges $1,100,000 in damages and is currently pending.

In June 2017 a customer filed a complaint alleging that Atyeo violated the securities laws by engaging in, among other violations, too much risk and lack of diversification from 2014 through 2017 causing $4,000,000 in damages.  The claim was denied by the firm.

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shutterstock_156972491-300x198The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor James Crosson (Crosson), currently employed by Lincoln Financial Securities Corporation (Lincoln Financial) and formerly with Voya Financial Asvisors, Inc. (Voya Financial) has been subject to at least four customer complaints, and one termination for cause.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Crosson’s customer complaints alleges that Crosson recommended unsuitable investments in a stock called Castle Brands (Ticker Symbol: ROX) among other allegations of misconduct relating to the handling of their accounts.

Castle Brands purports to be a developer and international marketer of premium and super premium beverage alcohol brands including rum, whiskey/bourbon, liqueurs, vodka and tequila, which are marketed and sold in the United States, Canada, Europe, Latin America and Asia.  The stock appears to be a risky penny stock with a market capitalization of little more than $200 million.

In July 2019 a customer complained that Crosson violated the securities laws by alleging that the risks associated with purchasing Castle Brands stock was misrepresented and the amount invested in the stock was excessive.  The claim alleges $85,000 in damages and settled for $11,196.

In July 2019 a customer complained that Crosson violated the securities laws by alleging that the risks associated with purchasing Castle Brands stock was misrepresented.  The claim alleges $39,703 in damages and is currently pending.

In April 2019 Crosson was discharged from Voya Financial after the firm alleged that Crosson discussed one customer’s complaint with another customer.

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shutterstock_94332400-300x225According to BrokerCheck records financial advisor Kerry Moy (Moy), currently employed by Western International Securities (Western International) has been subject to at least five customer complaints and one employment termination for cause.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Moy’s customer complaints allege that Moy recommended unsuitable securities recommendations and misrepresented investments among other allegations of misconduct in the handling of customer accounts.

In May 2019 Moy’s former employer Morgan Stanley Smith Barney, LLC (Morgan Stanley) discharged Moy alleging that he submitted inaccurate information for business expenses, his submission of inaccurate and incomplete information about outside restaurant-related business activities, and his use of firm resources for those outside activities.  In response Moy claims to have “filed a multi-million dollar claim against Morgan Stanley for its wrongful termination of my employment.”

In December 2018 a customer complained that Moy violated the securities laws by alleging that the investments were misrepresented from 2015 to 2018. The claim seeks $14 million in damages and is currently pending.

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shutterstock_152933045-300x200The law offices of Gana Weinstein LLP are investigating broker Marc Korsch (Korsch), currently associated with Centaurus Financial, Inc. (Centaurus Financial) out of Sarasota, Florida and Port Charlotte, Florida.  According to a BrokerCheck report, Korsch has been subject to at least three customer disputes, one financial disclosure, and one criminal matter during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), the customer complaints against Korsch concern allegations of unsuitable investment recommendations and misrepresentations.

In June 2019 a customer alleged that from August 2014 through May 2019, Korsch misrepresented the features of real estate securities and provided misleading information causing $53,000 in damages.  This dispute is currently pending.

In April 2018 a customer alleged that Korsch made an unsuitable recommendation of annuity switches.  The claim alleged $55,000 in damages and settled for $8,000.

In February 2017 a customer filed a complaint alleging that Korsch and his previous member firm, Trustmont Financial Group, Inc. (Trustmont Financial), violated the securities laws by, among other things, engaging in common law fraud, unsuitable investments, failure to supervise, and misrepresentations causing $500,000 in damages.  The FINRA arbitration panel ordered Trustmont Financial to pay the customer $848,002 in compensatory damages, $100,000 in punitive damages, $15,596 in costs, and $82,500 in attorneys fees.

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shutterstock_7947664-300x200The law offices of Gana Weinstein LLP are investigating claims against advisor Lloyd Johnston (Johnston).  According to records kept by The Financial Industry Regulatory Authority (FINRA), Johnston, formerly registered with Capital Financial Services, Inc. (Capital Financial) out of Spokane, Washington was barred from the financial industry.  According to a BrokerCheck report,  Johnston has been subject to at least two customer complaints, four regulatory actions, two investigations, one bankruptcy disclosure, one termination, and 15 tax liens.  Johnston’s customer complaints allege that Johnston engaged in unsuitable sales of alternative investments and direct participation products (DPPs) such as non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs.  The attorneys at Gana Weinstein LLP have handed many cases with these types of investments causing investor losses.

In September 2018 Johnston failed to disclose or timely disclose tax liens with a balance exceeding $1,000,000 and violated the terms of a Conditional Registration Order, which resulted in the revocation of his license.  Large tax liens on a broker’s CRD can be a red flag that the broker may be influenced to engage in high commission activity in order to satisfy personal debts.  In addition, a broker’s inability to manage their own finances is relevant in a customer’s decision to use their services.

In May 2018 Johnston failed to respond to FINRA’s request for information and was suspended indefinitely.

In May 2018 a customer alleged that Johnston’s sales of alternative investments were unsuitable to the customer’s investment needs.  The exact amount of damages cannot be determined.  The claim settled for $35,000.

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shutterstock_154554782-300x200The attorneys at Gana Weinstein LLP are reporting on advisor Thomas Gerard Murray (Murray) currently employed by FSC Securities Corporation (FSC Securities) out of Hartsdale, New York.  According to a BrokerCheck report, Murray has been subject to at least one customer dispute and one bankruptcy cause during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Murray’s customer complaint concerns allegations of unsuitable investments.

In February 2018 a customer alleged that Murray engaged in unsuitable investments of oil & gas programs causing $210,000 in damages.  The claim settled for $48,000.

In March 2012 Murray declared bankruptcy.  Information on financial matters such as bankruptcies and tax liens has been found to be material for investors to have because an advisor who cannot manage his own finances is a relevant factor for investors to consider.  In addition, a broker in financial distress may be influenced to recommend high commission products or strategies.

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shutterstock_102217105-300x200According to BrokerCheck records financial advisor John Busco (Busco), currently employed by Laidlaw & Company (UK) Ltd. (Laidlaw) and previously with Morgan Stanley has been subject to at least 11 customer complaints and one regulatory action during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Busco’s customer complaints allege that Busco recommended unsuitable securities recommendations in a variety of products including alternative investments among other allegations of misconduct in the handling of customer accounts.

In March 2019 a customer filed a complaint alleging that Busco violated the securities laws by, among other things, that Busco made unsuitable investments in alternative investments from 2009 through 2018 causing damages.  The claim is currently pending.

In April 2011 a customer filed a complaint alleging that Busco violated the securities laws by, among other things, that Busco made unsuitable investments in Fannie Mae and Freddie Mac causing $120,000 in damages.  The claim settled for $40,000.

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shutterstock_113632177-300x249According to BrokerCheck records financial advisor Peter Goffin (Goffin), currently employed by Newbridge Securities Corporation (Newbridge Securities) has been subject to at least nine customer complaints and one regulatory action during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Goffin’s customer complaints allege that Goffin recommended unsuitable securities recommendations in a variety of products including alternative investments among other allegations of misconduct in the handling of customer accounts.

In March 2019 a customer filed a complaint alleging that Goffin violated the securities laws by, among other things, that Goffin breached his fiduciary duty and was negligent in the sale of alternative investments causing $150,000 in damages.  The claim is currently pending.

In January 2012 a customer filed a complaint alleging that Goffin violated the securities laws by, among other things, that Goffin made unsuitable investments in a variable annuity causing $30,000 in damages.  The claim was denied.

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