Articles Posted in Reg BI

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Matthew Forlano (Forlano), previously associated with Morgan Stanley Smith Barney, has at least one disclosable event. These events include one regulatory, alleging that Forlano recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on September 09, 2024.

The Securities and Exchange Commission (‘Commission’) deems it appropriate that cease-and-desist proceedings be, and hereby are, instituted against Matthew P. Forlano (‘Forlano’ or ‘Respondent’). In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement which the Commission has determined to accept. The commission finds that this proceeding concerns insider trading by Forlano in the securities of Maxar Technologies, Inc. (‘Maxar’) based on material nonpublic information provided to him by his nephew, Stephen A. Forlano Jr. (‘Forlano Jr.’). Forlano Jr. had received the material nonpublic information from his friend Anthony Viggiano (‘Viggiano’) who was employed at a global investment bank (the ‘Investment Bank’). Viggiano, in connection with his employment at the Investment Bank, was notified about a potential acquisition of Maxar by at least November 15, 2022. That same day, Viggiano tipped Forlano Jr. about the acquisition. Forlano Jr., in turn, tipped Forlano. Between December 2 and December 15, 2022, Forlano purchased Maxar securities in his brokerage account and tipped a close friend (the ‘Friend’) who also purchased Maxar securities. On December 16, 2022, a press release announced that Maxar had agreed to be acquired in an all-cash transaction valued at approximately $6.4 billion (the ‘Maxar Deal’) and Maxar’s stock price increased nearly 125%. As a result of their purchases of Maxar securities, Forlano profited by more than $8,000 and the Friend generated a profit of over $10,000. Forlano’s conduct violated Section 10(b) of the Exchange Act and Rule10b-5 thereunder.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Peter Decaprio (Decaprio), previously associated with Thomas Weisel Partners LLC, has at least one disclosable event. These events include one regulatory, alleging that Decaprio recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on August 30, 2024.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted against Peter J. DeCaprio (‘DeCaprio’ or ‘Respondent’). In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement which the Commission has determined to accept. The Commissions finds that it’s complaint alleged that during the period from about July 2020 through late 2023, FlowPoint and DeCaprio misrepresented to investors that the Funds were audited annually by an independent auditor. While FlowPoint and DeCaprio engaged an auditor to audit two of the four Funds, that auditor did not produce any audit reports, and none of the Funds were audited. FlowPoint and DeCaprio did not correct their ongoing misstatements to investors despite knowing that the Funds were not actually audited by the auditor they had engaged. FlowPoint and DeCaprio breached their fiduciary duty to two of the Funds they advised by failing to obtain annual audits for those two Funds, as those Funds’ organizational documents (a limited partnership agreement and limited liability company agreement) required. FlowPoint and DeCaprio were investment advisers to the Funds. By failing to operate those Funds as they were required to be operated, they failed in their duty as investment advisers to those Funds and operated a fraud on the Funds and their investors. They also defrauded investors in the Funds by making material misstatements about audits of the Funds and the identify of their auditor to investors. The Commission’s complaint also alleged that between July 2020 until September 2023 FlowPoint failed to maintain or enforce written policies and procedures regarding the misuse of material nonpublic information and that DeCaprio aided and abetted this violation.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Daniel Madasz (Madasz), previously associated with Multi-financial Securities Corporation, has at least one disclosable event. These events include one regulatory, alleging that Madasz recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on October 02, 2024.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted against Daniel Stephen Madasz (‘Respondent’ or ‘Madasz’). In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement (the ‘Offer’) which the Commission has determined to accept. On the basis of this Order and Respondent’s Offer, the Commission finds that: On December 2, 2020, Madasz pleaded guilty to two counts of securities fraud and one count of acting as an unregistered investment adviser representative and, on February 19, 2021, he was sentenced to twelve months in prison and two years supervised release, and he was ordered to pay $550,000 in restitution. State of Kansas v. Daniel Stephen Madasz, Case No. 2019-CR-2440, December 2, 2020, Tenth Judicial District, District Court of Johnson County, Kansas. Facts presented to the Court at the plea hearing, which were also contained in a Statement of Facts contained in the State’s Response to Defendant’s Motion for Downward Departure and Sentencing Memorandum (‘Sentencing Memorandum’) asserted that during September and October 2014, Madasz transacted business as an investment adviser representative in Kansas without being registered as such in Kansas, as required by Kansas law. The Sentencing Memorandum contained additional facts alleging that while Madasz acted as an investment adviser representative, he recommended that two advisory clients, who resided in Kansas, purchase securities issued by Skytec Security Services LLC (‘Skytec’), an Arizona company which installed security systems, but Madasz did not inform them that Skytec had hired him to find investors for it. One client invested in a two-year $200,000, 10%, promissory note issued by Skytec, and the second investor invested in a $350,000 subscription agreement with Skytec. The Sentencing Memorandum also asserted that Madasz failed to disclose amounts Skytec owed to other investors. According to the Sentencing Memorandum, owners of Skytec embezzled the entire amount invested by the two clients. The Sentencing Memorandum asserted that the clients’ investments were securities and that Madasz’s omissions were material and therefore constituted fraud.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Lavern Bills (Bills), currently associated with Nylife Securities LLC, has at least one disclosable event. These events include one customer complaint, alleging that Bills recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a settled customer complaint on September 09, 2024.

Customer alleges the Variable Annuity policy he purchased in January 2021 was not clearly understood including the limitation to withdraw funds.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Briggs Matsko (Matsko), currently associated with Osaic Wealth, Inc., has at least one disclosable event. These events include one customer complaint, alleging that Matsko recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a pending customer complaint with a damage request of $50,000.00  on August 30, 2024.

Claimant alleges their representative recommended an unsuitable oil and gas program

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Travis Wolfe (Wolfe), currently associated with Ausdal Financial Partners, Inc., has at least one disclosable event. These events include one customer complaint, alleging that Wolfe recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a pending customer complaint with a damage request of $400,000.00  on November 19, 2024.

Customer alleges Violation of Federal Securities laws; Violation of IL consmer fraud and deceptive business practices act; Violation of IL securities laws; Breach of contract; Common law fraud; Breach of fiduciary duty; Negligence and Gross negligence.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Matthew Koelliker (Koelliker), currently associated with Kkr Capital Markets LLC, has at least 2 disclosable events. These events include 2 customer complaints, alleging that Koelliker recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a pending customer complaint with a damage request of $15,032,924.63  on October 04, 2024.

Plaintiff alleges various claims related to sudden decrease in value of Plaintiff’s limited partnership interest and failure to honor in full Plaintiff’s redemption request.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Marc Toomey (Toomey), previously associated with Metlife Securities Inc., has at least one disclosable event. These events include one regulatory, alleging that Toomey recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on December 09, 2024.

The Securities and Exchange Commission (“Commission”) deems it appropriate and in the public interest that public administrative and cease-and-desist proceedings be, and hereby are, instituted against Marc J. Toomey (“Toomey” or “Respondent”). In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement which the Commission has determined to accept. The commission finds that This proceeding arises from an oil and gas offering fraud in which, between at least October 2018 and December 2021, The Heartland Group Ventures, LLC (“Heartland Group Ventures”), Heartland Production and Recovery LLC (“Heartland Production”), six other Heartland-affiliated entities, and four Heartland-affiliated individuals (collectively, “Heartland”), raised approximately $122 million from more than 700 investors nationwide through five fraudulent and unregistered securities offerings for which there was no applicable registration exemption (“Heartland Offerings”). Between April 2020 and December 2021 (the “relevant time period”), Toomey acted as an unregistered broker-dealer on behalf of Heartland in connection with two of its unregistered securities offerings. Toomey raised approximately $6,872,460.00 for the Heartland Offerings through the offer and sale of unregistered securities to 15 individual investors, both directly and indirectly through three “feeder funds,” companies that Toomey wholly owned and controlled. Toomey, among other things, solicited investors directly and indirectly to invest in certain Heartland Offerings, provided advice to investors relating to the Heartland Offerings, assisted investors in completing investment documents, assisted investors in transferring their funds to Heartland, and received transaction-based compensation from Heartland for those sales. Toomey was not registered as a broker-dealer with the Commission or associated with a registered broker-dealer during the relevant time period. As a result of his conduct, Toomey willfully violated Sections 5(a) and 5(c) of the Securities Act and Section 15(a)(1) of the Exchange Act.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Dehaven Becker (Becker), currently associated with Steward Partners Investment Solutions, LLC, has at least one disclosable event. These events include one customer complaint, alleging that Becker recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a pending customer complaint with a damage request of $34,784.29  on November 21, 2024.

The client alleged details of annuity were not disclosed.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Christopher Arnella (Arnella), currently associated with Morgan Stanley, has at least one disclosable event. These events include one regulatory, alleging that Arnella recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on October 08, 2024.

On September 5, 2024, without admitting or denying the findings, Arnella entered into an Acceptance, Waiver and Consent (‘AWC’) with FINRA wherein Arnella consented to the entry of findings that between June 2017 and June 2020, Arnella made promissory and unwarranted statements to the public and firm customers about a publicly traded company, as well as statements that predicted performance of the company’s stock, including publicly posting his opinion about what he expected the future stock price to be by the end of 2018, and stating to two firm customers in writing that there was a ‘100 percent’ chance that the company’s loss in a patent litigation trial would be overturned. Arnella agreed to a one-month suspension from associating with any FINRA member in all capacities and to the payment of a fine in the amount of $5,000.

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