Articles Posted in Securities Arbitration

shutterstock_34872913-300x209According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) broker Wenjinn Chang (Chang), currently associated with Independent Financial Group, LLC (IFG), has been subject to at least two customer complaints during his career.  Those complaints against Chang allege that Chang recommended unsuitable investments in various investments among other allegations of misconduct relating to the handling of their accounts.

In February 2020, a customer complained that Chang violated securities laws by alleging that Chang engaged in negligent investment advice, breach of fiduciary duty, breach of contract, and fraud. The claim alleged $128,000 in damages and settled for $85,000.

In October 2018, a customer complained that Chang’s recommendations of an over-concentration in non-traded REIT’s was unsuitable. The claim alleged $50,000 in damages. The claim settled for $32,500.

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shutterstock_71240-300x183According to records kept by The Financial Industry Regulatory Authority (FINRA) financial advisor Kirk Badii (Badii) has at least eight disclosable events.  These events include six customer complaints alleging that Badii engaged in some form of investment related misconduct in the handling of the client’s accounts.  In addition, Badii has been terminated for cause by two firms.  Badii is currently employed by Independent Financial Group, LLC (Independent Financial).  Badii’s customer complaints alleges that Kemp recommended unsuitable investments in different investment products including alternative investments among other allegations and complaints.

In December 2021 a customer complained that Badii violated the securities laws by alleging that Badii made unsuitable investment recommendations to an elderly homemaker, mismanaged her accounts by recommending alternative investments that were unsuitable. The Claimant states that credit lines were established to qualify the Claimant for those alternative investment purchases as well as using those credit lines to make distributions to Claimant’s family which family believed to be from income generated from investments.  Additional accounts were alleged to be established that contained concentrated unsuitable investments and that trading was made in these accounts on a discretionary basis without being approved for discretionary trading specific to reverse convertible securities. The investor alleged damages of $3 million and the claim is currently pending.

In August 2018 UBS terminated Badii alleging that he was discharged after firm review found that FA: (i) violated firm’s social media policy and blocked management’s ability to monitor his social media and (ii) violated firm’s KYC/AML policy in connection with the onboarding of certain clients and prospects.

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shutterstock_145368937-300x225The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Michael Christopher Martino (Martino), currently employed by Four Points Capital Partners LLC (Four Points Capital Partners) has been subject to at least six customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Martino’s customer complaints alleges that Martino recommended unsuitable investments in various investments among other allegations of misconduct relating to the handling of their accounts, including fraud and misrepresentation.

In June 2020, a customer complained that Martino violated the securities laws by alleging that Martino engaged in unsuitable investment advice involving unsuitable concentrations, along with unreasonable commissions. The complaint also alleged that Martino failed to know the customer. The claim alleges $543,163 in damages and is currently pending.

In February 2020, a customer complained that Martino violated the securities laws by alleging that Martino engaged in mismanagement of customer accounts.  The claim alleges $107,038 in damages and is currently pending.

In January 2020, a customer complained that Martino violated the securities laws by alleging that Martino provided poor advice which caused the customer losses. The damage amount requested was $200,000. The claim settled in the amount of $14,900.

In January 2014, a customer complained that Martino violated the securities laws by alleging that Martino engaged in unsuitable investment advice. The damage amount requested was $100,000. The claim settled in the amount of $14,500.

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shutterstock_71403175-300x225The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Travis Justin Lippman, formerly employed by Primary Capital, LLC and now with Spartan Capital Securities, has been subject to at least four customer complaints during his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Lippman customer complaints allege that Lippman engaged in unsuitable investment practices.

In July 2021, a customer complained that Lippman violated the securities laws by alleging that Lippmann engaged in unsuitable trading. The claim alleges $853,231.33 in damages and is currently pending.

In January 2020, a customer complained that Lippman violated the securities laws by alleging that Lippman breached his fiduciary duty to his customer, recommended unsuitable investments, and engaged in misrepresentation and negligence. The claim settled in the amount of $90,000.

In August 2019, a customer complained that Lippman violated the securities laws by alleging that Lippman engaged in unsuitable trading. The claim alleged $200,000 in damages but was withdrawn.

In May 2017, a customer complained that Lippman violated the securities laws by alleging that Lippman engaged in unsuitable trading and is liable for misrepresentation. The claim alleged $34,000 in damages but was denied.

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shutterstock_177082523-243x300The attorneys at Gana Weinstein LLP have reviewed BrokerCheck records reports that broker Erik Drewes (Drewes), currently employed by American Capital Partners LLC, has been subject to at least three customer complaints during his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Drewes’s customer complaints allege that he participated in churning and failed to perform adequate due diligence on REIT investments.  However, these complaints have been expunged from Drewes’ record under FINRA’s notoriously flawed expungement procedures.  The expunged complaints are as follows:

In April 2020, a customer complained that Drewes violated securities laws by alleging that Drewes failed to do adequate due diligence on a REIT before investing in it. The claim settled in the amount of $14,900.

In November 2014, a customer complained that Drewes violated securities laws by alleging Drewes engaged in unsuitable investment advice and churning. The claim settled in the amount of $110,000.

In April 2008, a customer complained that Drewes violated securities laws by alleging Drewes failed to supervise in relation to unauthorized and excessive trading. The claim settled in the amount of $12,795.

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shutterstock_183549914-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Christopher Miller (Miller), currently employed by Emerson Equity LLC (Emerson Equity) has been subject to at least two customer complaints during the course of his career.  One of those complaints appears to have been expunged through FINRA’s notoriously flawed expungement process.  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 private placements and real estate securities, among other allegations of misconduct relating to the handling of their accounts.

In February 2020, a customer complained that Mr. Miller violated the securities laws by alleging that Mr. Miller engaged in financial elder abuse, involving a 1031 exchange investment. The claim alleges $292,000 in damages.  This complaint was subsequently expunged from Mr. Miller’s record.

In October 2019, a customer complained that Mr. Miller violated the securities laws by alleging that Mr. Miller engaged in the sale of unsuitable securities, breach of fiduciary duty, and financial elder abuse. The claim settled in the amount of $57,000.

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shutterstock_189006551-207x300The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Daniel Pimental (Pimental), most recently employed by Wells Fargo Advisors Financial Network, LLC (Wells Fargo) has been subject to at least three customer complaints during the course of his career. Mr. Pimental is no longer a registered broker. According to records kept by The Financial Industry Regulatory Authority (FINRA), Mr. Pimental’s customer complaints alleges that Mr. Pimental recommended unsuitable investments in various investments including allegations involving mutual funds, options, and over-the-counter securities, among other allegations of misconduct relating to the handling of their accounts.

In January 2020, a customer complained that Mr. Pimental violated the securities laws by alleging that Mr. Pimental engaged in unsuitable investment advice, unauthorized trading, and churning of the customer’s accounts. The claim is currently pending.

In May 2008, a customer complained that Mr. Pimental violated the securities laws by alleging that Mr. Pimental engaged in unsuitable investment advice. The claim settled in the amount of $14,138.

In March 2002, a customer complained that Mr. Pimental allegedly played a role in the substantial aggregate net loss in their technology stocks. The claim settled in the amount of $700,000.

Brokers are required under the securities laws to treat their clients fairly.  This obligation includes the duties to disclose material risks of the investments they recommend and to present products, particularly complex or confusing products, in a fair and balanced manner that allows the client to evaluate the recommendation.  Another important obligation advisors have is to make only suitable recommendations for investments to the client.  There are many investments that are not appropriate for the majority of investors or for certain investors given their risk tolerance, age, and other factors.  Advisors should not present these investment options to clients.  There are two screens that advisors must employ to determine whether an investment is suitable for a client.  First, there must be a reasonable basis for the recommendation – meaning that the product has been investigated and due diligence conducted into the investment’s features, benefits, risks, and other relevant factors.  The advisor must conclude that the investment is suitable for at least some investors and some securities may be suitable for no one.  Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

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shutterstock_177792281-300x198Advisor David Bibo (Bibo), currently employed by brokerage firm Western International Securities, Inc. (Western International) has been subject to at least four customer complaints, one termination for cause, and two criminal matters during the course of his career.  According to a BrokerCheck report several of the customer complaints concern 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.

In September 2020 a customer complained that Bibo violated the securities laws by alleging that Bibo made misleading recommendations and unsuitable recommendations in alternative investments.  The claim alleges $300,000 damages, and is currently pending.

In December 2019 a customer complained that Bibo violated the securities laws by alleging that Bibo made unsuitable recommendations in alternative investments.  The claim alleges $1,500,000 damages, and is currently pending.

In May 2019 a customer complained that Bibo violated the securities laws by alleging that Bibo made an unreasonable investment.  The claim alleges $50,000 damages and was denied by the firm.

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shutterstock_102217105-300x200Advisor Conrad Corcoran (Corcoran), currently employed by brokerage firm Centaurus Financial, Inc. has been subject to at least four customer complaints during the course of his career.  According to a BrokerCheck report the two most recent customer complaints filed in 2020 concern 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.

In July 2020 a customer complained that Corcoran violated the securities laws by alleging that Corcoran made investments where the documentation for their investments contained incorrect personal information and that certain initials/signatures were not theirs. The claim involves a real estate security, alleged damages, and is currently pending.

DDPs include products such as non-traded REITs, oil and gas offerings, equipment leasing products, and other alternative investments.  These alternative investments virtually never profit investors and are almost always unsuitable for investors because of their high fee and cost structure.  Brokers selling these products are paid additional commission in order to hype these inferior quality investments providing a perverse incentives to create an artificial market for the investments.

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.  Because investors are not compensated with additional return in exchange for higher risk and illiquidity, these kinds of alternative investment products are rarely, if ever, appropriate for investors.  Continue Reading

shutterstock_171721244-300x200The law offices of Gana Weinstein LLP are currently investigating claims that advisor Peter Ianace (Ianace) has been accused by The Financial Industry Regulatory Authority (FINRA) of engaging in undisclosed outside business activities (OBAs).  According to records kept by FINRA Ianace was employed by Wells Fargo Clearing Services, LLC (Wells Fargo) and Merrill Lynch Pierce, Fenner & Smith Incorporated (Merrill Lynch) through June 2020 when he abruptly resigned when he refused to cooperate in FINRA’s investigation over these allegations.  If you have been a victim of Ianace’s alleged misconduct our firm may be able to assist you in recovering funds.

According to FINRA, the regulatory barred Ianace after he consented to the sanction that he refused to provide documents and information requested by FINRA in connection with its investigation into his potential failure to disclose outside business activities (OBAs) to his member firm.

Ianace’s BrokerCheck also reveals four customer complaints.  The most recent allegation in January 2021 alleges unsuitable investment recommendations and misrepresentations from February 2013 until December 2019 and claims $18 million in damages.  The claim is currently pending.

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