Securities Lawyer

Broker Investigation: National Securities Advisor Christopher Bond

February 3, 2017 | by Staff Attorney

Our securities fraud attorneys are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against Christopher Bond (Bond) currently associated with National Securities Corporation alleging Bond engaged in a number of securities law violations including that the broker made unsuitable investments and unauthorized trading among other claims. According to BrokerCheck, Bond currently has two customer complaints, three criminal matters, and one judgement / lien.

In October 2016, Bond was charged with criminal mischief in the third degree. Prior to that, in September 2016 a customer complained that Bond provided unsuitable investment advice resulting in $546,735 in damages. The claim is currently pending.

In March 2016, a tax lien was filed against Bond for $80,000. A broker’s inability to handle their personal finances has also been found to be relevant in helping investors determine if they should allow the broker to handle their finances.

Broker Samuel Koltun Accused of Selling Unsuitable Puerto Rico Bonds

January 30, 2017 | by Staff Attorney

Our securities fraud attorneys are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against Samuel Koltun (Koltun) currently associated with RBC Capital Markets, LLC (RBC) alleging unsuitable investments in Puerto Rico municipal bonds among other claims. According to brokercheck records Koltun has been subject to six customer complaints and one regulatory action.

Puerto Rico municipal bonds are speculative investments based upon the deteriorating finances of the island. Many brokers have been accused of peddling these bonds in large concentrations to clients. In September 2016 a customer filed a complaint against Koltun alleging over concentration in Puerto Rico bonds from 2012 through 2015. The claim alleges $80,000 in damages and is currently pending. In another complaint filed in April 2016, the customer alleges $260,000 caused by overconcentration in Puerto Rico municipal bonds. The claim is currently pending.

Brokers in the financial industry have the fundamental responsibility to treat investors fairly. This obligation includes making only suitable investments for their client. The suitable analysis has certain requirements that must be met before the recommendation is made. First, there must be reasonable basis for the recommendation for the investment based upon the broker’s and the firm’s investigation and due diligence. Common due diligence looks into the investment’s properties including its benefits, risks, tax consequences, the issuer, the likelihood of success or failure of the investment, and other relevant factors. Second, if there is a reasonable basis to recommend the product to investors the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives. These factors include the client’s age, investment experience, retirement status, long or short term goals, tax status, or any other relevant factor.

Financial Advisor John Crook Subject to a $4.8 Million Customer Complaint

December 3, 2016 | by Staff Attorney

Our investment attorneys are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against financial advisor John Crook (Crook) currently registered with Prospera Financial Services, Inc. (Prospera), alleging unsuitable investments, fraud, breach of fiduciary duty, negligence, churning, and unauthorized trading among other claims. According to brokercheck records Crook has been subject to two customer complaints and one employment separation for cause.

In July 2015 Crook was discharged by Raymond James & Associates, Inc. (Raymond James) after the firm stated that it lost confidence in Crook after an internal review into a client compliant lead the firm to believe that Crook did not provide plausible explanations to the investigation.

In August 2016 a customer filed $4.8 million complaint involving Crook’s conduct and alleging violations of the securities law. The claim is still pending.

Financial Advisor Joseph Thurnherr Subject to Multiple Customer Complaints

November 21, 2016 | by Staff Attorney

Investment attorneys at Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against Joseph Thurnherr (Thurnherr) alleging unsuitable investments, fraud, churning, breach of fiduciary duty, and unauthorized trading among other claims. According to brokercheck records Thurnherr has been subject to five customer complaints, and one judgment/lien.

In November 2014, Thurnherr received a tax lien in the amount of $27,663. A broker’s inability to handle their personal finances has also been found to be relevant in helping investors determine if they should allow the broker to handle their finances.

In June 2016 a customer filed a complaint alleging that Thurnherr overconcentrated their account causing $93,624 in losses. The claim is currently pending.

Broker Spotlight: Customers File Complaints Against Aegis Capital Broker Nicholas Tsikitas

September 7, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints against broker Nicholas Tsikitas (Tsikitas). According to BrokerCheck records Tsikitas has been subject to at least five customer complaints and three regulatory sanctions. The customer complaints against Tsikitas allege securities law violations that including unsuitable investments, churning, overconcentration of investments, negligence, and failure to supervise among other claims.

The most recent complaint was filed in October 2014, and alleged $851,988 in damages due to claims that the broker, from 2008 through 2010 made unsuitable investments and recommendations to the client.

In 2011 the State of Connecticut censured Nicholas Tsikitas following allegations he caused the filing of certain documents “that were materially false or misleading.”

Investors File Unsuitable Gold and Commodities Related Investment Complaints Against Advisor Bradley Ross

September 6, 2016 | by Staff Attorney

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. Customers have recently filed about five complaints with the Financial Industry Regulatory Authority’s (FINRA) against broker Bradley Ross (Ross), a registered representative with UBS Financial Services Inc. (UBS) out of the firm’s Fort Lauderdale, Florida office location since 2011.

The customer complaints against Ross allege a number of securities law violations including that the broker made unsuitable investments and overcenoncetrated clients in gold and commodities related investments among other claims. The most recent complaint was filed in May 2016 and alleged over-concentration and unauthorized trading with respect to certain securities. The customer is seeking $99,000 in damages in the pending complaint. In April 2015, a customer alleged that Ross refused to follow client’s directives, breached his fiduciary duty, executed unauthorized trades, and sold unsuitable investments. The complaint settled in December 2015 for $35,000.

Before recommending investments in oil and gas and commodities related investments, brokers and advisors must ensure that the investment is appropriate for the investor and conduct due diligence on the company in order to understand the risks and prospects of the company. Oil and gas and commodities related investments have been recommended by brokers under the assumption that commodities prices would continue to go up. However, brokers who sell oil and gas and commodities products are obligated to understand the risks of these investments and convey them to clients.

Broker Investigation: Meyers Associates Advisor Neal Scott

July 26, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Neal Scott (Scott). According to BrokerCheck records there are at least four customer complaint, one regulatory, and seven judgments or liens that have been filed against Scott. The most recent customer complaint against Scott alleges a number of securities law violations including breach of fiduciary duty and suitability among other claims. The claim is currently pending.

The most recent judgement or lien disclosure was filed in January 2009 and concerns a tax lien for $47,103. Tax liens and judgements are often a sign that the broker cannot manage their own personal finances and may be tempted to recommend high commission products or strategies to clients in order to satisfy debts.

In addition, the Virginia Securities Department alleged that Scott failed to complete his registration process in time and denied his registration in the state.

Broker Investigation: Churning Complaints Against Cory Bataan

June 15, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints against broker Cory Bataan (Bataan). There are at least four customer complaints against Bataan and one employment termination for cause. The customer complaints against Bataan allege a number of securities law violations including that the broker engaged in churning, unauthorized trading, unsuitable trades, breach of fiduciary duty, and misrepresentations among other claims. In addition, in August 2012, Empire Asset Management terminated Bataan alleging that their were violations of the firms policies and procedures.

When brokers engage in excessive trading, sometimes referred to as churning, the broker will typical trade in and out of securities, sometimes even the same stock, many times over a short period of time. Often times the account will completely “turnover” every month with different securities. This type of investment trading activity in the client’s account serves no reasonable purpose for the investor and is engaged in only to profit the broker through the generation of commissions created by the trades. Churning is considered a species of securities fraud. The elements of the claim are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

Bataan is currently registered with, Aegis Capital Corp. (Aegis), a brokerage firm that has been identified as employing troublesome brokers. According to a recent study conducted by the Securities Litigation and Consulting Group entitled “How Widespread and Predictable is Stock Broker Misconduct?” the incidents of investor harm at Aegis is extraordinarily high. The study ranked Aegis as the worst brokerage firm finding that brokers at the firm had over a 35% misconduct rate. The study stated that investors should stay away from Aegis “Given their coworkers’ disclosure record as of 2014, 83.7% of the brokers at these six firms would be in the highest risk quintile as defined in the FINRA study and should be avoided by investors. The BrokerCheck reports for most of the brokers at these six firms should prominently display a skull and crossbones warning.”

Customer Complaints Involving Alternative Investments Against Broker Robert Cannon

May 23, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating a customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Robert Cannon (Cannon). According to BrokerCheck records Cannon has been subject to at least four customer complaints. The customer complaints against Cannon alleges securities law violations that including unsuitable investments, negligence, fraud, and breach of fiduciary duty among other claims.

Many of the complaints involve direct participation products (DPPs) and private placements including oil and gas partnerships, non-traded real estate investment trusts (REITs), and other alternative investments. In a FINRA regulatory action Van Patter was found to have onverconcentrated an investor in alternative investments.

Our firm has represented many clients in these types of products. All of these investments come with high costs and historically have underperformed even safe benchmarks, like U.S. treasury bonds. For example, products like oil and gas partnerships, REITs, and other alternative investments are only appropriate for a narrow band of investors under certain conditions due to the high costs, illiquidity, and huge redemption charges of the products, if they can be redeemed. However, due to the high commissions brokers earn on these products they sell them to investors who cannot profit from them. Further, investor often fail to understand that they have lost money until many years after agreeing to the investment. In sum, for all of their costs and risks, investors in these programs are in no way additionally compensated for the loss of liquidity, risks, or cost.

Gana LLP Investigates Customer Complaints Against Merrill Lynch Broker Jacquin Fink

May 18, 2016 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority (FINRA) against broker Jacquin Fink (Fink). According to BrokerCheck records Fink has been subject to at least six customer complaints. The customer complaints against Fink allege securities law violations that including unsuitable investments, misrepresentations, excessive trading, and unauthorized trading among other claims.

In April 2016, a customer complained that unsuitable investments were made and excessive trading occurred from October 2013 to January 2016 causing $581,144 in damages. The claim is pending. Also in April 2016, another customer alleged that unsuitable investment recommendations and misrepresentation occurred in August 2015. The claim is pending. In November 2015 a customer alleged unsuitable investment recommendations from October 2012 to August 2014 causing $106,092 in damages. The claim settled.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client. In order to make a suitable recommendation the broker must meet certain requirements. First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors. 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.