Suitability

Broker Spotlight: Cantone Research’s Raymond DeRobbio

September 19, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Raymond DeRobbio (DeRobbio) has been the subject of seven customer complaints and one regulatory action. The customer complaints against DeRobbio allege that the broker made unsuitable investments concerning certain bonds that defaulted. The regulatory complaint against DeRobbio was initiated by the state of Indiana in which DeRobbio withdrew as an agent.

DeRobbio entered the securities industry in 1983 and since that time DeRobbio has been associated with over a dozen firms. Starting in June 2006 through July 2012, DeRobbio was associated with J.P. Turner & Company, L.L.C. From July 2012, until June 2013, DeRobbio was registered with Northeastern Financial Group, Incorporated. Finally, since June 2013, DeRobbio has been registered with Cantone Research Inc. out of a branch located in Tinton Falls, New Jersey.

All brokers and financial advisers have an obligation to their customers to deal with them in a fair manner. That obligation includes making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its costs, benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

FINRA Bars Thomas Hogle Over Investigation Into Unsuitable Trades in a 101 Year Old’s Account

September 13, 2015 | by Staff Attorney

The Financial Industry Regulatory Authority (FINRA) barred (Case No. 20150443048) broker Thomas Hogle (Hogle) after the broker failed to respond to a letter from the regulator requesting information. While the BrokerCheck records kept by FINRA do not disclose all the facts being investigated by the regulatory inquiry, FINRA sent Hogle a request for documents in connection with their investigation that unsuitable investment recommendations were made in an account of a 101 year-old customer. On April 15, 2015, Hogle acknowledged FINRA’s requests but refused to produce documents or information resulting in the bar from the securities industry.

According to the BrokerCheck records Hogle has been the subject of at least one customer complaint and three financial matters and liens. The customer complaints against Hogle allege a number of securities law violations including that the broker made unsuitable investments, unauthorized trading, and churning (excessive trading) among other claims.

Hogle entered the securities industry in 1998. From April 2008, until September 2011, Hogle was associated with Nelsonreid, Inc. Thereafter, from October 2011, until May 2015, Hogle was a registered representative of B.B. Graham & Company, Inc.

Broker Spotlight: Customer Complaints Against Francine Frechter

September 10, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Francine Frechter (Frechter) has been the subject of two customer complaints and one employment separation. The customer complaints against Frechter allege a number of securities law violations including that the broker made unsuitable investments, misrepresentations, and failure to follow instructions among other claims.

Frechter entered the securities industry in 1984. Since 2000 Frechter was associated with Citigroup Global Markers Inc. From June 2009, until January 2014, Frechter was a registered representative with Wells Fargo Advisors, LLC. In December 2013, Frechter was discharged from Wells Fargo concerning allegations that Frechter recommended a lending product to three clients that was contrary to the firm’s policies. Currently, Frechter is associated with Stifel, Nicolaus & Company, Incorporated.

Advisers have an obligation to deal fairly with investors and that obligation includes making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its costs, benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

SEC Brings Action Against Miller Energy Resources on the Heals of Bankruptcy

September 8, 2015 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating brokerage firms that placed investors in oil and gas related investments and who have suffered losses as a result. One company under investigation is Miller Energy Resources Inc. (Stock Symbol: MILL). According to a Wall Street Journal article, creditors of Miller’s Cook Inlet Energy LLC subsidiary filed an involuntary chapter 11 petition claiming about $2.8 million in debts owed.

The involuntary bankruptcy filing comes shortly after the Securities and Exchange Commission (SEC) accused the company of a valuation related accounting fraud. The SEC alleged that Miller Energy acquired oil and gas properties in Alaska in late 2009 for $2.5 million and then allegedly overstated the value of its holdings by more than $400 million in order to boost the company’s net income and assets.

The SEC’s complaint charged Miller Energy, its former chief financial officer and its current chief operating officer for allegedly inflating values of oil and gas properties. The alleged scheme had the effect of taking Miller Energy from a penny stock into a security that was listed on the New York Stock Exchange reaching a $9 per share high in 2013. Trading in Miller Energy was suspended at the end of July. Miller Energy stated that the SEC’s civil action is related to alleged valuation errors from five years ago and the action is not warranted by the facts or the law.

Gana LLP Investigates Investor Losses in Linn Energy and Energy XXI

September 8, 2015 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating brokerage firms that placed investors in oil and gas related investments and who have suffered losses as a result. Two companies that appear vulnerable include Linn Energy (Stock Symbol: LINE) and Energy XXI Ltd. (Stock Symbol: EXXI). While these companies have not yet declared bankruptcy their stock prices have fallen by well over 90% in the last year.

Many oil companies rely on borrowing lines of credit from banks in order to make investments in their business operations. Some of these lines of credit will come up for renewal on October 1. At which time, according to TheStreet.com banks will look back at the last twelve months to the average price of oil which stood at about $45. This will cause the banks then to reduce the amount of money available to borrow in half compared to a year ago. Due to the reduced credit and access to capital it will become very difficult for companies like Linn Energy and Energy XXI to continue investing and drilling.

For instance Linn Energy and Energy XXI have already exhausted more than 75% of the credit available to them and may be forced in bankruptcy.

Broker Investigation: NFP Advisor Services Broker Kevin Ellman

September 4, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Kevin Ellman (Ellman) has been the subject of at least four customer complaints and one regulatory action. The customer complaints against Ellman allege in one of the complaints that the broker made misrepresentations related to the sale of auction rate securities. In another complaint, the customer alleged negligence in connection with a mezzanine financing investment. In a third complaint, the customer alleged that Ellman made unsuitable investment recommendations.

Ellman entered the securities industry in 1991. From January 2006 onward Ellman has been registered with NFP Advisor Services, LLC (NFP Advisor).

Advisers have an obligation to deal fairly with investors and that obligation includes making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its costs, benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

FINRA Arbitration Panel Finds UBS Puerto Rico Liable for $1 Million as a Result of the Sale of UBS Puerto Rico Bond Funds

September 3, 2015 | by Staff Attorney

A FINRA arbitration panel in San Juan found UBS Financial Services, Inc., and UBS Financial Services Inc. of Puerto Rico liable to Juan Burgos Rosado. The arbitration panel held that UBS must buy back Rosado’s Puerto Rico bond fund portfolio for $1 million. Rosado invested approximately $737,000 in the UBS closed-end bond funds within four years of opening his accounts in 2011. In a lengthy ruling by the arbitration panel included several findings of facts, including:

We find that, at the time Claimant first invested (2011), the market for these CEFs, being limited to residents of Puerto Rico, was necessarily thin; that it had been to a large extent saturated and liquidity was limited

UBS, though not required to do so, had essentially made a market until it determined to reduce its inventory of CEFs

Broker Investigation: Aegis Capital Advisor Damian Mamane

September 1, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Damian Mamane (Mamane) has been the subject of at least one customer complaint. The customer complaint against Mamane alleges that the broker made unsuitable investments in equity and penny stock securities.

Mamane entered the securities industry in 2001. From September 2009, until April 2014, Mamane was registered with IAA Financial LLC. Since March 2014, Mamane has been associated with Aegis Capital Corp.

Advisers have an obligation to deal fairly with investors and that obligation includes making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its costs, benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

Former Wunderlich Securities Broker Merid Amde Charged with Violation of FINRA Rules

August 31, 2015 | by Staff Attorney

Merid Amde (CRD# 1897365), formerly a broker with Wunderlich Securities, Inc. and currently a broker with L.M. Kohn & Company stockbroker, was recently named in a FINRA enforcement proceeding.

According to FINRA, alleged that in contravention of Wunderlich Securities procedures, Amde failed to disclose that a firm customer had named him as a successor trustee to her trust and had Amde named and his wife as the sole beneficiaries of the trust. The complaint alleges that Amde failed to provide Wunderlich with prior written notice of Amde’s expectation of compensation as a successor trustee in the customer’s trust. The complaint further alleges that Amde mismarked order tickets for a customer’s accounts as unsolicited when they were actually solicited. According to the complaint Amde mismarked the orders to avoid supervision of the trades and caused Wunderlich’s books and records to be inaccurate as to those trades.

FINRA’s complaint further alleges that Amde executed discretionary transactions in a customer’s account without first obtaining prior written authorization from the customer and without the account accepted by Wunderlich as discretionary. Finally, the complaint alleges that Amde provided a customer with consolidated reports that falsely stated the value of her investments and exaggerated the return on investment. Amde, denies the allegations.

Broker Spotlight: TIC Customer Complaints Against John Notman

August 27, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker John Notman (Notman) has been the subject to an astonishing 31 customer complaints along with two firm terminations for cause. The customer complaints against Notman allege a number of securities law violations including that the broker made unsuitable investments and misrepresentations and false statements among other claims. Many of the complaints involve Notman’s sales of tenants-in-common (TICs). These claims along alleged combined investor losses of well over $20,000,000.

Notman entered the securities industry in 1982. From March 2003, until September 2012, Notman was registered with Berthel, Fisher & Company Financial Services, Inc (Berthel Fisher). In September 2012, Berthel Fisher filed a notice of termination Form U-5 stating that the reason for terminating Notman from the firm was due to his failure to report certain financial disclosures.

As a background, TICs largely been sold unfairly as tax advantaged products that allow customers to defer capital gains taxes on appreciated real estate. TICs are private placements that have no secondary trading market and are therefore illiquid investments. In a typical TIC, the investor receives a fractional interest in the property along with other stakeholders and the profits are generated mostly through the efforts of the sponsor and the management company that manages and leases the property. The sponsor typically structures the TIC investment with up-front fees and expenses charged to the TIC and negotiates the sale price and loan for the acquired property. Because these fees are often higher than 15%, there is often no way for the investment to be profitable for the investor.