Securities Lawyers Blog
The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that former broker Martin Batstone (Batstone), barred from acting as a broker from FINRA, has been subject to at least six customer complaints and two regulatory actions during the course of his career. Batstone was most recently associated with Newbridge Securities Corporation (Newbridge). According to records kept by The Financial Industry Regulatory Authority (FINRA), Batstone’s customer complaints alleges that Batstone recommended unsuitable investments in various investments including allegations involving private securities, annuities, mutual funds, and REITs, among other allegations of misconduct relating to the handling of their accounts.
In October 2019, FINRA filed a regulatory action finding that Batstone consented to sanctions. Batstone was a respondent in a FINRA complaint. The complaint alleged that Batstone willfully violated Section 10(b) of the Securities Exchange act of 1934, and Rule 10b-5(a)-(c), and FINRA Rule 2010, by transferring client funds into his personal bank accounts. FINRA has barred Batstone from acting as a broker or otherwise being associated with a broker-dealer firm, starting February 2020.
In October 2017, a customer complained that Batstone violated the securities laws by alleging that Batstone engaged in unsuitable investment advice, due to the purchase of two annuities unsuitable for the client based on her risk tolerance. The claim settled in the amount of $5,000.
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.
According to newsources, a study revealed that 7.3% of financial advisors had a customer complaint on their record when records from 2005 to 2015 were examined. Brokers must publicly disclose reportable events on their BrokerCheck reports that include customer complaints, IRS tax liens, judgments, investigations, terminations, and criminal cases. In addition, research has shown a disturbing pattern with troublesome brokers where brokers with high numbers of customer complaints are not kicked out of the industry but instead these brokers are sifted to lower quality brokerage firms with loose hiring practices and higher rates of customer complaints. These lower quality firms may average brokers with five times as many complaints as the industry average.
Batstone entered the securities industry in 1991. From January 2009 through April 2017 Batstone was associated with Independent Financial Group, LLC. From April 2017 through August 2018 Batstone was registered with Crown Capital Securities, L.P. From November 2018 through May 2019 Batstone was associated with Newbridge out of the firm’s San Diego, California office location.
Investors who have suffered losses are encouraged to contact us at (800) 810-4262 for consultation. At Gana Weinstein LLP, our attorneys are experienced representing investors who have suffered securities losses due to the mishandling of their accounts. Claims may be brought in securities arbitration before FINRA. Our consultations are free of charge and the firm is only compensated if you recover.