Mark Kolta Subject to More Than a Dozen Investment Complaints

shutterstock_174858983-300x216According to BrokerCheck records financial advisor Mark Kolta (Kolta), currently employed by Worden Capital Management LLC (Worden Capital) has been subject to at least 14 customer complaints and one employment termination for cause.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Kolta’s customer complaints allege that Kolta recommended unsuitable securities recommendations in a variety of products including alternative investments, equities, and annuities among other allegations of misconduct in the handling of customer accounts.

In April 2019 a customer filed a complaint alleging that Kolta violated the securities laws by, among other things, that Kolta made unsuitable investments, breach of fiduciary duty, and negligence causing $300,000 damages.  The claim is currently pending.

In March 2019 a customer filed a complaint alleging that Kolta violated the securities laws by, among other things, that Kolta made unsuitable investments, unauthorized trading, and misrepresentations causing $15,000 damages.  The claim is currently pending.

In February 2019 a customer filed a complaint alleging that Kolta violated the securities laws by, among other things, that Kolta made unsuitable investments, breach of fiduciary duty, breach of contract, and negligence concerning non-traded REITs and an annuity causing damages.  The claim is currently pending.

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 show 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.

Kolta entered the securities industry in 2008.  From September 2013 until June 2017 Kolta was associated with National Securities Corporation.  From June 2017 until February 2018 Kolta was registered with Aegis Capital Corp.  Finally, since April 2018 Kolta has been associated with Worden Capital out of the firm’s Garden City, New York 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.