The law offices of Gana Weinstein LLP are currently investigating multiple claims that advisor Michael Mackay (Mackay) has engaged in the sale products not approved by his brokerage firm. Mackay, formerly registered with Transamerica Financial Advisors, Inc. (Transamerica) out of Cincinnati, Ohio has been accused by at least one customer of engaging in unapproved activity. In addition, Mackay disclosed that he has several tax liens totaling over $50,000.
In January 2019 Transamerica terminated Mackay after alleging that the firm received allegations from two customers that the Mackay had referred them to an outside investment opportunity that was not approved by the firm.
Mackay’s FINRA disclosures state that Mackay has several outside business activities including Mackay & Associates, The Homexchange, and WFG.
Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in fraudulent securities sales. Mackay’s activities in the sale of unapproved investment products – is a practice known in the industry as “selling away” – a serious violation of the securities laws. In the industry the term selling away refers to when a financial advisor solicits investments in companies, promissory notes, or other securities that are not pre-approved by the broker’s affiliated firm. Sometimes those investments have some legitimacy but often times these types of investments can end up being Ponzi schemes or the advisor can be engaging in the conversion of funds.
When advisors convert or misappropriate funds they often create businesses or other vehicles to serve as a cover for the theft of funds. However, federal securities laws and the FINRA rules require firms to monitor and supervise its employees in order to detect and prevent brokers from offering investments in this fashion. In order to properly supervise their brokers each firm is required to have procedures in order to monitor the activities of each advisor’s activities and interaction with the public. Selling away misconduct often occurs where brokerage firms either fail to put in place a reasonable supervisory system or fail to actually implement that system. Supervisory failures allow brokers to engage in unsupervised misconduct that can include all manner improper conduct including selling away.
In cases of selling away the investor is unaware that the advisor’s investments are improper. In many of these cases the investor will not learn that the broker’s activities were wrongful until after the investment scheme is publicized, the broker is fired or charged by law enforcement, or stops returning client calls altogether.
Mackay entered the securities industry in 1992. From January 2012 until January 2019 Mackay was registered with Transamerica out of the firm’s Cincinnati, Ohio office location.
Investors who have suffered losses are encouraged to contact us at (800) 810-4262 for consultation. Investors may be able recover their losses through securities arbitration. The attorneys at Gana Weinstein LLP are experienced in representing investors in cases of selling away and brokerage firms failure to supervise their representatives. Our consultations are free of charge and the firm is only compensated if you recover.