Securities Lawyers Blog

FINRA Bars Broker Clay Hoffman Over Unauthorized Trades

June 16, 2017 | by Staff Attorney

Broker Clay Hoffman (Hoffman) was recently sanctioned by The Financial Industry Regulatory Authority (FINRA) in an enforcement action that led to a permanent bar against the broker. According to BrokerCheck, FINRA found that Hoffman consented to sanctions that he executed discretionary transactions in a customer’s account without prior written authorization from the customer to exercise discretionary trading or approval by his brokerage firm.

The securities lawyers of Gana Weinstein LLP are also investigating customer complaints against Hoffman. There have been at least 14 customer complaints against Hoffman, four regulatory actions, and one employment termination for cause in Hoffman’s 14 year career. The customer complaints against Hoffman allege a number of securities law violations including that the broker made unauthorized trading, fraud, and breach of fiduciary duty among other claims.

The most recent customer complaint was filed in April 2015 and alleges unsuitable investments, unauthorized trading, and misrepresentations causing $234,697 in damages. The claim was settled.

Should I Contact An Attorney If I’ve Been the Victim of Securities Fraud?

June 16, 2017 | by Staff Attorney

From having spoken to many victims of securities fraud – the hardest thing for many investor victims is asking for help. More specifically, admitting to anyone that they had been taken advantage of. Many victims express feelings of shock, disbelief, and often times shame for having been, apparently, an easy mark for the fraudster.

The truth is there is nothing to be a ashamed of. Fraud is a multi-billion dollar business ensnaring tens of thousands of victims a year. The only real question is – what are you going to do about it? Our investment attorneys are here to help. We’ll let you know what the potential avenues of recovery are. Consider reaching out to our firm and refusing to be another victim while considering the following SEC statistics concerning their regulatory efforts in 2016.

In 2016, the SEC filed 868 enforcement actions exposing financial reporting-related misconduct by companies and their executives and misconduct by registrants and gatekeepers.

Broker Jeffrey Hill Subject to Multiple Regulatory and Customer Complaints

June 16, 2017 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer and regulatory complaints filed against broker Jeffrey Hill (Hill). According to BrokerCheck records, Hill has been subject to three regulatory actions, eight customer complaints, and one termination for cause disclosures. The most recent customer complaint against Hill alleged that between 2003 and 2014 the customer’s account was subject to churning, unauthorized trading, unsuitability and breach of fiduciary duty. The claim alleged damages of $1,600,000 and settled.

On November 22, 2016 Wells Fargo Advisors (Wells Fargo) terminated Hill based on activity alleged to have happened at his prior firm when the broker entered into an AWC with FINRA agreeing to a fifteen month suspension from the industry.

In FINRA’s complaint settled in November 2016, Hill consented to sanctions and findings that he initiated hundreds of trades for two elderly customers without contacting them and recommended or engaged in dozens of transactions that were qualitatively or quantitatively unsuitable or lacked a reasonable basis in corporate and municipal bonds. FINRA also found that neither of those customers explicitly permitted Hill to use discretion in their accounts. FINRA found that Hill would recommend that one of the customers sell bonds shortly after buying them. FINRA determined that there was no justification for the trading as neither changes in the bonds’ prices, interest that accrued, changes in the issuers’ condition, nor any other factors appeared to effect the short-term trading.

FINRA Bars Broker David Sheppard Over Excessive Trading and Churning

June 14, 2017 | by Staff Attorney

Broker David Sheppard (Sheppard) was recently sanctioned by The Financial Industry Regulatory Authority (FINRA) in an enforcement action that led to a permanent bar against the broker. According to BrokerCheck, FINRA found that Sheppard consented to sanctions that he refused to appear for on-the-record testimony requested by FINRA to investigate potential churning (excessive trading) in customer accounts.

The securities lawyers of Gana Weinstein LLP are also investigating customer complaints against Sheppard. There have been at least three customer complaints against Sheppard, one regulatory action, and two judgements or liens in Sheppard’s 21 year career. The customer complaints against Sheppard allege a number of securities law violations including that the broker made unauthorized trading, and breach of fiduciary duty among other claims.

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.

FINRA Bars Norman Farra Jr. Over Private Securities Transactions

June 14, 2017 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating the allegations made by The Financial Industry Regulatory Authority (FINRA) resulting in a bar of broker Norman Ferra Jr. (Ferra) who was previously registered with International Assets Advisory, LLC working out of the Tampa, Florida office. Ferra has 20 years of experience in the securities industry and three disclosures on his record.

In March 2017, Ferra was barred after he consented to the sanction and to the entry of findings that he failed to respond to letters requesting that he produce documents and information in connection with an investigation regarding undisclosed outside business activities and private securities transactions. No other disclosure concerning the extent and nature of the activity is disclosed.

However, Ferra has disclosed several outside business activities including his d/b/a Rockport Global Advisors. Ferra has also disclosed entities including EG Advisory LLC It is unclear at this time what entities Ferra’s outside business activities that were the subject of the FINRA bar involve.

Ameriprise Financial Terminates Stephen Mosley Over Private Securities Transactions

June 14, 2017 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating Ameriprise Financial Services, Inc.’s (Ameriprise) termination of former broker Stephen Mosley (Mosley) working out of the Lake Havasu City, Arizona office. Ameriprise terminated Mosley in November 2016. According to the broker’s Financial Industry Regulatory Authority (FINRA) BrokerCheck filing the firm stated that Mosley “was terminated for compliance policy violations related to complying with disciplinary action and heightened supervision, soliciting a prohibited security and suitability of a transaction.” Mosley also has two customer complaints listed on his record. No other disclosure concerning the extent and nature of the activity is disclosed.

However, Mosley has disclosed several outside business activities including his d/b/a Wisdom & Wealth Corp. Mosley has also disclosed entities including LP Prop, LLC – a real estate holding company. It is unclear at this time if Mosley’s activities involve any of these disclosed entities.

The providing of loans, selling of promissory notes, or recommending investments outside of the firm constitutes impermissible private securities transactions – a practice known in the industry as “selling away”. Often times, brokers sell promissory notes and other investments through side businesses as accountants, lawyers, real estate agents, or insurance agents to clients of those side practices.

Broker Andrew Elsoffer Faces Allegations of Securities Fraud

June 13, 2017 | by Staff Attorney

The experienced securities fraud lawyers of Gana Weinstein LLP are investigating multiple customer disputes filed with the Financial Industry Regulatory Authority (FINRA) against broker Andrew Bruce Elsoffer (Elsoffer). According to Elsoffer’s FINRA BrokerCheck records, there are several disclosures on his record pertaining to securities fraud, misrepresentation, unsuitability, breach of fiduciary duty, and negligence amongst other allegations.

Elsoffer entered the securities industry in 1994 and was only registered with Merrill Lynch, Pierce, Fenner & Smith, Inc. until November 2011. He is currently employed at Stifel Nicolaus & Co., Inc. since November 2011. He was previously employed at:

• Bank of America (December 2009 – October 2011)

Broker Rodger James Burskey Subject to Multiple Customer Complaints

June 13, 2017 | by Staff Attorney

Gana Weinstein LLP’s investment fraud attorneys are looking into multiple customer disputes filed with the Financial Industry Regulatory Authority (FINRA) against broker Rodger James Burskey (Burskey) that led to a regulatory action by FINRA. According to Burskey’s FINRA BrokerCheck records, there are several disclosures on his record pertaining to unauthorized, unsuitable, and excessive trading. Burskey has dealt with an employment separation and was barred by FINRA from the securities industry. In December 2016, Burskey was barred by FINRA from having any registration capacities in the securities industry. He consented to the sanctions and findings of FINRA and refused to appear on the record regarding allegations of making unsuitable recommendations and engage in discretionary trading.

Burskey entered the securities industry in 1985 and was last employed at Voya Financial Advisors, Inc. until November 2015. He was previously registered at:

• US Allianz Securities, Inc. (February 1999 – November 2006)

FINRA Bars Broker Andrew Kramer Over Securities Practices

June 11, 2017 | by Staff Attorney

Broker Andrew Kramer (Kramer) was recently sanctioned by The Financial Industry Regulatory Authority (FINRA) in an enforcement action. According to the FINRA AWC (Letter of Acceptance, Waiver, and Consent) FINRA found that Kramer consented to sanctions that he failed to respond to FINRA’s requests for documents and information related to an examination concerning a customer complaint.

The securities lawyers of Gana Weinstein LLP are investigating the six customer complaints brought against Kramer. The customer complaints allege a number of securities law violations including that the broker made unsuitable investments among other claims. Accorded to one complaint, it was alleged that Kramer implemented a bear market strategy. When brokers recommend these strategies they are rarely profitable and almost always unsuitable for the client. Historically the market is only negative a small fraction of the time. Accordingly, a sustain bear market strategy always bets against the odds rarely makes sense.

The most recent claim was filed in December 2016 alleging Kramer engaged in unsuitable trades causing $1,000,000 in damages. The complaint is currently pending.

Investor Recovery: Mark Sellers and Selden Companies $10 Million Investment Fraud

June 11, 2017 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating the action brought by the Department of Justice (DOJ) involving property acquired by Mark Sellers (Sellers) as part of a $10 million investment fraud scheme. According to authorities Sellers shot and killed himself on Aug. 2, 2016. The DOJ alleged that Sellers fraud scheme involved stealing approximately $10 million from approximately 100 investors through his firm, Selden Companies, LLC, from December 2007 through at least 2015.

According to the DOJ, Sellers fraudulently misrepresented to investors that he would use the funds to purchase companies and turn them around to sell at a profit. However, Sellers and his wife spent almost all of the invested funds to maintain their own lavish lifestyle. Sellers’ used investor funds for vehicles, life insurance policies, homes, jewelry, and credit card purchases laundering the invested funds through multiple bank accounts.

It has also been alleged that Sellers used former Ameriprise Financial Services, Inc. (Ameriprise) broker John Elliott (Elliott) to raise funds for the fraud. According to records kept by the Financial Industry Regulatory Authority (FINRA) Elliott working out of Overland Park, Kansas location from November 2011 through September 2016. Thereafter, Ameriprise terminated Elliott alleging “compliance policy violations related to selling away.