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The law offices of Gana Weinstein LLP are currently investigating claims that Broker Michael Conte (Conte) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Conte was employed by Fusion Analytics Securities LLC at the time of the activity.  If you have been a victim of Conte’s alleged misconduct our firm may be able to assist you in recovering funds.

FINRA BrokerCheck shows a final customer complaint on October 05, 2022.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 15(b) of the Securities Exchange Act of 1934 (‘Exchange Act’) and Section 203(f) of the Investment Advisers Act of 1940 (‘Advisers Act’) against Michael J. Conte (‘Respondent’). The Commission finds that on September 29, 2022, a final judgment was entered by consent against Conte, permanently enjoining him from future violations of Section 17(a)(2) and 17(a)(3) of the Securities Act of 1933 and Sections 206(1) and 206(2) of the Advisers Act, in the civil action entitled Securities and Exchange Commission v. Fusion Analytics Investment Partners, LLC, Civil Action Number 0:21-cv-61721, in the United States District Court for the Southern District of Florida. The Commission’s complaint alleged that from 2010 to 2016, Conte, through two entities he controlled-FAIP and FAIP’s holding company, Fusion Analytics Holdings, LLC (‘Fusion Holdings’)-raised approximately $1.4 million for FAIP through the offer and sale of promissory notes to 10 individual retail investors and advisory clients, most of whom were retired and elderly, without disclosing material facts regarding FAIP’s declining financial condition. Fusion Holdings defaulted on most of the notes, and Conte renegotiated many of the notes without fully disclosing FAIP’s continuing financial decline.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Paul Vizanko (Vizanko), previously associated with Wells Fargo Clearing Services, LLC, has at least 3 disclosable events. These events include one customer complaint, 2 regulatory events, alleging that Vizanko recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on November 11, 2022.

Respondent Vizanko failed to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Christ Baltas (Baltas), previously associated with Worden Capital Management LLC, has at least 6 disclosable events. These events include 3 customer complaints, 3 regulatory events, alleging that Baltas recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on October 07, 2022.

Respondent Baltas failed to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance.

The law offices of Gana Weinstein LLP are currently investigating claims that Broker Christopher Eriksson (Eriksson) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Eriksson was employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated at the time of the activity.  If you have been a victim of Eriksson’s alleged misconduct our firm may be able to assist you in recovering funds.

FINRA BrokerCheck shows a final customer complaint on November 09, 2022.

Without admitting or denying the findings, Eriksson consented to the sanctions and to the entry of findings that he borrowed money from a customer without notice to, or approval from, his member firm. The findings stated that Eriksson borrowed $350,000 from a customer, at a fixed interest rate, as documented by a promissory note drafted by one of the co-trustees of the customer. Eriksson has paid off in full the principal and interest of the loan. The findings also stated that Eriksson engaged in three undisclosed outside business activities (OBAs). In addition, Eriksson submitted questionnaire responses to the firm which failed to disclose all his OBAs.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Neil Fineman (Fineman), previously associated with First Allied Securities, INC., has at least 3 disclosable events. These events include 2 customer complaints, one regulatory event, alleging that Fineman recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on August 18, 2022.

Respondent Fineman failed to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance.

The law offices of Gana Weinstein LLP are currently investigating claims that Broker Richard Crabtree (Crabtree) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Crabtree was employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated at the time of the activity.  If you have been a victim of Crabtree’s alleged misconduct our firm may be able to assist you in recovering funds.

FINRA BrokerCheck shows a final customer complaint on September 23, 2022.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative and cease-and-desist proceedings be, and hereby are, instituted pursuant to Section 8A of the Securities Act of 1933 (‘Securities Act’), Sections 15(b)(6) and 21C of the Securities Exchange Act of 1934 (‘Exchange Act’), Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 (‘Advisers Act’), and Section 9(b) of the Investment Company Act of 1940 (‘Investment Company Act’) against Richard M. Crabtree (‘Respondent’ or ‘Crabtree’). The Commission finds that Crabtree, defrauded his advisory client about the investments in the client’s accounts, their performance, and the value of the client’s assets. Crabtree, who was a Senior Vice President at a prominent investment adviser and resident director of the Annapolis, Maryland branch office of the investment adviser, deceived the client into believing that he had invested $250,000 of the client’s funds into a private investment partnership that was held outside of the Investment Adviser. Crabtree falsely represented to the client that the trading strategy was highly profitable and that the client’s interest in the private investment partnership grew to as high as approximately $10 million. However, Crabtree never invested any of the client’s funds into a private investment partnership, and none of its profits were real. To perpetuate and conceal this fraud, Crabtree repeatedly falsified records, including portfolio review reports, trading records, data in the investment adviser’s system, and mortgage payout letters, and liquidated securities in one of the client’s advisory accounts. As a result of his conduct, Crabtree willfully violated Sections 17(a)(1) and 17(a)(3) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder and Sections 206(1) and 206(2) of the Advisers Act.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Robert Calamunci (Calamunci), previously associated with Xnergy Financial LLC, has at least 2 disclosable events. These events include one customer complaint, one regulatory event, alleging that Calamunci recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on October 20, 2022.

Respondent Calamunci failed to respond to FINRA requests for information.

Previously financial advisor Michael Lancaster (Lancaster), previously employed by brokerage firm Ifp Securities, LLC has been subject to at least 2 disclosable events. These events include one customer complaint, one regulatory event. According to a BrokerCheck reports most of the recent customer complaints concern either corporate debt securities or alternative investments such as direct participation products (DPPs) like business development companies (BDCs), non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and private placements.  The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.

FINRA BrokerCheck shows a final customer complaint on November 11, 2022.

Without admitting or denying the findings, Lancaster consented to the sanctions and to the entry of findings that he recommended that a customer, who was 72 years old at the time, invest $70,000 in shares of a commercial equipment leasing and finance fund, which was an alternative investment, even though the investment was inconsistent with the customer’s investment profile and financial situation. The findings stated that the liquid net worth required for the customer’s investment amount, as stated in the investment prospectus, exceeded the customer’s liquid net worth. In addition, the high-risk and illiquid nature of the investment was not consistent with the customer’s moderate risk tolerance. Yet, the customer used funds from his retirement account to make the investment. Even though the investment subsequently declined in value, the customer continued to hold the investment based on Lancaster’s recommendation that he do so. The investment continued to decline in value until the customer liquidated the investment nearly 10 years later. The customer sustained losses and was compensated by Lancaster’s member firm. The findings also stated that after the customer complained to Lancaster about the performance of the investment, Lancaster made payments to the customer totaling $14,460.40 to attempt to settle the complaint without the knowledge or approval of his firm. The findings also included that Lancaster submitted compliance questionnaires to his firm falsely stating that he had not made any private settlement of claims or reimbursed customers for losses. Subsequently, the customer, through his attorney, sent a written complaint to the firm regarding Lancaster, including Lancaster’s attempt to settle his complaint.

Currently financial advisor Mark Martino (Martino), currently employed by brokerage firm the Benchmark Company, LLC has been subject to at least 3 disclosable events. These events include one customer complaint, 2 regulatory events. According to a BrokerCheck reports most of the recent customer complaints concern either corporate debt securities or alternative investments such as direct participation products (DPPs) like business development companies (BDCs), non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and private placements.  The attorneys at Gana Weinstein LLP have represented hundreds of investors who suffered losses caused by these types of high risk, low reward products.

FINRA BrokerCheck shows a final customer complaint on August 15, 2022.

Without admitting or denying the findings, Martino consented to the sanctions and to the entry of findings that he failed to conduct reasonable ongoing due diligence for a private placement offering by a Canadian start-up company. The findings stated that Martino learned that the United States Federal Trade Commission (FTC) had sued the company’s founder for fraud in connection with a different company that he had previously founded. Martino also learned that the FTC had obtained a court order freezing the founder’s assets as well as the assets of any companies he owned or controlled. Before the start of the offering’s selling period, Martino recognized the FTC’s lawsuit against the founder to be a red flag given his role with the company. After selling began, the FTC sought to freeze all of the company’s assets and to hold the company’s chief executive officer (CEO) in contempt for funneling the company’s assets to the founder for his personal use. Martino was unaware of these developments during the three-month offering period because he unreasonably relied on the issuer to keep him apprised of developments in the lawsuit, even though some prospective investors were reluctant to invest due to concerns with the lawsuit and one investor demanded his money back after learning of the lawsuit. Shortly after the end of the selling period, the court held the CEO in contempt and issued an order requiring the company to transfer $1.205 million to a court-appointed receiver. The company subsequently failed to repay the investors in the offering when the debenture units matured. Martino personally received $61,248 in placement agent fees from sales of the offering subsequent to the developments in the FTC lawsuit. The findings also stated that Martino recommended the offering to his member firm’s customers without a reasonable basis. Martino did not request a written explanation of the FTC lawsuit from the issuer, did not take steps to verify oral representations regarding developments in the lawsuit, did not review the lawsuit’s public docket, and took no steps to otherwise track developments in the lawsuit. By failing to conduct reasonable ongoing due diligence of an acknowledged red flag, Martino failed to timely learn of material developments in the FTC lawsuit and thus did not have a reasonable understanding of the potential risks of the offering. As such, Martino lacked a reasonable basis to continue to recommend the offering to customers. The findings also included that Martino failed to reasonably supervise the firm’s due diligence of the offering. Martino was the representative at the firm who conducted the due diligence of the offering, and was also the firm’s designated supervisor for diligence of private placements. In addition, Martino was the firm’s CEO and the designated supervisor for its main office. Given his roles, Martino was responsible for implementing the firm’s supervisory system including as it related to private placements. The firm’s written supervisory procedures (WSPs) required the firm to conduct due diligence of each private placement offered by the firm and to update its due diligence as needed until effectiveness of the offering. Martino and his firm, however, did not implement a reasonable process for conducting ongoing due diligence. While the firm’s WSPs also required it to review any red flags and not simply rely on representations by the issuer’s management, the procedures did not specifically address continuing monitoring of identified red flags as part of the firm’s ongoing due diligence. FINRA found that Martino used text messaging applications on his personal cell phone to communicate with the company’s founder, CEO, and prospective investors regarding the offering. Those communications, which concerned the firm’s securities business, were not preserved by the firm. As a result, Martino caused his firm to fail to preserve required books and records.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Joshua Nicholas (Nicholas), previously associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least 5 disclosable events. These events include one customer complaint, 4 regulatory events, alleging that Nicholas recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on April 24, 2023.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 203(f) of the Investment Advisers Act of 1940 (‘Advisers Act’) against Joshua David Nicholas (‘Nicholas’ or ‘Respondent’). The Commission finds that on April 19, 2023, a final judgment was entered by consent against Nicholas, permanently enjoining him from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 (‘Securities Act’), and Section 10(b) of the Securities Exchange Act of 1934 (‘Exchange Act’) and Rule 10b-5 thereunder, in the civil action entitled Securities and Exchange Commission v. Empires Consulting Corp., et al., 1:22-cv-21995-CMA, in the United States District Court for the Southern District of Florida. The Commission’s complaint alleged that Nicholas and others fraudulently raised at least $40 million of investor funds in EmpiresX investments by falsely claiming that EmpiresX could earn an expected investment return through a proprietary trading ‘bot’ or by manual trading performed by Nicholas. In reality, the bot was fake, Nicholas and others traded only a fraction of the funds they took from investors, and that limited trading failed to earn the purported return. Nicholas and others further lied to investors to provide assurances of the safety of their investment, including by falsely telling investors that EmpiresX had filed SEC registration paperwork. Instead, Nicholas and others misappropriated that investor money for personal uses such as cars, real estate, and travel. The complaint also alleged that Nicholas and others sold unregistered securities. On September 8, 2022, Nicholas pled guilty to one count of conspiracy to commit securities fraud, in violation of 18 U.S.C. \\u00a7 371, 15 U.S.C. \\u00a7\\u00a7 78j(b) and 78ff, and 17 C.F.R. \\u00a7 240.10b-5, before the United States District Court for the Southern District of Florida, in United States v. Joshua David Nicholas, 1:22-cr-20296-JEM. In connection with that plea, Respondent admitted that he conspired with others to commit securities fraud by offering EmpiresX investments through devices, schemes, and artifices to defraud, and materially false statements and omissions. Specifically, Respondent admitted that the purported EmpiresX bot was not real, and that EmpiresX was instead a Ponzi scheme that paid earlier investors with money obtained from later investors. Respondent further admitted that in marketing EmpiresX investments, he misrepresented himself as another individual in order to conceal from investors and potential investors his prior disciplinary history.

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