Securities Lawyers Blog

Advisor Anthony Vultaggio Barred By FINRA in Connection With Undisclosed Sales of Securities

November 8, 2017 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor Anthony Vultaggio, Jr. (Vultaggio), in September 2017, was accused by FINRA of failing to cooperate in an investigation into the circumstances surrounding Vultaggio alleged sale of undisclosed securities through an undisclosed outside business. Vultaggio is formerly associated with American Capital Partners, LLC (American Capital). According to the FINRA action, Vultaggio was barred by the regulator after the broker failed to respond to requests for documents and information during the investigation.

At this time the extent of Vultaggio’s outside business activities and securities sales are unknown. The only public disclosure on Vultaggio’s BrokerCheck contains is Vultaggio’s investments in commercial and residential real estate.

The providing of loans or selling of notes and other investments outside of a brokerage firm constitutes impermissible private securities transactions – a practice known in the industry as “selling away”.

Christopher Parr Under Investigation in Connection With Borrowing Client Funds

November 8, 2017 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor Christopher Parr (Parr), in October 2017, was under investigation by FINRA based on a preliminary determination that Parr’s conduct allegedly violated FINRA Rules 3240, 3280, and 2010. In addition, the state of Kansas has a pending regulatory mater concerning allegations that Parr borrowed money from a client on three occasions and did not disclose the loans to his firm. These allegations concern conduct that occurred while Parr was registered with KCD Financial, Inc. (KCD Financial).

At this time it is unclear the extent and scope of Parr’s activities. Parr’s CRD lists that he does business under the name First Capital Group, Inc.

The providing of loans or selling of notes and other investments outside of a brokerage firm constitutes impermissible private securities transactions – a practice known in the industry as “selling away”.

Janney Montgomery Scott Broker Christopher Sinkula Subject to Customer Complaints

November 8, 2017 | by Staff Attorney

According to BrokerCheck records financial advisor Christopher Sinkula (Sinkula), currently associated with Janney Montgomery Scott LLC (JMS), has been subject to seven customer complaints. According to records kept by The Financial Industry Regulatory Authority (FINRA) Sinkula has been accused by a customers of unsuitable investment advice concerning various investment products including energy stocks and variable annuities among other claims. The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to recommendations to investor in oil and gas and commodities related investments.

The most recent claim was filed in July 2017 and alleges that Sinkula made unsuitable investments by concentrating in energy stocks. The customer claimed $100,000 in damages and the claim is currently pending. In 2015 a customer claimed that Sinkula recommended the purchase of annuities and charged excessive fees that were not suitable causing $39,644 in damages. The claim was denied.

Our firm is investigating potential securities claims against brokerage firms over sales practices related to the recommendations of oil & gas and commodities products such as exchange traded notes (ETNs), structured notes, private placements, master limited partnerships (MLPs), leveraged ETFs, mutual funds, and individual stocks.

Christopher Wendel Terminated Over Claims of Private Securities Transactions

November 5, 2017 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor Christopher Wendel (Wendel), in September 2017, was terminated by his firm, SA Stone Wealth Management Inc. (SA Stone Wealth) based on allegations that Wendel violated the firm’s policy on selling away. In addition, Wendel has five customer complaints on his record. The latest customer complaint occurred in May 2013 and alleged that the customer was sold in unsuitable REITs. The claim alleged $171,000 in damages and was settled.

At this time it is unclear the extent and scope of Wendel’s private securities activities. Wendel’s CRD lists that he is engaged in an outside business activity called Smoke on the Water LLC.

The providing of loans or selling of notes and other investments outside of a brokerage firm constitutes impermissible private securities transactions – a practice known in the industry as “selling away”.

Kestra Broker Herbert Smith Subject to Complaint Over Oil and Gas Investments

November 5, 2017 | by Staff Attorney

According to BrokerCheck records financial advisor Herbert Smith (Smith), currently associated with Kestra Investment Services, LLC (Ketra Investment), has been subject to one customer complaint and two tax liens. According to records kept by The Financial Industry Regulatory Authority (FINRA) Smith has been accused by a customers of unsuitable investment advice concerning energy limited partnership investment among other claims. The law offices of Gana Weinstein LLP continue to report on investor related losses and potential legal remedies due to recommendations to investor in oil and gas and commodities related investments.

In addition, Smith has been subject to two tax liens. The first in May 2014 for $65,692 and the second in July 2016 for $69,542. Tax liens can be sign that a broker may have a conflict of interest to recommend or engage in high risk trades and improper recommendations due to the need to obtain funds. FINRA discloses tax liens information because it is important for investors to know whether or not a broker can manage their own finances.

Our firm is investigating potential securities claims against brokerage firms over sales practices related to the recommendations of oil & gas and commodities products such as exchange traded notes (ETNs), structured notes, private placements, master limited partnerships (MLPs), leveraged ETFs, mutual funds, and individual stocks.

Terry Bahgat Accused by SEC of Misappropriating Client Funds

November 5, 2017 | by Staff Attorney

The Securities and Exchange Commission (SEC) recently filed a complaint against former Gradient Securities, LLC (Gradient) and Cambridge Investment Research, Inc. (Cambridge) broker Terry Bahgat (Bahgat) working out of the Amherst, New York. The SEC alleged that from December 2014 through September 2016, Bahgat misappropriated funds seven different clients by obtaining access to their brokerage accounts and then transferring either to himself or WealthCFO – a company that Bahgat controlled. Bahgat operated his advisory business through WealthCFO Advisors, LLC and other firm WealthCFO Partners, LLC.

According to the SEC, in order to effectuate the fraud in some cases Bahgat had his assistant pose as his clients on telephone calls with the brokerage firms in order to obtain bill paying privileges. The SEC alleged that Bahgat’s scheme continued until September 2016 when he then fled the U.S. for Egypt. The Financial Industry Regulatory Authority (FINRA) also barred Bahgat from the securities industry after he failed to respond to a request for information in January. The FINRA investigation involved a different questionable practice – whether Bahgat made misrepresentations in the sale of a variable annuity.

Bahgat entered the securities industry in 1986. From October 2010 until August 2015, Bahgat was associated with Cambridge. From July 2015 until October 2016, Bahgat was registered with Gradient.

Woodbridge Mortgage Fund – Gana LLP Investor Fraud Investigation

November 4, 2017 | by Staff Attorney

The law offices of Gana Weinstein LLP are investigating Woodbridge Group of Companies and the investment funds it controls – a series of Woodbridge Mortgage Funds. The Securities and Exchange Commission (SEC) has recently filed a case seeking documents in connection with its investigation of the Woodbridge Group of Companies for possible violations of the securities laws. The California real estate and investment company has raised over $1 billion from investors under suspicious circumstances. Namely that the firm is engaging in a nationwide investment fraud by offering the sale of unregistered securities through unregistered brokers.

The signs that the Woodbridge Funds are about to become a giant fraud debacle are all there. Woodbridge and its agents have been sanctioned by multiple state regulators for offering unregistered securities. Going back to May 2015, the Massachusetts Securities Division imposed a bar on the Woodbridge Mortgage Investment Funds and ordered the companies to permanently cease and desist from selling unregistered or non-exempt securities in the Commonwealth of Massachusetts.

Thereafter, on July 17, 2015, the Texas State Securities Board issued an emergency cease and desist order against Woodbridge Fund 3, the firm’s owner Robert Shapiro (Shapiro), and other parties and ordered them to stop engaging in fraud in connection with the sale of securities in the state of Texas.

Former LPL Financial Broker Daniel Pugel Subject to Multiple Customer Complaints

November 1, 2017 | by Staff Attorney

The securities lawyers of Gana Weinstein LLP are investigating customer complaints against former LPL Financial LLC (LPL Financial) Broker Daniel Pugel (Pugel). According to BrokerCheck records, in March 2017, Pugel was “permitted to resign” from Financial Advocates Investment Management after allegedly violating investment-related statutes, regulations, rules, and/or industry standards of conduct, including FINRA Rule 2310 (suitability). Pugel has received three customer complaints.

In 2016 a customer alleged Daniel Pugel, while employed at Financial Advocates Investment Management, made unsuitable investment recommendations, failed in his supervisory duties, breached his fiduciary duty, and violated blue sky laws. The complaint settled in 2017 for $215,000.

In 2004 a customer alleged Daniel Pugel, while employed at Morgan Stanley, breached of contract, breached his fiduciary duty, made unsuitable recommendations, and committed fraud in connection to a mutual fund investment. The complaint resulted in an award to the customer of more than $95,900.

Broker Dennis Rasmusson Subject to Customer Complaints

November 1, 2017 | by Staff Attorney

The investment lawyers of Gana Weinstein LLP are investigating claims against Dennis Rasmusson (Rasmusson). According to BrokerCheck records, Rasmusson has been subject to two customer disputes and regulatory action.

In 2014, a customer alleged that Rasmusson failed to follow instructions, traded excessively and breached his fiduciary duty. The damage amount requested was $500,000 and this dispute settled for $110,000. In 2013, a customer alleged mismanagement of portfolio. This dispute was settled for $34,000.

In 2011 the state of Nebraska sanctioned Rasmusson for failing to keep certain books and records and maintain policies and procedures manual.

$2 Billion EnerVest Private Equity Fund Collapses – Investor Recovery Options

October 30, 2017 | by Staff Attorney

According to multiple news sources, a private equity fund managed by firm EnerVest Ltd. has lost essentially all of its value. The $1.5 billion EnerVest Energy Institutional Fund XII closed in 2010 while the $2 billion EnerVest Energy Institutional Fund XIII closed in 2013 appear to be affected by the loss. The EnerVest Fund XIII fund raised billions and focused on oil and gas and then borrowed $1.3 billion leveraging up the fund at the height of the oil market. As oil prices declined from more than $100 in 2014 to a low of $26 the value of EnerVest’s assets, which served as collateral on the debt, fell precipitously.

The decline in asset value then triggered repayment demands from lenders that could not be met. EnerVest has its credit facilities with Wells Fargo for its funds. In 2015, after the valuation of EnerVest Fund XII fell, Wells Fargo accelerated EnerVest’s debt repayment to $125 million from $20 million. EnerVest also stated in 2016 that it expected Wells Fargo to require an even larger repayment of Fund XIII in May 2016.

According to sources, investors can expect to be left with at pennies on the dollar. A loss of this scale for a private equity firm of EnerVest’s size is highly unusual given that there are only a handful of private equity firms worth at least $1 billion that have lost money.