Securities Lawyers Blog

Advisor John Howard Has Unsuitable Investment Complaints

September 12, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that advisor John Howard (Howard), currently employed by Raymond James & Associates, Inc. (Raymond James) has been subject to at least three customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Howard’s customer complaints alleges that Howard recommended unsuitable investments in various investments including allegations involving unauthorized trading among other allegations of misconduct relating to the handling of their accounts.

In September 2019, a customer complained that Howard violated the securities laws by alleging that Howard engaged in breach of fiduciary duty, negligence, breach of contract, and violated several other securities laws. The claim settled in the amount of $97,500.

In March 2008, a customer complained that Howard violated the securities laws by alleging that Howard engaged in unauthorized purchase of commercial paper. The claim settled in the amount of $1,134,601.00.

In February 2005, a customer complained that Howard violated the securities laws by alleging that Howard conducted unauthorized trades. The claim alleges settled in the amount of $7,859.83.

Advisor Michael Shillin Accused of Numerous Allegations of Financial Misconduct and Fraud – Investor Recovery Options

September 12, 2021 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Michael Shillin (Shillin) has been accused by numerous clients of engaging in fraudulent investment activities including undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by FINRA Shillin was employed by Alliance Global Partners at the time of the activity. If you have been a victim of Shillin’s alleged misconduct our firm may be able to assist you in recovering funds.

As reported by WEAU News, Shillin has been barred from working in the brokerage industry. FINRA has disclosed that Shillin refused to respond to the claims and complaints made against him. “In one of two new complaints, one count alleges that Shillin claimed to have purchased 20-thousand dollars in Space-X shares, but withdrew 25-thousand from their account. Another client writes that Shillin falsified documents to cover up a non-existent life insurance policy. This person wrote a check for nearly 30-thousand dollars for the policy.”

One of dozens of complaints filed relating to Shillin states “Each claimant alleges one or more of the following: that former FA misrepresented that he bought securities in claimants’ accounts when he did not actually buy them and presented claimants with documents that led them to believe the securities had been bought; represented that a claimant could obtain long-term care benefits under a rider to the claimant-spouse’s long-term care policy but never submitted the paperwork; failed to inform claimants that there were limits on penalty-free withdrawals from 401k accounts that had been rolled into an IRA; incorrectly represented to claimants they could withdraw from their IRAs when the withdrawals were prohibited transactions, and he prepared falsified accounting documents; improperly advised claimants they were eligible for a benefit under the Affordable Care Act and prepared a falsified Form 1099 reflecting a lower income; incorrectly advised claimants that investments in pre-IPO stocks would provide certain tax benefits, provided figures to include in tax returns, and represented that he would file the tax returns and forward payment to the IRS for claimants but failed to do so; incorrectly advised claimants on how much they could withdraw from their accounts to live on; and/or incorrectly advised claimants they could retire based on the purported performance of their portfolios.”

Merrill Lynch Financial Advisor Mark Jones Has Nine Investor Complaints

September 11, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Financial Advisor Mark Jones (Jones), currently employed by Merrill Lynch, has been subject to at least nine customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Jones’ customer complaints alleges that Jones recommended unsuitable investments in various investments, among other allegations of misconduct relating to the handling of their accounts.

In May 2019, a customer complained that Jones violated the securities laws by alleging that Jones engaged in material misrepresentations. The claim settled in the amount of $70,026.

In February 2014, a customer complained that Jones violated the securities laws by alleging that Jones engaged in unsuitable investment advice, and material misrepresentations. The claim settled in the amount of $26,250.

In April 2002, a customer complained that Jones violated the securities laws by alleging that Jones engaged in unsuitable investment advice. $400,000 in damages were granted.

Cambridge Financial Advisor Eladio Santiago Has Disputes Over Unsuitable Investment Advice

September 11, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Financial Advisor Eladio Santiago (Santiago), currently employed by Cambridge Investment Research, Inc. (Cambridge), has been subject to at least three customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Santiago’s customer complaints alleges that Santiago recommended unsuitable investments in various investments, among other allegations of misconduct relating to the handling of their accounts.

In February 2020, a customer complained that Santiago violated the securities laws by alleging that Santiago engaged in unsuitable investment advice, and mismanagement of accounts. The claim settled in the amount of $75,000.

In August, 2019, a customer complained that Santiago violated the securities laws by alleging that Santiago engaged in unsuitable investment advice, and mismanagement of accounts. The claim settled in the amount of $95,000.

In December, 2002, a customer complained that Santiago violated the securities laws by alleging that Santiago engaged in unsuitable investment transactions in the accounts. The claim alleged $756,000 in damages. The claim was closed without action.

Advisor Dwight Dykstra Sanctioned By Regulator Over Senior Living Real Estate Promissory Note Sales – Investor Recovery Options

June 14, 2021 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Dwight Dykstra (Dykstra) has been accused by The Financial Industry Regulatory Authority (FINRA) of engaging in undisclosed outside business activities (OBAs) and private securities transactions. According to records kept by FINRA Dykstra was employed by Vision Brokerage Services, LLC (Vision Brokerage) a the time of the activity and is now registered Alternative Investment Advisors, LLC (Alternative Investment). If you have been a victim of Dykstra’s alleged misconduct our firm may be able to assist you in recovering funds.

According to FINRA, the regulator sanctioned Dykstra after he consented to the sanction that he participated in private securities transactions without providing prior written notice to his member firm. The findings stated that, while registered through with his firm, Dykstra participated in private securities transactions by soliciting investments in promissory notes issued by a company raising capital to develop a senior living real estate project. FINRA found that Dykstra contacted prospective investors to inform them of the investment opportunity, provided marketing materials to interested investors, participated in communications between the issuer and interested investors, and facilitated the sale of approximately $2 million of promissory notes to 21 investors. FINRA also found that Dykstra was paid $67,500 in selling compensation for his participation in the transactions.

SW Financial’s Joseph Gebron Allegedly Violates Securities Laws

June 14, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that broker Joseph Gebron (Gebron) currently employed by SW Financial has been subject to at least seven customer complaints, one employment termination for cause, and one criminal matter during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Gebron’s customer complaints alleges that Gebron recommended unsuitable investments in various investments. Allegations involving common and preferred stocks, and private placement securities, among other allegations of misconduct relating to the handling of their accounts.

In January 2013, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unauthorized trading, misleading representations, and omissions. The claim alleges $820,000 in damages and is currently pending.

In February 2012, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in negligence, breach of fiduciary duty, and breach of contract. The claim settled in the amount of $47,500.

In May 2011, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unsuitable investment advice, violation of common law fraud, breach of fiduciary duty, and negligence. The claim settled in the amount of $45,000.

In November 2009, a customer complained that Gebron violated the securities laws by alleging that Gebron engaged in unsuitable investment advice, negligence, and breach of fiduciary duty. The claim settled in the amount of $50,000.

Ameriprise Financial Advisor Kevin Houser Has REIT Investment Complaints

May 31, 2021 | by Staff Attorney

Advisor Kevin Houser (Houser), currently employed by brokerage firm Ameriprise Financial Services, LLC (Ameriprise) has been subject to at least four customer complaints during the course of his career. According to a BrokerCheck report several of the customer complaints concern 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.

In November 2020 a customer complained that Houser violated the securities laws by alleging that Houser made misleading recommendations in various REITs and BDCs including Franklin Square, Cole Credit Property Trust IV, and CIM REIT. The claim involves alternative investments and alleges $358,000 damages, and is currently pending.

In July 2020 a customer complained that Houser violated the securities laws by alleging that Houser made misleading recommendations in various REITs, BDCs, and an annuity including Franklin Square. The claim involves alternative investments and alleges $300,000 damages, and is currently pending.

VIX and Leveraged ETF Investor Loss Recovery

May 24, 2021 | by Staff Attorney

The attorneys at Gana Weinstein LLP have been receiving investor complaints concerning advisors recommending what the advisors call hedge or bear market products to the investors causing large investor losses. These complaints often involve large holdings in derivative, leveraged, or inverse investment vehicles that are extraordinarily risky. Further, such investments are not bear market investments or account protection investments. These investments are usually leveraged bets against general market indices that have long time history of growth.

Two favorite advisor bets against the general market are leveraged ETFs and VIX related investments. An ETF is a registered investment trust whose shares represent an interest in a portfolio of securities that track an underlying benchmark or index. Leveraged ETFs differ from other ETFs in that they seek to return a multiple of the performance of the underlying index or benchmark or the inverse or opposite performance.

To accomplish their objectives non-traditional and leveraged ETFs typically contain very complex investment products, including interest rate swap agreements, futures contracts, and other derivative instruments. Moreover, leveraged or non-traditional ETFs are designed to achieve their stated objectives only over the course of one trading session, i.e., in one day. This is because between trading sessions the fund manager for the ETF generally will rebalance the fund’s holdings in order to meet the fund’s objectives and is known as the “daily reset.” As a result of the daily reset the correlation between the performance of a leveraged ETF and its linked index or benchmark is inexact and “tracking error” occurs. Over longer periods of time or pronounced during periods of volatility, this “tracking error” between a non-traditional ETF and its benchmark becomes compounded significantly.

Ameriprise Financial Advisor Gary Ginsberg Has REIT Investment Complaints

May 24, 2021 | by Staff Attorney

Advisor Gary Ginsberg (Ginsberg), currently employed by brokerage firm Ameriprise Financial Services, LLC (Ameriprise) has been subject to at least four customer complaints and one regulatory action during the course of his career. According to a BrokerCheck report several of the customer complaints concern 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.

In September 2020 a customer complained that Ginsberg violated the securities laws by alleging that Ginsberg made an unreasonable due diligence review of an alternative investment. The claim involves alternative investments, alleges $100,000 damages, and is currently pending.

In August 2020 a customer complained that Ginsberg violated the securities laws by alleging that Ginsberg made an unsuitable recommendation to purchase a non-traded REIT. The claim involves alternative investments and alleges $5,000 damages and was denied by the firm.

National Securities Christopher Ortiz Has Private Placement Complaints

May 18, 2021 | by Staff Attorney

Advisor Christopher Ortiz (Ortiz), currently employed by National Securities (National Securities) has been subject to at least two customer complaints during the course of his career. According to a BrokerCheck report the complaints appear to concern unsuitable investments in private placements investments. These allegations may concern investments in GPB Capital Holdings (GPB Capital) related investments. National Securities is known to have approved their brokers to sell GPB Capital to their clients.

On February 4, 2021 the U.S. Securities and Exchange Commission (SEC), the U.S. Attorney’s Office for the Eastern District of New York (DOJ), and seven states filed separate simultaneous actions against GPB Capital and other defendants connected to the firm accusing it of being a Ponzi-like scheme. In a press release the SEC stated that it “charged three individuals and their affiliated entities with running a Ponzi-like scheme that raised over $1.7 billion…”

As reported by Bloomberg “If proved, [GPB] would be one of the largest such schemes to target individual investors since the massive frauds of Bernard Madoff and Robert Allen Stanford came to light.” The DOJ indicted David Gentile, the founder of GPB, Jeffry Schneider, the owner and CEO of Ascendant Capital LLC, and Jeffrey Lash, a former managing partner of GPB relating to the fraud. If convicted, the defendants each face up to 20 years’ imprisonment.[1]

New York Attorney General Letitia James accused GPB of “defrauding investors across the country out of more than $700 million through a Ponzi-like scheme that offered to pay investors generous monthly distributions they could never deliver.”[2] Further, “Investors put in more than $1.8 billion into GPB funds but were left without a single cent of profit,” said Attorney General James. Investor funds are alleged to have been spent to subsidize expensive toys like private planes, Ferrari sports cars, and luxury travel for the three defendants.

What’s GPB Worth Now? “According to court papers, GPB claimed to manage just $239 million as of December, despite raising the $1.8 billion.”[3] If true, this would reflect approximately 13% of investors’ total investments across all GPB funds. Continue Reading