The investment lawyers of Gana Weinstein LLP are investigating customer complaints against broker Brandon Gioffre (Gioffre). There are at least 3 customer complaints against Gioffre. In addition, there is one employment separations disclosed. The most recent customer complaint alleged that three individuals sent a letter to the firm on July 15, 2015 alleging that Gioffre, acting on behalf of the firm, solicited investments in TMG Energy Systems and they suffered damages of $881,657 through the investments. According to Constellation Wealth Advisors LLC (Constellation Wealth Advisors), the firm neither offered the investment nor approved of the private securities transaction or outside business activity engaged in by Gioffre. The conduct allegedly engaged in by Gioffre is also referred to as “selling away” in the industry.
Gioffre entered the securities industry in 1998. Between June 2009 and June 2014, Gioffre was associated with Morgan Stanley. From July 2014 until August 2015, Gioffre was associated with brokerage firm Constellation Wealth Advisors until he was discharged from the firm.
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. However, even though when these incidents occur the brokerage firm claims ignorance of their advisor’s activities the firm is obligated under the FINRA rules to properly 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.