The investment attorneys at Gana LLP are interested in speaking with investors of broker Joseph Sturniolo (Sturniolo). According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) Sturniolo has been the subject of at least 8 customer complaints. The customer complaints against Sturniolo allege securities law violations that including unsuitable investments, misrepresentations, and breach of fiduciary duty among other claims.
The most recent complaint was filed in June 2015, and alleged $400,692 in losses due to a recommendation to invest in a real estate security transaction. Another investor in April 2015, claimed $676,705 in damages due to a real estate security transaction. Many of the complaints appear to be in connection with in connection with the sales of tenants-in-common (TICs).
As a background, TICs largely been sold unfairly as tax advantaged products that allow customers to defer capital gains taxes on appreciated real estate. TICs are private placements that have no secondary trading market and are therefore illiquid investments. In a typical TIC, the investor receives a fractional interest in the property along with other stakeholders and the profits are generated mostly through the efforts of the sponsor and the management company that manages and leases the property. The sponsor typically structures the TIC investment with up-front fees and expenses charged to the TIC and negotiates the sale price and loan for the acquired property. Because these fees are often higher than 15%, there is often no way for the investment to be profitable for the investor.
TICs have come under fire by many investors and due to the failure of the TICs as a whole across the securities industry. Indeed, TICs have virtually disappeared as offered investments. According to InvestmentNews “At the height of the TIC market in 2006, 71 sponsors raised $3.65 billion in equity from TICs and DSTs…TICs now are all but extinct because of the fallout from the credit crisis.” In fact, TICs recommendations have been a major contributor to bankrupting brokerage firms. For example, 43 of the 92 broker-dealers that sold TICs sponsored by DBSI Inc., a company whose executives were later charged with running a Ponzi scheme, a staggering 47% of firms that sold DBSI are no longer in business.