Articles Tagged with Interactive Brokers

shutterstock_185190197-300x199The law offices of Gana Weinstein LLP have recently filed a complaint on behalf of nearly a dozen investors alleging that Dean Mustaphalli (Mustaphalli) engaged in securities fraud.  The claim was brought against brokerage firms Sterne Agee Financial Services, Inc. (Sterne Agee) and Interactive Brokers LLC (Interactive Brokers) alleging that the firms failed to supervise Mustaphalli’s misconduct and otherwise aided his fraud causing them approximately $3,000,000 in losses.

If you unfortunately trusted Mustaphalli with your investments there is still time to act.  Gana Weinstein LLP’s securities fraud attorneys represent investors who have suffered investment losses at the hands of securities professionals. Details concerning Mustaphalli’s alleged fraud continue to surface.

On June 14th, 2017, New York Attorney General Eric T. Schneiderman announced charges against Mustaphalli and entities he controlled with defrauding elderly clients out of millions of dollars.  The New York Attorney General alleged that Mustaphalli engaged in a six-year scheme to defraud clients that were elderly and near retirement by investing their money in his hedge fund and in many instances without their knowledge  Schneiderman said in a statement – “As we allege, Dean Mustaphalli squandered and looted $10 million from hardworking individuals. New Yorkers deserve to know that their investments are safe—and financial professionals who won’t play by the rules will face consequences.”

shutterstock_103610648The law offices of Gana Weinstein LLP are tracking a number of cases that have been filed against brokerage firm Interactive Brokers LLC (Interactive Brokers). These cases generally allege that due to market events affecting the customer’s accounts Interactive Brokers executed forced margin calls selling the customer’s securities. However, according to the customers Interactive Brokers did not provide investors fair pricing for the securities during the liquidations violating the “National Best Bid/Best Offer,” rule that is required in processing auto liquidations. By failing to offer fair prices for the stocks these customer their accounts were subject to additional margin calls, which results in a death spiral situation where the forced selling causes additional investment losses that causes more selling.

In one case that went to an arbitration hearing (FINRA No. 12-02766) the Claimant asserted claims of breach of contract; promissory estoppel; violation of state securities statutes; claims under common law; and vicarious liability. The Claimant alleged that Interactive Brokers’ flawed, inefficient and fraudulent margin auto-liquidation system caused auto-liquidation of the customers’ portfolios at prices inferior to the National Best Bid/Best Offer. The panel awarded the Claimant $175,000 for auto-liquidations that occurred on January 12, 2011, plus $57,200 in interest, $285,000 for auto-liquidations that occurred on August 5, 2011, and $77,000 in interest, and $72,418 for expert witness fees and other costs involved in the arbitration.

Trading on margin is a practice where the investor borrows funds from the brokerage firm and agrees to keep a maintenance margin balance or a minimum account balance. If the account value falls below the maintenance margin or the brokerage firm believes the securities are at risk at falling below that balance the firm can require investors to either deposit additional funds to bring the account back into balance or make a margin call that sells stocks in order to raise capital to pay down the loan.

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