investment advisor lawyer

Advisor Byron Treat Permanently Barred From Industry Over Sale of Church Bonds

January 22, 2024 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating claims that advisor Byron Treat (Treat) has been accused by a securities regulator of failing to supervise recommendations of certain illiquid investments. Treat was sanctioned by The Financial Industry Regulatory Authority (FINRA) concerning whether Treat reasonably supervised the sale of certain illiquid investment. According to records kept by The Financial Industry Regulatory Authority (FINRA), Treat was employed by Great Nation Investment Corporation (Great Nation) at the time of the activity. If you have been a victim of Treat’s alleged misconduct, our firm may be able to assist you in recovering funds.

In January 2021, FINRA brought a regulatory action and found that Treat consented to sanctions and findings that he failed to provide documents and information requested by FINRA in connection with an investigation into whether Treat reasonably supervised the sale of certain illiquid investments while at Great Nation.

In February 2021 Great Nation terminated Treat alleging that he failed to supervise the sale of certain church bonds and failed to provide information related to the investigation.

In May 2013, Treat consented to a fine of $5,000 for failing to establish, maintain, and enforce an adequate supervisory system regarding the offering of certain investments at Great Nation.

Capstone Financial’s David Melilli Allegedly Violates Securities Laws

September 2, 2022 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that David John Melilli (Melilli), formerly employed by Capstone Financial LLC, has been subject to at least three customer complaints during his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Melilli’s customer complaints allege that Melilli engaged in unauthorized trading and recommended unsuitable investments.

In April 2021, FINRA made a preliminary determination to recommend that disciplinary action be brought against Melilli for various allegations. These include unsuitable and excessive trading in customer accounts, using discretion without written authorization in customer accounts, unauthorized trading in the account of a deceased customer, forging customer signatures on account documents and causing member firm to maintain inaccurate books and records, sending written communication entitled “Writing Covered Calls” to customer without obtaining prior approval from member firm and use of a misleading communication with a customer, using text messages to conduct securities related business in violation of applicable firm policies and causing firms to fail to maintain accurate books and records, and opening and maintaining multiple outside securities accounts without the prior consent of member firms. Investigation is pending concerning these allegations.

In September 2020, a customer complained that Melilli violated the securities laws by alleging that Melilli engaged in authorized trading. The claim alleges $5,000 in damages and is currently pending.

Also in September 2020, a customer complained that Melilli violated the securities laws by alleging that Melilli made risky investments that were not fully understood and that management fees may not have been assessed correctly. The claim was denied.

Woodbury Financial’s Daryl Serizawa Has Customer Complaints

August 28, 2022 | by Staff Attorney

The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that Daryl Tomobu Serizawa, currently employed by Woodbury Financial Services, Inc., has been subject to at least three customer complaints during his career. According to records kept by the Financial Industry Regulatory Authority (FINRA), Serizawa’s customer complaints allege that Serizawa engaged in excessive trading, made investments that were not in the client’s best interests, and inappropriately sold private investment funds.

In December 2019, a customer complained that Serizawa violated the securities laws by alleging that Serizawa inappropriately sold private investment funds. The claim settled in the amount of $335,875.45.

In March 2005, a customer complained that Serizawa violated the securities laws by alleging that Serizawa took advantage of the customer in making purchases and sales that were not always in their best interest. Rather, it is claimed that these transactions were done specifically to generate commissions. This claim alleged $119,754.88 in damages and was denied.

In March 2004, a customer complained that Serizawa violated the securities laws by alleging that Serizawa engaged in excessive trading. The claim settled in the amount of $22,000.

Centaurus Financial Broker David Crane Subject to Multiple Tax Liens

September 29, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP is reporting on public disclosures on advisor David Crane (Crane), currently registered with Centaurus Financial, Inc. (Centaurus Financial) out of Dacula, Georgia. According to a BrokerCheck report, Crane has been subject to at least one customer dispute. In addition, Crane disclosed five tax liens during his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Crane’s customer complaint concerns over variable annuity sales practices.

In March 2018 Crane disclosed a $131,644 tax lien against him. Prior to that, in November 2010 Crane disclosed a $34,101 tax lien against him. Large tax liens on a broker’s CRD can be a red flag that the broker may be influenced to engage in high commission activity in order to satisfy personal debts. FINRA discloses information concerning a broker’s financial condition because a broker’s inability to handle their own personal finances has also been found to be material information in helping investors determine if they should allow the broker to handle their finances.

In July 2004 a customer alleged that Crane provided negligent investment advice and breached his fiduciary duty concerning the purchase of a variable annuity. The amount of damages was not specified. The claim was settled for $225,000.

SagePoint Advisor Marvin Fisher Subject to A Complaint and Tax Liens

June 2, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor Marvin Fisher (Fisher), currently employed by SagePoint Financial, Inc. (SagePoint Financial) has been subject to at least one customer complaint, one employment termination for cause, and four tax liens or judgments during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Fisher’s customer complaints allege that Bernstein recommended unsuitable variable annuity among other allegations.

In October 2018 a customer filed a complaint alleging that Fisher violated the securities laws by, among other things, that the guaranteed minimum income benefit rider on variable annuity purchased in 2006 was misrepresented to the client. The claim alleges $5,000 in damages and settled for $25,000.

In July 2016 Fisher was subject to a tax lien of $107,674. Large tax liens on a broker’s CRD can be a red flag that the broker may be influenced to engage in high commission activity in order to satisfy personal debts. In addition, a broker’s inability to manage their own finances is relevant in a customer’s decision to use their services.