Articles Tagged with investment dispute attorney

shutterstock_102242143-300x169The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor James McKinney (McKinney), formerly employed by Cetera Advisors LLC (Cetera) has been subject to at least three customer complaints, three tax liens, and one regulatory action during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), McKinney’s customer complaints alleges that McKinney recommended unsuitable investments among other allegations of misconduct relating to the handling of their accounts.

In November 2019 FINRA filed a regulatory action against McKinney alleging that he was named a respondent in a FINRA complaint alleging that he failed to comply with FINRA requests for information, documents and on-the-record testimony in connection with an investigation of him for possible violations of FINRA rules.  If McKinney does not respond to the investigation the usual outcome is a bar from the securities industry.

McKinney also has three tax lien disclosures including a $622,351 lien from June 2017.  The fact that a broker cannot manage his own personal finances is material information for a client to consider.  In addition, the types of products clients have alleged were unsuitable are high commission products that may be recommended to generate high profits for the advisor at the expense of the client.

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shutterstock_114128113-300x238The securities lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Craig Sutherland (Sutherland) currently associated with Money Concepts Capital Corp (Money Concepts). According to BrokerCheck records, Sutherland has been subject to seven customer complaints. The customer complaints against Sutherland allege a number of securities law violations including that the broker made unsuitable investments, breach of fiduciary duty, and negligence among other claims.

Several of the claims involve allegations of high risk investments in Tanzania Royalty Exploration, variable annuities, non-traded REITs such as American Realty Capital Healthcare, and oil and gas related investments.  Variable annuities and non-traded REITs are high risk investments that brokers often sell to generate large commissions to the detriment of their clients.

Brokers have a responsibility treat investors fairly which includes obligations such as making only suitable investments for the client.  In order to make a suitable recommendation the broker must meet certain requirements.  First, there must be reasonable basis for the recommendation the product or security based upon the broker’s investigation and due diligence into the investment’s properties including its benefits, risks, tax consequences, and other relevant factors.  Second, the broker then must match the investment as being appropriate for the customer’s specific investment needs and objectives such as the client’s retirement status, long or short term goals, age, disability, income needs, or any other relevant factor.

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