Articles Tagged with investment fraud lawyer

shutterstock_132704474-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Michael Burkoff (Burkoff), currently employed by National Securities Corporation (National Securities) has been subject to at least four customer complaints and one criminal matter during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Burkoff’s one of customer complaints alleges that Burkoff recommended unsuitable investments in various investments such structured products among other allegations of misconduct relating to the handling of their accounts.

In December 2019 a customer complained that Burkoff violated the securities laws by alleging that Burkoff engaged in sales practice violations related to unsuitable trading and breach of fiduciary duty relating to the sale of structured products. The claim alleges $150,000 and is currently pending.

In August 2015 a customer complained that Burkoff violated the securities laws by alleging that Burkoff engaged in sales practice violations related to poor advice. The claim was denied by the firm.

Structured products range in risk from benign to extreme.  However, most structured products produce inferior risk/return profiles than ordinary debt or equity instruments because the brokerage firms that issue these products seek to profit from the spread between the payment to investors and the amount of money the brokerage firm can make from the issuance.  When dealing with some of the more complex structured products most investors will lack the ability to understand the merits of investments nor are many structured products appropriate for investors seeking a fixed or reliable income and preservation of capital.

Continue Reading

shutterstock_66745735-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Darrach Bourke (Bourke), currently employed by Emerson Equity, LLC (Emerson Equity) has been subject to at least six customer complaints, five criminal disclosures, one employment termination for cause, and one regulatory matter during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Bourke’s customer complaints alleges that Bourke recommended unsuitable investments in various investments including allegations of concentrations in energy securities among other allegations of misconduct relating to the handling of their accounts such as unauthorized trading.

In March 2017 FINRA sanctioned Bourke finding that Bourke consented to sanctions and findings that he exercised discretion without written authorization in the accounts of two customers. FINRA found that Bourke discussed investment strategies with these customers and then Bourke exercised discretion and executed transactions in the accounts without first speaking with the customers about the specific transactions. FINRA found that Bourke had not obtained prior written authorization from the customers to exercise discretion in their accounts, and his member firm had not approved either account for discretionary trading.  FINRA fined Bourke $5,000 and suspended him for 20 business days.

Advisors are not allowed to engage in unauthorized trading.  Such trading occurs when a broker sells securities without the prior authority from the investor. All brokers are under an obligation to first discuss trades with the investor before executing them under NYSE Rule 408(a) and FINRA Rules 2510(b).  These rules explicitly prohibit brokers from making discretionary trades in a customers’ non-discretionary accounts. The SEC has also found that unauthorized trading to be fraudulent nature because no disclosure could be more important to an investor than to be made aware that a trade will take place.

Continue Reading

shutterstock_1744162-300x200The law offices of Gana Weinstein LLP are currently investigating claims that advisor John Jaramillo (Jaramillo) has been accused by his former employer of selling a non-approved product among other allegations.  According to records kept by The Financial Industry Regulatory Authority (FINRA) Jaramillo has been terminated by his prior employer, Western International Securities, Inc. (Western International) concerning his outside business activities.  If you have been a victim of Jaramillo’s alleged misconduct our firm may be able to assist you in recovering funds.

In March 2020 Western International terminated Jaramillo after alleging that he sold a non-approved product.

Jaramillo’s outside business activities disclosed on his publicly available BrokerCheck report include accident & health insurance and Integrity Real Estate Solutions which is listed as a real estate agent.

Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in receiving loans from clients or selling securities sales through OBAs.  The sale of unapproved investment products – is a practice known in the industry as “selling away” – a serious violation of the securities laws.  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.  Sometimes those investments have some legitimacy but often times these types of investments can end up being Ponzi schemes or the advisor can be engaging in the conversion of funds.

Continue Reading

shutterstock_177577832-300x300The law offices of Gana Weinstein LLP are currently investigating claims that advisor Ferrell Rollins (Rollins) has been accused by his former employer of borrowing client funds among other allegations.  According to records kept by The Financial Industry Regulatory Authority (FINRA) Rollins has been terminated by his prior employer, Capital Investment Group, Inc. (Capital Investment Group) concerning his outside business activities.  If you have been a victim of Rollins’ alleged misconduct our firm may be able to assist you in recovering funds.

In September 2019 Capital Investment Group terminated Rollins after alleging violation of firm policy and FINRA Rules 2010 and 3240 related to borrowing money from a customer and making false statements to the firm on forms related to said loan.

Rollins’ outside business activities disclosed on his publicly available BrokerCheck report include Telco Credit Union.

Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in receiving loans from clients or selling securities sales through OBAs.  The sale of unapproved investment products – is a practice known in the industry as “selling away” – a serious violation of the securities laws.  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.  Sometimes those investments have some legitimacy but often times these types of investments can end up being Ponzi schemes or the advisor can be engaging in the conversion of funds.

Continue Reading

shutterstock_85873471-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Juan Barreras (Barreras), currently employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) has been subject to at least five customer complaints during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Barreras’ customer complaints alleges that Barreras recommended unsuitable investments in various investments including allegations of unsuitable municipal bonds and mutual fund securities among other allegations of misconduct relating to the handling of their accounts.

In August 2019 a customer complained that Barreras violated the securities laws by alleging that Barreras made investments recommendations in unsuitable investment recommendations and misrepresentation.  The claim alleges $800,000 in damages and is currently pending.

In January 2019 a customer complained that Barreras violated the securities laws by alleging that Barreras made investments recommendations in unsuitable investment recommendations and misrepresentation.  The claim alleges $600,000 in damages and is currently pending.

In August 2016 a customer complained that Barreras violated the securities laws by alleging that Barreras made investments recommendations in unsuitable investment recommendations, misrepresentation and omission of material facts from January 2011 to December 2016.  The claim alleges $500,000 in damages and settled for $125,000.

Continue Reading

shutterstock_161005310-300x168The law offices of Gana Weinstein LLP are currently investigating claims that advisor Benjamin Lowder (Lowder) has multiple client complaints concerning allegations that he engaged in the sales of private securities among other allegations.  Lowder was also barred by The Financial Industry Regulatory Authority (FINRA) concerning his private securities sales conduct.  According to BrokerCheck records, Lowder was formerly registered with FINRA member firm MSI Financial Services, Inc. (MSI Financial).  If you have been a victim of Lowder’s alleged misconduct our firm may be able to assist you in recovering funds.

In October 2019 FINRA found that Lowder consented to the sanctions and a bar from them industry as well as to the entry of findings that he refused to appear for testimony before FINRA during the course of an investigation that began after investor civil lawsuits submitted by his former member firm. FINRA found that the civil lawsuits alleged unfair and deceptive trade practices and state securities fraud regarding investments in fictitious entities.

According to Lowder’s publicly disclosed records the he has no disclosed outside business activities.

Continue Reading

shutterstock_113872627-300x300The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Michael Stanton (Stanton), currently employed by Worden Capital Management LLC (Worden Capital) has been subject to at least four customer complaints, two regulatory complaints, and nine financial disclosures and or tax and civil liens.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Stanton’s customer complaints allege that Stanton recommended unsuitable securities and engaged in excessive trading and churning among other allegations of misconduct in the handling of customer accounts.

In November 2016 Stanton was named a respondent in a FINRA complaint alleging that he and his member firm failed to establish, maintain, and enforce a reasonable supervisory system to prevent a registered representative from churning and excessively trading a customer’s brokerage accounts. FINRA alleged that Stanton and the firm failed to adequately investigate red flags demonstrating that the registered representative was churning the customer’s accounts.  FINRA found that Stanton and the firm also failed to adequately investigate that the registered representative engaged in aggressive, “in-and-out” trading for no apparent reason – the hallmark of excessive trading and churning.  Stanton was suspended for seven months and fined $5,000 as a result.

Continue Reading

shutterstock_176284139-300x200The law offices of Gana Weinstein LLP is currently investigating advisor Anthony Conti (Conti), currently associated with Boenning & Scattergood, Inc. (Boenning & Scattergood) out of Carnegie, Pennsylvania.  According to a BrokerCheck report, Conti has been subject to at least one customer dispute during the course of his career.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Conti’s customer complaints concern allegations of unsuitable investments.

In October 2016 it was alleged that Conti’s previous employer, Ross, Sinclaire & Associates, LLC (RSA), three clients of RSA commenced an arbitration claim against the firm. The clients alleged that RSA misrepresented the safety and security of film tax credit notes purchased from the issuer, leading clients to believe their principal was not subject to significant risk. The clients allege that these misrepresentations and negligence caused the loss of principal.  The claim alleged $2,200,000 in damages.  This dispute is currently still pending.

Continue Reading

shutterstock_189276023-300x198The law offices of Gana Weinstein LLP are currently investigating claims that advisor Michael Rappa (Rappa) engaged in undisclosed and unapproved private securities transactions.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Rappa, formerly registered with Foresters Equity Services, Inc. (Foresters Equity) out of San Diego, California was barred from the financial industry and disclosed at least two customer complaints.  According to a BrokerCheck report, Rappa’s customer complaints allege that Rappa made unsuitable private securities transaction recommendations.

In February 2019, FINRA stated that Rappa consented to the sanction and to the entry of findings that from August 2016 to July 2017, he engaged in undisclosed and unapproved private securities transactions totaling $2,731,287. The findings stated that Rappa solicited investors to purchase promissory notes relating to a purported real estate investment fund.

In May 2018, a customer alleged that in 2016, Rappa made unsuitable private securities transaction recommendations. The customer has requested $75,000 in damages. This dispute is currently still pending.

In February 2018, another customer similarly alleged that in 2017, Rappa was recommending unsuitable private securities transactions. The customer has requested $700,000 in damages. This dispute is currently still pending.

Continue Reading

shutterstock_187532303-300x200The attorneys at Gana Weinstein LLP are investigating BrokerCheck records reports that financial advisor Richard Cagle (Cagle), formerly employed by Hilltop Securities Independent Network Inc. (Hilltop Securities) has been subject to at least two customer complaints and one regulatory complaint resulting in a bar from the financial industry.  According to records kept by The Financial Industry Regulatory Authority (FINRA), Cagle’s customer complaints allege that Cagle recommended unsuitable securities recommendations among other allegations of misconduct in the handling of customer accounts.

In July 2019 Cagle consented to the sanction and to the entry of findings that he refused to appear and provide an on-the-record testimony requested by FINRA.  FINRA stated that it commenced an investigation into whether Cagle violated FINRA rules by making unsuitable investment recommendations and mismarking customer order tickets while associated with his former member firm.  Cagle’s failure to respond to the investigation drew an automatic bar from the industry.

Continue Reading

Contact Information