Articles Tagged with Merrill Lynch

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Anthony Brookfield (Brookfield), currently associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least one disclosable event. These events include one customer complaint, alleging that Brookfield recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a settled customer complaint with a damage request of $7,000,000.00 on November 15, 2021.

January 2016 to Mid-2019\, \, Claimants’ counsel alleges unsuitability and misrepresentation with respect to recommendations to invest in and hold an options overlay strategy.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Richard Gentile (Gentile), currently associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least one disclosable event. These events include one customer complaint, alleging that Gentile recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a settled customer complaint on December 05, 2021.

Client alleges FA misrepresented tax consequences of exchanging mutual funds within the same fund family resulting in taxes owed and causing the client to miss out on tuition assistance.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Peter Baldeo (Baldeo), currently associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least one disclosable event. These events include one customer complaint, alleging that Baldeo recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a settled customer complaint on November 22, 2021.

The customer alleges failure to follow instructions, unauthorized trading and that the Financial Advisor was not acting in his best interests from May 2021 until November 2021.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Forrest Jones (Jones), previously associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least 3 disclosable events. These events include one customer complaint, 2 regulatory events, alleging that Jones recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on May 13, 2022.

Respondent Jones failed to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Ernest Frerking (Frerking), previously associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least 2 disclosable events. These events include one customer complaint, one regulatory event, alleging that Frerking recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on August 02, 2022.

Without admitting or denying the findings, Frerking consented to the sanction and to the entry of findings that he refused to appear for on-the-record testimony requested by FINRA. The findings stated that this matter originated from a FINRA Rule 4530 filing by Frerking’s member firm.

The law offices of Gana Weinstein LLP are currently investigating claims that Broker Richard Hogan (Hogan) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Hogan was employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated at the time of the activity.  If you have been a victim of Hogan’s alleged misconduct our firm may be able to assist you in recovering funds.

FINRA BrokerCheck shows a final customer complaint on July 26, 2022.

Without admitting or denying the findings, Hogan consented to the sanctions and to the entry of findings that he participated in private securities transactions in Asia-based funds without providing prior written notice to his member firm. The findings stated that Hogan participated in five private securities transactions in Asia-based funds by three firm customers, who invested a total\<char_lb_r>\, of $630,000 in the funds. Hogan participated in the transactions by soliciting the investments from the customers and directing his assistants to process the investment documentation. The firm did not offer these funds for investment by customers, and the customers’ investments were not custodied with the firm. Hogan disclosed on the firm’s associate investment monitoring (AIM) system that he had personally invested in a Hong Kong equity fund but attested that he had not co-invested with customers or solicited others in connection with the investment. Contrary to this representation, two customers had invested in the same fund, based upon Hogan’s recommendation, prior to his AIM disclosure.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker John Gatto (Gatto), currently associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least 2 disclosable events. These events include one customer complaint, one regulatory event, alleging that Gatto recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on August 01, 2022.

Pursuant to NY State Insurance Law Section 2110(i), representative failed to disclose an administrative action from the UT Insurance Department.

The law offices of Gana Weinstein LLP are currently investigating claims that Broker Christopher Eriksson (Eriksson) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Eriksson was employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated at the time of the activity.  If you have been a victim of Eriksson’s alleged misconduct our firm may be able to assist you in recovering funds.

FINRA BrokerCheck shows a final customer complaint on November 09, 2022.

Without admitting or denying the findings, Eriksson consented to the sanctions and to the entry of findings that he borrowed money from a customer without notice to, or approval from, his member firm. The findings stated that Eriksson borrowed $350,000 from a customer, at a fixed interest rate, as documented by a promissory note drafted by one of the co-trustees of the customer. Eriksson has paid off in full the principal and interest of the loan. The findings also stated that Eriksson engaged in three undisclosed outside business activities (OBAs). In addition, Eriksson submitted questionnaire responses to the firm which failed to disclose all his OBAs.

The law offices of Gana Weinstein LLP are currently investigating claims that Broker Richard Crabtree (Crabtree) has been accused by investors of engaging in fraudulent misappropriation of their funds. According to records kept by The Financial Industry Regulatory Authority (FINRA), it appears that Crabtree was employed by Merrill Lynch, Pierce, Fenner & Smith Incorporated at the time of the activity.  If you have been a victim of Crabtree’s alleged misconduct our firm may be able to assist you in recovering funds.

FINRA BrokerCheck shows a final customer complaint on September 23, 2022.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative and cease-and-desist proceedings be, and hereby are, instituted pursuant to Section 8A of the Securities Act of 1933 (‘Securities Act’), Sections 15(b)(6) and 21C of the Securities Exchange Act of 1934 (‘Exchange Act’), Sections 203(f) and 203(k) of the Investment Advisers Act of 1940 (‘Advisers Act’), and Section 9(b) of the Investment Company Act of 1940 (‘Investment Company Act’) against Richard M. Crabtree (‘Respondent’ or ‘Crabtree’). The Commission finds that Crabtree, defrauded his advisory client about the investments in the client’s accounts, their performance, and the value of the client’s assets. Crabtree, who was a Senior Vice President at a prominent investment adviser and resident director of the Annapolis, Maryland branch office of the investment adviser, deceived the client into believing that he had invested $250,000 of the client’s funds into a private investment partnership that was held outside of the Investment Adviser. Crabtree falsely represented to the client that the trading strategy was highly profitable and that the client’s interest in the private investment partnership grew to as high as approximately $10 million. However, Crabtree never invested any of the client’s funds into a private investment partnership, and none of its profits were real. To perpetuate and conceal this fraud, Crabtree repeatedly falsified records, including portfolio review reports, trading records, data in the investment adviser’s system, and mortgage payout letters, and liquidated securities in one of the client’s advisory accounts. As a result of his conduct, Crabtree willfully violated Sections 17(a)(1) and 17(a)(3) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder and Sections 206(1) and 206(2) of the Advisers Act.

According to records kept by The Financial Industry Regulatory Authority (FINRA) financial Broker Joshua Nicholas (Nicholas), previously associated with Merrill Lynch, Pierce, Fenner & Smith Incorporated, has at least 5 disclosable events. These events include one customer complaint, 4 regulatory events, alleging that Nicholas recommended unsuitable investments in different investment products including debt securities among other allegations and complaints.

FINRA BrokerCheck shows a final customer complaint on April 24, 2023.

The Securities and Exchange Commission (‘Commission’) deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 203(f) of the Investment Advisers Act of 1940 (‘Advisers Act’) against Joshua David Nicholas (‘Nicholas’ or ‘Respondent’). The Commission finds that on April 19, 2023, a final judgment was entered by consent against Nicholas, permanently enjoining him from future violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 (‘Securities Act’), and Section 10(b) of the Securities Exchange Act of 1934 (‘Exchange Act’) and Rule 10b-5 thereunder, in the civil action entitled Securities and Exchange Commission v. Empires Consulting Corp., et al., 1:22-cv-21995-CMA, in the United States District Court for the Southern District of Florida. The Commission’s complaint alleged that Nicholas and others fraudulently raised at least $40 million of investor funds in EmpiresX investments by falsely claiming that EmpiresX could earn an expected investment return through a proprietary trading ‘bot’ or by manual trading performed by Nicholas. In reality, the bot was fake, Nicholas and others traded only a fraction of the funds they took from investors, and that limited trading failed to earn the purported return. Nicholas and others further lied to investors to provide assurances of the safety of their investment, including by falsely telling investors that EmpiresX had filed SEC registration paperwork. Instead, Nicholas and others misappropriated that investor money for personal uses such as cars, real estate, and travel. The complaint also alleged that Nicholas and others sold unregistered securities. On September 8, 2022, Nicholas pled guilty to one count of conspiracy to commit securities fraud, in violation of 18 U.S.C. \\u00a7 371, 15 U.S.C. \\u00a7\\u00a7 78j(b) and 78ff, and 17 C.F.R. \\u00a7 240.10b-5, before the United States District Court for the Southern District of Florida, in United States v. Joshua David Nicholas, 1:22-cr-20296-JEM. In connection with that plea, Respondent admitted that he conspired with others to commit securities fraud by offering EmpiresX investments through devices, schemes, and artifices to defraud, and materially false statements and omissions. Specifically, Respondent admitted that the purported EmpiresX bot was not real, and that EmpiresX was instead a Ponzi scheme that paid earlier investors with money obtained from later investors. Respondent further admitted that in marketing EmpiresX investments, he misrepresented himself as another individual in order to conceal from investors and potential investors his prior disciplinary history.

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