National Securities Corporation

Broker Investigation: Churning Claims Against National Securities Corporation Broker Shaun Stein

January 23, 2016 | by Staff Attorney

The securities fraud lawyers of Gana Weinstein LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Shaun Stein (Stein). According to BrokerCheck records there are at least 3 customer complaints against Stein. The customer complaints against Stein allege a number of securities law violations including that the broker made unsuitable investments, misrepresentations, breach of fiduciary duty, and churning (excessive trading) among other claims. The most recent customer complaint filed in July 2015 alleged churning and mishandling of the account claiming $60,000 in damages. The claim is still pending. In June 2014, another client filed a complaint alleging unsuitable investments, fraud, unfair trade practices and other claims claiming damages of $75,000. The claim has been closed.

As a background, when brokers engage in excessive trading, sometimes referred to as churning, the broker will typical trade in and out of securities, sometimes even the same stock, many times over a short period of time. Often times the account will completely “turnover” every month with different securities. This type of investment trading activity in the client’s account serves no reasonable purpose for the investor and is engaged in only to profit the broker through the generation of commissions created by the trades. Churning is considered a species of securities fraud. The elements of the claim are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

The number of customer complaints against Stein is high relative to his peers. According to InvestmentNews, only about 12% of financial advisors have any type of disclosure event on their records. Brokers must publicly disclose certain types of reportable events on their CRD including but not limited to customer complaints. In addition to disclosing client disputes brokers must divulge IRS tax liens, judgments, and criminal matters. However, FINRA’s records are not always complete according to a Wall Street Journal story that checked with 26 state regulators and found that at least 38,400 brokers had regulatory or financial red flags such as a personal bankruptcy that showed up in state records but not on BrokerCheck. More disturbing is the fact that 19,000 out of those 38,400 brokers had spotless BrokerCheck records.

Recovery Options For Investors of Zachary Bader’s Churning and Unsuitable VIX Trading

December 30, 2015 | by Staff Attorney

The securities fraud attorneys of Gana Weinstein LLP are investigating potential recovery options for investors with broker Zachary Bader (Bader). Recently The Financial Industry Regulatory Authority (FINRA) brought an enforcement action (FINRA No. 20130363873) which resulted in a permanent bar form the securities industry. The complaint alleged that from February 2012 through July 2013, Bader engaged in excessive trading (churning) in three customer accounts with a reckless disregard for the interests of those customers. FINRA also alleged that from March 2012 through January 2013, Bader made unsuitable recommendations of a complex Exchange Traded Note (ETN), the iPath S&P 500 VIX Short Term Futures ETN (VXX) to 21 customers without a reasonable basis to believe that the ETN was suitable for at least some investors.

Bader entered the securities industry in 2011 with brokerage firm Brookstone Securities, Inc. From February 2012 until August 2013, Bader was associated with Craig Scott Capital, LLC. Thereafter, from August 2013 until August 2013, Bader was associated with National Securities Corporation out of the firm’s Melville, New York office location.

As a background, when brokers engage in churning the broker will typical trade in and out of securities, sometimes even the same stock, many times over a short period of time. Often times the account will completely “turnover” every month with different securities. This type of investment trading activity in the client’s account serves no reasonable purpose for the investor and is engaged in only to profit the broker through the generation of commissions created by the trades. Churning is considered a species of securities fraud. The elements of the claim are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

FINRA Sanctions Daniel Barthole Over Attempt to Privately Settle a Customer Complaint

December 7, 2015 | by Staff Attorney

The Financial Industry Regulatory Authority (FINRA) brought an enforcement action (FINRA No. 2012034393401) against broker Daniel Barthole (Barthole) resulting in a monetary sanction and a suspension. In addition, according to the BrokerCheck records kept by FINRA, Barthole has been the subject of at least 2 customer complaints. The customer complaints against Barthole allege unsuitable investments, churning (excessive trading), misrepresentations, fraud, and unauthorized trading among other claims. The most recent complaint against Barthole alleged $227,632 in damages concerning unauthorized ETF trading and churning from February 2012 through September 2014. The claim was later withdrawn.

FINRA’s findings stated that Barthole consented to a finding that he together with two other brokers attempted to settle a customer complaint away from their brokerage firm by agreeing to pay $4,000 to a customer and by sending $1,500 in cash to the customer.

Barthole entered the securities industry in 2009. From April 2009 until February 2015, Barthole was associated with Woodstock Financial Group, Inc. Since February 2015, Barthole has been registered with National Securities Corporation out of the firm’s New York, New York office location.

Broker Spotlight: Customer Complaints Against Advisor Kenneth Bolton

November 22, 2015 | by Staff Attorney

The attorneys at Gana Weinstein LLP are interested in speaking with investors of broker Kenneth Bolton. According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) Kenneth Bolton (Bolton) has been the subject of at least 10 customer complaints, and 1 regulatory action, and one employment separation for cause. The customer complaints against Bolton allege securities law violations that including unsuitable investments, fraud, misrepresentations, failure to perform due diligence, violation of federal and state securities laws, and breach of fiduciary duty among other claims.

The most recent complaint was filed in January 2015, and alleged $413,000 in losses due to an unsuitable investment strategy. Another investor in May 2014, claimed $2,700,000 in damages. Some of the customer complaints appear to be in connection with in connection with the sales of tenants-in-common (TICs).

Bolton entered the securities industry in 1983. From March 1995, until August 2007, Bolton was associated with First Montauk Securities Corp. From August 2007, until December 2009, Bolton was associated with National Securities Corporation. Presently, Bolton is associated with Sandlapper Securities, LLC out of the firm’s Greenville, South Carolina branch office location.

Broker John Galinsky Suspended For Failing to Pay Arbitration Award

November 17, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker John Galinsky (Galinsky) has been the subject of at least 4 customer complaints, 2 regulatory actions, 2 employment separations for cause, and two criminal matters. In the most recent action, eleven claimants brought claims against Matrix Capital Group, Inc., John W. Eugster, Fintegra LLC, and Galinsky, alleging numerous securities law violations including breach of fiduciary duty, unsuitable investments, and misrepresentations relating to the sale of MiaSole Investments II LLC.

At an arbitration hearing, the arbitrators found that Galinsky and Fintegra were liable and asked them to buy back the investor’s securities in MiaSole totaling over $1.19 million in compensatory damages, and awarding $308,000 in attorneys’ fees and over $35,000 in costs. Since the award, Fintegra filed for bankruptcy.

Subsequently, Galinsky failed to pay the arbitration award. On August 7, 2015, FINRA suspended Galinsky’s broker license for failing to comply with the arbitration award and failing to provide FINRA information concerning status of compliance with the award.

Broker Spotlight: Claims Against Broker John Lopinto

October 31, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker John Lopinto (Lopinto) has been the subject of at least two customer complaints. The customer complaints against Lopinto allege securities law violations that claim churning and excessive trading, unsuitable investments, excessive commissions, breach of fiduciary duty, and fraud among other claims. One complaint alleged that Lopinto caused $4,000,000 in damages. In another claim filed the customer alleged $1,000,000 in damages as a result of high risk private placements and account churning.

Lopinto entered the securities industry in 2002. From January 2007 until January 2009, Lopinto was associated with Pointe Capital, Inc. From January 2009 until February 2010, Lopinto was associated with National Securities Corporation. Thereafter, from February 2010, until August 2011, Lopinto was associated with J.P. Turner & Company, L.L.C. Finally, since August 2011 onward Lopinto has been associated with Legend Securities, Inc. out of the firm’s New York, New York office location.

Churning is investment trading activity in the client’s account that serves no reasonable purpose for the investor and is transacted solely to profit the broker. The elements to establish a churning claim, which is considered a species of securities fraud, are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

Former National Securities Corporation Broker Brian Folland Subject to Numerous Customers Complaints

October 8, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Brian Folland (Folland) has been hit with at least 30 customer complaints over his career and two tax liens. Customers have filed complaints against Folland alleging securities law violations including that the broker made unsuitable investments, negligence, misrepresentations, breach of fiduciary duty, violation of blue sky statutes in several states, and fraud among other claims. The claims against Folland involve various types of securities including private placements, direct participation programs and limited partnerships which include investments like oil & gas, non-traded real estate investment trusts (Non-Traded REITs), equipment leasing programs. In addition, in July 2012, Folland disclosed a tax lien of $334,995 owed. Tax liens of that size provide an incentive and conflict of interest in the recommendation of high commission based products such as private placements and direct participation programs that often pay commission between 7-10%.

Folland entered the securities industry in 1995. From July 2007 until May 2013, Folland was associated with brokerage firm National Securities Corporation (National Securities) out of the firm’s Fresno, California office location.

All advisers have a fundamental responsibility to deal fairly with investors including making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

Customers File Complaints Against Former National Securities Corporation Broker William Gillis

October 7, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker William Gillis (Gillis) has been hit with at least 11 customer complaints over his career of which three have been filed in 2015 alone. Customers have filed complaints against Gillis alleging securities law violations including that the broker made unsuitable investments, poor investment advice and recommendations, failure to follow instructions, negligence, unauthorized trading, and misrepresentations among other claims. The claims against Gillis primarily involve his advice concerning equity securities. In addition, two of the claims resulted in arbitration panels awarding damages to customers.

Gillis entered the securities industry in 1986. From 2002, until August 2008, Gillis was associated with Wachovia Securities, LLC. Thereafter, from August 2008 until June 2015, Gillis was associated with brokerage firm National Securities Corporation (National Securities). Gillis does business through his DBA company Gillis Wealth Management Services in Seattle, Washington.

All advisers have a fundamental responsibility to deal fairly with investors including making suitable investment recommendations. In order to make suitable recommendations the broker must have a reasonable basis for recommending the product or security based upon the broker’s investigation of the investments properties including its benefits, risks, tax consequences, and other relevant factors. In addition, the broker must also understand the customer’s specific investment objectives to determine whether or not the specific product or security being recommended is appropriate for the customer based upon their needs.

Customers File Churning Complaints Against National Securities Corporation Broker Todd Henrich

October 5, 2015 | by Staff Attorney

According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) broker Todd Henrich (Henrich) has been hit with a couple customer complaints this year. Henrich’s record reveals a total of 2 customer complaints in his short four year career. Customers have filed complaints against Henrich alleging securities law violations including that the broker made unsuitable investments, churning, negligence, breach of fiduciary duty, and misrepresentations among other claims. Both claims have been filed against the broker since July 2015.

Henrich entered the securities industry in 2011 and became associated with National Securities Corporation (National Securities). In December 2011, Henrich became associated with Obsidian Financial Group, LLC until December 2012. At that time Henrich again became associated with National Securities and has been associated with that brokerage firm ever since.

Churning is investment trading activity in the client’s account that serves no reasonable purpose for the investor and is transacted solely to profit the broker. The elements to establish a churning claim, which is considered a species of securities fraud, are excessive transactions of securities, broker control over the account, and intent to defraud the investor by obtaining unlawful commissions. A similar claim, excessive trading, under FINRA’s suitability rule involves just the first two elements. Certain commonly used measures and ratios used to determine churning help evaluate a churning claim. These ratios look at how frequently the account is turned over plus whether or not the expenses incurred in the account made it unreasonable that the investor could reasonably profit from the activity.

FINRA Sanctions Broker Gregory Gassoso Over Unauthorized Trades

September 25, 2015 | by Staff Attorney

The Financial Industry Regulatory Authority (FINRA) sanctioned (FINRA AWC No. 2013039506601) broker Gregory Gassoso (Gassoso) on allegations that in April 2013, Gassoso effected three unauthorized transactions in a customer’s account, resulting in a loss of approximately $1,500. In addition to FINRA’s recent action Gassoso has been the subject of at least five customer complaints and two other regulatory matters over the course of his career. Customers have filed complaints against Gassoso alleging securities law violations including that the broker made unsuitable investments, unauthorized trades, and poor investment advice among other claims.

Gassoso entered the securities industry in 1997. From September 2001, until June 2012, Gassoso was a registered representative with DPEC Capital, Inc. (DPEC). From August 2012, until January 2015, Gassoso was associated with National Securities Corporation. Finally, from February 2015 until September 2015, Gassoso was again associated with DPEC out of its New York, New York office location.

Gassoso has a disciplinary history including prior regulatory claims of unauthorized trading. Gassoso has been the subject of two prior FINRA disciplinary actions for unauthorized activity including a May 2003, action where he was fined $5,000 and suspended from association with a FINRA for ten days for opening accounts for customers without their knowledge or authorization. In another incident in June 2005, Gassoso was fined $6,000 and suspended for 60 days from association with a FINRA member for unauthorized trading in customer accounts.