Articles Tagged with UBS Financial Services

shutterstock_183554579-300x200Our law firm, Gana LLP, is investigating claims made by Financial Industry Regulatory Authority (FINRA) against broker Alan Rose. The customer complaints allege that Rose engaged in securities law violations, including making unsuitable investments in clients’ accounts. The most recent customer complaint against the broker was filed in January 2017. The customer alleges during the period of 2013 – 2016, Rose over-concentrated their portfolio in unsuitable investments. The alleged damages are worth over $100,000. The case is currently pending.

Another complaint was filed against Rose in May 2015 alleging that the broker made unsuitable recommendations to their account. During the period of November 2011 through January 2013, Rose allegedly misrepresented and recommended unsuitable purchases of Puerto Rico municipal bond funds and New York State bonds. The alleged damages were worth $500,000 and the case was settled at $84,500.

Rose entered the industry in 1983. He is currently employed at Wells Fargo Clearing Services, LLC and has been employed there since January 2013. His previous employment includes: UBS Financial Services (October 2007 – February 2013), Morgan Stanley Inc. (April 2007 – October 2007), and Morgan Stanley DW Inc. (July 1983 – April 2007).

shutterstock_103681238The securities lawyers of Gana LLP are investigating customer complaints filed with The Financial Industry Regulatory Authority’s (FINRA) against broker Lance Slater (Slater). According to BrokerCheck records there are at least 2 customer complaints against Slater and one employment separation. The most recent customer complaint against Slater alleges that from 2013 Slater borrowed $210,000 from the client and then tried to hide that fact from her children and has not since then paid the client back. The client also alleges that Slater engaged in unsuitable investments and excessive trading.

Shortly thereafter Morgan Stanley discharged Slater making allegations Slater failed to adhere to the firm’s guidance regarding certain sales activity and possible involvement in an unreported loan from a customer while at a prior firm.

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.

Continue Reading

shutterstock_176198786The securities and investment attorneys of Gana LLP are interested in speaking with clients of Evan Wuhl (Wuhl). According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) Wuhl has been the subject of at least 15 customer complaints and 1 employment termination. The customer complaints against Wuhl allege securities law violations that claim unsuitable investments among other claims. Many of the more recent claims appear to involve allegations of unsuitable leveraged and inverse exchange-traded funds (Non-Traditional ETFs) and mutual funds.

In December 2011, Wuhl voluntarily resigned from UBS Financial Services Inc. (UBS) under circumstances where it was alleged that Wuhl worked client orders inconsistent with firm policy and industry rules concerning two clients’ use of credit lines to purchase securities.

The most recent customer complaint was filed in September 2012 alleging that Wuhl inappropriately recommended multiple shares of an inverse-leveraged ETF and then liquidated the trades without authorization from July 2008 through January 2010 resulting in damages of $277,180. The case was resolved for $220,000.

Wuhl entered the securities industry in 1979. From July 2003 through July 2008, Wuhl was a registered representative of Wachovia Securities, LLC. From July 2008 until December 2011, Wuhl was registered with UBS. Finally, from December 2011 onward Wuhl has been associated with Wells Fargo Advisors, LLC out of the firm’s New York, New York branch office location.

Continue Reading

shutterstock_29356093The attorneys at Gana LLP are interested in speaking with investors of broker Mark Hughes (Hughes) According to the BrokerCheck records kept by Financial Industry Regulatory Authority (FINRA) Hughes has been the subject of at least 7 customer complaints, and 1 regulatory action over the course of his career. The customer complaints against Hughes allege securities law violations that claim excessive trading, unsuitable investments, and unauthorized trading among other claims. The most recent complaint was filed in November 2011, and alleged $500,000 in losses due to unsuitable variable annuities.

The most recent regulatory action was taken by the state of Virginia in 2010, when the state alleged that Hughes violated the states laws by offering and selling leveraged exchanged traded funds (Non-Traditional ETFs) to two Virginia residents when the investment was not suitable for them given their investment objectives, financial situation, risk tolerance, experience, and investment needs. The allegations were settled with the state and resulted in sanctions of $620,000 and the imposition of heightened supervision.

Hughes entered the securities industry in 1993. From June 2004, until November 2007, Hughes was associated with Suntrust Investment Services Inc. From October 2007, until November 2014, Hughes was associated with UBS Financial Services Inc. Presently, Hughes is associated with Oppenheimer & Co. Inc. out of the firm’s Washington, DC branch office location.

As a background, Non-Traditional ETFs behave drastically different and have different risk qualities from traditional ETFs. While traditional ETFs seek to mirror an index or benchmark, Non-Traditional ETFs use a combination of derivatives instruments and debt to multiply returns on underlining assets, often attempting to generate 2 to 3 times the return of the underlining asset class. Non-Traditional ETFs are also used to earn the inverse result of the return of the benchmark.

Continue Reading